An analysis of the Confederate States of America Constitution in contradistinction to the United States Constitution as explicated by Publius

Date

1987

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Abstract

This dissertation is an analysis of the distinctive constitutional principles adhered to by the Confederate States of America (1861-1865) in contradistinction to the United States Constitution as explicated by Publius. The basic distinguishing characteristics of the Confederate Constitution vis-a-vis the U.S. Constitution are threefold. Firstly, the status of sovereignty within the context of federalism, secondly, the application of a national bill of rights, and, thirdly, the institutional checks and balances distinguish the Confederate from the U.S. Constitution. The first characteristic (state sovereignty within the context of federalism) was the primary concern of the Confederate Framers, while the latter two (the Confederate Bill of Rights and institutional innovations) were utilized to achieve the former. Thus, this research has analyzed the Confederate and Publian models of federalism, as structured through their respective constitutions, in regard to these characteristics. The research concludes that within the context of federalism the Publian model is premised not necessarily upon the consent of the States, but upon a national numerical majority, derived from the national community possessing the constitutional authority to coerce non-complying States to comply with national policies. The Confederate model, however, ensures that State consent is a precondition to State compliance with the central government's policies, by significantly limiting the latter's constitutional prerogatives and securing that of the former through state sovereignty.

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Keywords

Constitutional law, Confederate States of America

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