News From Terre Haute, Indiana

Schools

March 10, 2010

BRUCE'S HISTORY LESSON: States secede, adopt Confederate Constitution

TERRE HAUTE — This week in 1861, the first seven states to secede from the Union and create a new confederacy adopted their own constitution. As it happened, four of the states that ratified this Permanent Constitution of the Confederate States of America — South Carolina, Georgia, Virginia and North Carolina — had previously ratified the Constitution of the United States of America in 1788.

The Confederate Constitution was both similar to, and different from, the U.S. Constitution. Chief among their differences was the balance of power between the national government and the states. As was true of America’s first national government, the Articles of Confederation, the new confederate constitution gave most power to the states, including the power to provide, or not provide, money and resources to the national government. The Founders had considered this among the Articles’ chief defects — financially it beggared the national government — and it was quickly corrected at the Constitutional Convention in 1787. Unsurprisingly, it would come back to haunt the Confederacy in the later years of the Civil War.

Another difference was a single six-year term for the Confederacy’s president and vice president, and — of course — a third difference was that the Confederate Constitution explicitly “recognized and protected” the institution of slavery.

But the similarities between the two constitutions are the most striking.

In language that was almost duplicative, the Confederate Constitution, just like the U.S. Constitution, provided that the federal government is “the Supreme Law of the Land,” and therefore binding on the states. Further, the Confederate Constitution, like the U.S. Constitution before it, denied states the right to enter into separate alliances, or make separate treaties, or generally act independently.

In other words, the seven states that had seceded from the country created by the U.S. Constitution approved a Confederate Constitution with the power to deny its member states the right to secede.

This, President Lincoln came to believe, was more than just hypocritical, it undermined their main rationale for leaving the Union. To Lincoln, the states that seceded did so because they believed the U.S. Constitution allowed them to secede. It was therefore incumbent upon them to decide whether or not to include that right in their own constitution. If they had included the right to secede, then they were admitting that each Confederate state had a right to secede again. But since they did not include that right, they were admitting in principle that the right to secede was not, nor should it have been, in the U.S. Constitution. 

To Lincoln that reaffirmed his conviction that the Confederate states had not legally left the Union but instead were in a state of rebellion. Guided by that conviction, he fought, and won, the Civil War.

Bruce G. Kauffmann’s e-mail address is bruce@historylessons.net.

Text Only | Photo Reprints
Schools
Latest News
Multimedia

Like us on Facebook!
Community Calendar
Loading…
Events by eviesays.com
TribStar.com Poll
Join the Conversation
Helium
Front page
AP Video
Raw Video: Biden Greets Chinese VP for Visit Authorities: Houston Found Underwater in Tub Whitney Houston Funeral to Be Invitation Only Raw Video: Heavy Shelling in Homs, Syria New Details in Search for Missing Utah Mom Bacteria Keep Swimmers Off Some Fla. Beaches Raw Video: 5 People Injured in Bangkok Blasts Trial Opens for Ala. Man in Bride's Diving Death Raw Video: Kim Jong Il Statue Unveiled Baltimore's 'Crime Stopper' Is a Basketball Star Raw Video: Hearse Arrives at N.J. Funeral Home Raw Video: Houston Body Flown From L.A. to N.J. Arm Wrestler Not Guilty Plea in Wife's Death Raw Video: Protesters, Security Clash in Bahrain Obama: Good US-China Ties Help the Whole World First Person: Westminster Kennel Club Dog Show School Pays Students to Attend Class And the Winner for Best Super Bowl Ad Is... Obama's New Budget: The Winners and Losers Raw Video: Whitney Houston's Last Performance
NDN Video
Kim K. Wet, Wild and Natural Ultimate Tazer Ball is a Shocking New Sport Shakira Attacked By Sea Lion Modern day treasure hunter searching for $3 billion prize What Happened Inside Whitney's Hotel Room? Saying 'I Love You' With a Sewage Plant Tour VS Models Wow for V-Day Olympic Swimmer Proposes on Podium After Big Win Kate Upton MLB 2K12 Commercial Watch: Whitney Houston's Golden Hearse Scarlett Johansson's Bikini P-D-A Man Allegedly Drowns Wife While Scuba Diving Glee Pays Tribute to Whitney Wash. becomes 7th state to okay same-sex marriage Romijn's 60 Pound Weight Loss The 'Celebrity Apprentice' Cast Meets Donald Trump Kissing contest heats up Hugh Hefner's Son Arrested Jacqueline Kennedy's personal papers released Did Tyler Perry Have a Secret Wedding?
Parade
Magazine

Click HERE to read all your Parade favorites including Hollywood Wire, Celebrity interviews and photo galleries, Food recipes and cooking tips, Games and lots more.
  • -

    March 12, 2010

activity
Real Estate News