Confederate States Constitution - Changes From U.S. Constitution

Changes From U.S. Constitution

• The Preambles of both Constitutions do have some similarities, though it seems that the Confederate Constitution authors set out to give a different feel to the new preamble. Both preambles are provided here. The bold text shows the differences in the two.
  • The Preamble to the U.S. Constitution: "We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America."
  • The Preamble to the Confederate Constitution: "We, the people of the Confederate States, each state acting in its sovereign and independent character, in order to form a permanent federal government, establish justice, insure domestic tranquillity, and secure the blessings of liberty to ourselves and our posterity — invoking the favor and guidance of Almighty God — do ordain and establish this Constitution for the Confederate States of America."

The Confederate Constitution followed the U.S. Constitution for the most part in the main body of the text with some changes.

Article I Differences:

• Amended Article I Section 2(1) to prohibit persons "of foreign birth" who were "not a citizen of the Confederate States" from voting "for any officer, civil or political, State or Federal."
• Article I Section 2(3) is essentially the same. Although, the clause still only counts "three-fifths of all slaves" for the population total of each State, just as it did in the U.S. with the Three-Fifths Compromise, "The number of Representatives shall not exceed one for every fifty thousand". while in the U.S. Constitution "The Number of Representatives shall not exceed one for every thirty Thousand."
• Amended Article I Section 2(5) to allow the state legislatures to impeach federal officials who live and work only within their state with 2/3 vote in both houses of the state legislature.
• Concerning the appointment of Senators Article I Section 3(1) adds "at the regular session next immediately preceding the commencement of the term of service." The State Legislature, who was responsible for the appointment of Senators at the time, must wait until the seat was vacant.
• Article I Section 4(1) deals with elections and adds "subject to the provisions of this Constitution" to the U.S. Constitution Clause. This means that each State Legislature is free to make their own decisions except where the Constitution has laid out other rules. The fore mentioned Article I Section 2(1) and Article I Section 3(1) clauses would fall into that category.
• Amended Article I Section 6(2) to allow the House of Representatives and Senate the ability to grant seats to the heads of each Executive Department in order to discuss issues involving their departments with Congress. This Clause is the same as the one from the U.S Constitution and adds:

But Congress may, by law, grant to the principal officer in each of the Executive Departments a seat upon the floor of either House, with the privilege of discussing any measures appertaining to his department.

• Amended Article I Section 7(2) to provide the President of the Confederate States of America with a line item veto but also required any bill which the president used the veto in to be resubmitted to both houses for a possible override vote by 2/3 of both houses.
• In an attempt to prevent the Confederate Congress from protecting industry the framers add to Article I Section 8(1).

The Congress shall have power - To lay and collect taxes, duties, imposts, and excises for revenue, necessary to pay the debts, provide for the common defense, and carry on the Government of the Confederate States; but no bounties shall be granted from the Treasury; nor shall any duties or taxes on importations from foreign nations be laid to promote or foster any branch of industry; and all duties, imposts, and excises shall be uniform throughout the Confederate States.

The phrase "general Welfare" was dropped from the Confederate Clause as well.

The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;

Article I Section 8(3) adds quite a bit to the U.S. Constitution in an attempt to block the Confederate Congress from passing law to "facilitate commerce" with some exceptions allowing for safety and improvement to waterways.

Article I Section 8 of the U.S. Constitution

To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes.

Article I Section 8(3) of the Confederate Constitution.

To regulate commerce with foreign nations, and among the several States, and with the Indian tribes; but neither this, nor any other clause contained in the constitution, shall ever be construed to delegate the power to Congress to appropriate money for any internal improvement intended to facilitate commerce; except for the purpose of furnishing lights, beacons, and buoys, and other aids to navigation upon the coasts, and the improvement of harbors and the removing of obstructions in river navigation, in all which cases, such duties shall be laid on the navigation facilitated thereby, as may be necessary to pay the costs and expenses thereof.

• There are changes and additions to Article 1 Section 9 Clauses (1), (2), and (4) that are covered in the Slavery section below.
• The first twelve amendments to the U.S. Constitution, including the Bill of Rights, were directly incorporated into the Confederate Constitution. This was done primarily in Article I Section 9 of the Confederate Constitution with the first Eight Amendments to the U.S Constitution becoming clauses (12) to (19).

In addition to these there are three an altogether new clauses in the Confederate Constitution for Article I Section 9.

