The (Failed?) Confederate Constitution: A Comparative Study.

This paper intends to examine the Constitution of the Confederate States of America critically to assess its merits and demerits. The purpose of this paper is not to evaluate the C.S.A. Constitution or its framers in regard to slavery. Clearly, by refusing to recognize the injustice of slavery and the Declaration's assertion that "all men are created equal," the C.S.A. Constitution cannot be admired. However, in its changes to the basic structure of the federal government, the C.S.A. Constitution might provide actual and perhaps even preferable alternatives to the form of government established by U.S. Constitution. Jefferson Davis asserted that the C.S.A. Constitution was a light which revealed the "true meaning" of the founding fathers.1 This paper will assess Davis's claim. It will do so primarily by comparing the preambles of each Constitution and the supporting documents which help to explain the essential purposes of government therein stated (e.g., the Declaration of Independence, the Federalist papers, Alexander Stephens's "Corner-Stone" speech). Such analysis will indicate that Davis is incorrect; the C.S.A. Constitution does not represent what the founding fathers intended in the original U.S. Constitution; the preambles establish different visions of the federal government. Even though the C.S.A. Constitution does not appear to embody the "true meaning" of the founding fathers, nevertheless the ways in which it diverges from the U.S. Constitution deserve attention. These changes will be evaluated to discern whether they either improve upon or adulterate the U.S. Constitution. [ABSTRACT FROM AUTHOR]