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

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dc.contributor.committeeMemberLence, Ross M.
dc.contributor.committeeMemberLutz, Donald S.
dc.contributor.committeeMemberJohnsen, Bredo C.
dc.creatorDe Rosa, Marshall Louis
dc.date.accessioned2023-02-02T20:49:25Z
dc.date.available2023-02-02T20:49:25Z
dc.date.copyright1988-08-24
dc.date.issued1987
dc.description.abstractThis 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.
dc.description.departmentPolitical Science, Department of
dc.format.digitalOriginreformatted digital
dc.format.mimetypeapplication/pdf
dc.identifier.other17571340
dc.identifier.urihttps://hdl.handle.net/10657/13749
dc.language.isoen
dc.rightsThis item is protected by copyright but is made available here under a claim of fair use (17 U.S.C. Section 107) for non-profit research and educational purposes. Users of this work assume the responsibility for determining copyright status prior to reusing, publishing, or reproducing this item for purposes other than what is allowed by fair use or other copyright exemptions. Any reuse of this item in excess of fair use or other copyright exemptions requires express permission of the copyright holder.
dc.subjectConstitutional law
dc.subjectConfederate States of America
dc.titleAn analysis of the Confederate States of America Constitution in contradistinction to the United States Constitution as explicated by Publius
dc.type.dcmiText
dc.type.genreThesis
dcterms.accessRightsThe full text of this item is not available at this time because it contains documents that are presumed to be under copyright and are accessible only to users who have an active CougarNet ID. This item will continue to be made available through interlibrary loan.
thesis.degree.collegeCollege of Social Sciences
thesis.degree.departmentPolitical Science, Department of
thesis.degree.disciplinePolitical Science
thesis.degree.grantorUniversity of Houston
thesis.degree.levelDoctoral
thesis.degree.nameDoctor of Philosophy

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