Did the Confederate States of America Have a Written Constitution?

Yes, the Confederate States of America did have a written constitution. This constitution was adopted on March 11, 1861, in Montgomery, Alabama, during the Confederate Convention. It was largely based on the U.S. Constitution but included several key differences that reflected the Confederacy's emphasis on state rights and the institution of slavery.

Features of the Confederate Constitution

Some notable features of the Confederate Constitution included:

Emphasis on States' Rights: The Confederate Constitution explicitly affirmed the sovereignty of individual states and limited the powers of the central government. Protection of Slavery: It included provisions that protected the institution of slavery and prohibited any laws that would interfere with slavery. Presidential Term: The president of the Confederacy was to serve a single six-year term, unlike the four-year term in the U.S. Constitution. No Tariffs: The Confederate Constitution prohibited the imposition of tariffs on exports, reflecting the economic interests of the agrarian South.

The constitution provided a legal framework for the government during its existence from 1861 to 1865, although it was ultimately unsuccessful in establishing a lasting nation.

Comparison with the U.S. Constitution

While the Confederate Constitution closely resembled parts of the U.S. Constitution, there were significant differences. Large parts of the document repeated the U.S. Constitution verbatim. However, the Confederate Constitution incorporated the Bill of Rights into its body and had explicit and forceful protections for slavery, a feature not present in the U.S. Constitution. It also included the power to suppress insurrections and rebellions, which, as one wag noted, meant they were legally permitted to fight their own civil war at some point.

Creation and Background

Contrary to popular belief, the Confederate Constitution was not created from scratch. Rather, it was largely based on the U.S. Constitution. The Confederate Constitution was drafted at the Confederate Convention in Montgomery, Alabama, in February 1862. The convention was the meeting that created the Confederacy.

It is important to note that not all radical advocates of secession had the same vision. Radicals pushed for more significant changes, but the moderates recognized that such changes could alienate the 75% of Southern whites who owned no slaves, potentially destroying the Confederacy if angry and discontented.

Conclusion

The Confederate Constitution, while sharing many similarities with the U.S. Constitution, represented a significant shift in governance, emphasizing states' rights, the protection of slavery, and a longer presidential term, among other changes. Its existence provided a legal foundation for the Confederate government during its brief period of rule from 1861 to 1865.