• Article I, Section 9(9)

Congress shall appropriate no money from the treasury except by a vote of two-thirds of both Houses, taken by yeas and nays, unless it be asked and estimated for by some one of the heads of Department, and submitted to Congress by the President; or for the purpose of paying its own expenses and contingencies; or for the payment of claims against the Confederate States, the justice of which shall have been judicially declared by a tribunal for the investigation of claims against the government, which it is hereby made the duty of Congress to establish.

• Article I, Section 9(10)

All bills appropriating money shall specify in federal currency the exact amount of each appropriation and the purposes for which it is made; and Congress shall grant no extra compensation to any public contractor, officer, agent or servant, after such contract shall have been made or such service rendered.

• Article I, Section 9(20) was added to limit new bills to contain only one subject when presented.

Every law or resolution having the force of law, shall relate to but one subject, and that shall be expressed in the title.

Then in Section 10:

• Article I Section 10(3) Confederate States do not have the ability to tax ships and negotiate treaties concerning water ways with other States without the consent of Congress. This Clause limits the Confederate States in their ability to keep troops or engage in war as well, Though they would have the ability to enter compacts for the improvement of shared rivers.

No State shall, without the consent of Congress, lay any duty on tonnage, except on sea-going vessels, for the improvement of its rivers and harbors navigated by the said vessels; but such duties shall not conflict with any treaties of the Confederate States with foreign nations; and any surplus revenue, thus derived, shall, after making such improvement, be paid into the common treasury. Nor shall any state keep troops or ships of war in time of peace, enter into any agreement or compact with another state, or with a foreign power, or engage in war, unless actually invaded, or in such imminent danger as will not admit of delay. But when any river divides or flows through two or more States, they may enter into compacts with each other to improve the navigation thereof.

Changes to Article II:

• The President of the Confederate States of America is to be elected by electors, chosen by the individual states, for a single six-year term, rather than an unlimited (at that time) number of four-year terms. Article 2 Section 1(1) reads as: "The executive power shall be vested in a President of the Confederate States of America. He and the Vice President shall hold their offices for the term of six years; but the President shall not be re-eligible."
• Amendment XII of the U.S. Constitution is added here as Article II Section 1(3), (4), and (5)
• Article II Section 1(7) of the Confederate Constitution provides citizenship to people "born in the United States prior to the 20th of December, 1860" it also requires candidates for the President of the Confederacy to have resided "within the limits of the Confederate States" for 14 years.

Changes to Article III

• Article III Section 2(1) of the Confederate Constitution combines the first clause of Article III Section 1 in the U.S. Constitution with Amendment XI. The phrase "citizens of the same state" is left out and "and foreign states, citizens or subjects; but no state shall be sued by a citizen or subject of any foreign state" is added in the Confederate Constitution.

Changes to Article IV

• There are changes and additions to Article IV Section 2(1) and Article IV Section 3(3) that are covered in the Slavery section below.
• Article IV Section 3(1) make a 2/3 vote necessary for a new State to join the Confederacy.

Other states may be admitted into this Confederacy by a vote of two-thirds of the whole House of Representatives, and two-thirds of the Senate, the Senate voting by states; but no new state shall be formed or erected within the jurisdiction of any other state; nor any state be formed by the junction of two or more states, or parts of states, without the consent of the legislatures of the states concerned as well as of the Congress.

Changes to Article V

• The process of amendment became easier (Article V Section 1(1)), requiring only two-thirds of the states rather than three-fourths. Also, amendments do not have to be passed by the Confederate Congress.

Changes to Article VI

• The Confederate Constitution adds a clause to aide with the transition from the provisional government.

Article VI Section 1(1)

The Government established by this Constitution is the successor of the Provisional Government of the Confederate States of America, and all the laws passed by the latter shall continue in force until the same shall be repealed or modified; and all the officers appointed by the same shall remain in office until their successors are appointed and qualified, or the offices abolished.

• Amendments IX and X of the U.S. Constitution are added here as Article VI Section 1(5), and (6)

Changes to Article VII

• Article VII Section 1(2) is instructions for electing permanent officials after the ratification of the Confederate Constitution are added.

When five states shall have ratified this Constitution, in the manner before specified, the Congress under the Provisional Constitution, shall prescribe the time for holding the election of President and Vice President; and, for the meeting of the Electoral College; and, for counting the votes, and inaugurating the President. They shall, also, prescribe the time for holding the first election of members of Congress under this Constitution, and the time for assembling the same. Until the assembling of such Congress, the Congress under the Provisional Constitution shall continue to exercise the legislative powers granted them; not extending beyond the time limited by the Constitution of the Provisional Government.