|
The Constitution of the Confederate States of America was the supreme law of the Confederate States of America, as adopted on March 11, 1861, and in effect from February 22, 1862 through the conclusion of the American Civil War.〔Constitution of the Confederate States of America – Wikisource, the free online library. Retrieved July 10, 2013.〕 The Confederacy also operated under a Provisional Constitution from February 8, 1861 to February 22, 1862.〔Constitution of the Provisional Government of the Confederate States of America – Wikisource, the free online library. Retrieved July 10, 2013.〕 The original Provisional Constitution is currently located at the Museum of the Confederacy in Richmond, Virginia,〔(American Civil War :: Hargrett Rare Book & Manuscript Library :: University of Georgia Libraries ). Retrieved July 10, 2013.〕 and differs slightly from the version later adopted. The final, hand-written document is currently located in the University of Georgia archives at Athens, Georgia.〔 In regard to most articles of the Constitution, the document is a word-for-word duplicate of the United States Constitution. However, there are crucial differences between the two documents, in tone and legal content, primarily regarding slavery.〔〔(The United States Constitution – The U.S. Constitution Online – USConstitution.net ). Retrieved July 10, 2013.〕〔(Constitution of the Confederate States of America – what was changed? ). Retrieved July 10, 2013.〕 == 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 Confederate constitution's preamble includes references to a religious deity and perpetual government. * *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."〔Constitution of the Confederate States of America – Wikisource, the free online library. Retrieved July 10, 2013.〕 *Article I Section 2(3) is essentially the same. Although, the clause still only counts "three-fifths of all slaves"〔Constitution of the Confederate States of America – Wikisource, the free online library. Retrieved July 10, 2013.〕 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."〔(The United States Constitution – The U.S. Constitution Online – USConstitution.net ). Retrieved July 10, 2013.〕 *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."〔Constitution of the Confederate States of America – Wikisource, the free online library. Retrieved July 10, 2013.〕 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"〔Constitution of the Confederate States of America – Wikisource, the free online library. Retrieved July 10, 2013.〕 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:
*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 phrase "general Welfare" was dropped from the Confederate Clause as well.
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
::Article I Section 8(3) of the Confederate Constitution.
*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).〔Constitution of the Confederate States of America – Wikisource, the free online library. Retrieved July 10, 2013.〕〔(The United States Constitution – The U.S. Constitution Online – USConstitution.net ). Retrieved July 10, 2013.〕 In addition to these there are three altogether new clauses in the Confederate Constitution for Article I Section 9. *Article I, Section 9(9)
*Article I, Section 9(10)
*Article I, Section 9(20) was added to limit new bills to contain only one subject when presented.
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.
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)〔〔(The United States Constitution – The U.S. Constitution Online – USConstitution.net ). Retrieved July 10, 2013.〕 * Article II Section 1(7) of the Confederate Constitution 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"〔(The United States Constitution – The U.S. Constitution Online – USConstitution.net ). Retrieved July 10, 2013.〕 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"〔Constitution of the Confederate States of America – Wikisource, the free online library. Retrieved July 10, 2013.〕 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.
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.〔Constitution of the Confederate States of America – Wikisource, the free online library. Retrieved July 10, 2013.〕 Changes to Article VI *The Confederate Constitution adds a clause to aid with the transition from the provisional government.
* Amendments IX and X of the U.S. Constitution are added here as Article VI Section 1(5), and (6)〔Constitution of the Confederate States of America – Wikisource, the free online library. Retrieved July 10, 2013.〕〔(The United States Constitution – The U.S. Constitution Online – USConstitution.net ). Retrieved July 10, 2013.〕〔(The United States Constitution – The U.S. Constitution Online – USConstitution.net ). Retrieved July 10, 2013.〕 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.''〔Constitution of the Confederate States of America – Wikisource, the free online library. Retrieved July 10, 2013.〕 抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)』 ■ウィキペディアで「Confederate States Constitution」の詳細全文を読む スポンサード リンク
|