ESSAY ON THE AMERICAS

 

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Essay on The Confederate Constitution vs. The United States Constitution

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Essay on The Confederate Constitution vs. The United States Constitution

The states that left the American Union in 1860 and 1861 brought with them a rich tradition of constitutionalism. Many Southern Leaders explained their support for secession in terms of the failure of the Federal compact. Most blamed Northerners for failing to live up to their obligations, although some thought it was structural flaws in the U.S. Constitution that made secession necessary.

The Provisional Constitution of the Confederate States of America signed on February 8, 1861, created a compact among six Deep South states. The Permanent Confederate Constitution, signed on March 11, 1861, created a political structure for what became the eleven-state Confederate nation. Both documents were similar to the U.S. Constitution. The differences between the two reflected the political struggles that had led to secession.

On February 4, 1861, forty-three delegates from South Carolina, Alabama, Mississippi, Georgia, Florida, and Louisiana assembled in Montgomery, Alabama, to write a provisional constitution for the Confederate States of America. The convention finished its work four days later. Such speed was possible because of the "mania for unanimity" among the delegates and because the Provisional Constitution was something of a cross between the Articles of Confederation and the U.S. Constitution and borrowed heavily, in language and concepts, from both documents. Like the Articles of Confederation, the Provisional Constitution created a unicameral Congress in which each state had a single vote. Borrowing from the British system, the Provisional Constitution allowed cabinet members to serve in Congress and stipulated that Congress choose the president. Like the Constitution of 1787, it provided for a president with a veto power and enumerated powers for the Confederate Congress similar to those given to the U.S. Congress. There were also a number of substantive differences between the Provisional Confederate Constitution and the Constitution of 1787..............

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