Post by thor on Apr 23, 2024 21:45:09 GMT
You retard. Slavery was protected in their Constitution because of its value to them, dumbshit. Further, much of their Constitution was lifted from the Constitution of the USA, Stupid Boy. So they were not merely morally bankrupt, but intellectually as well.
Probably due to all the inbreeding.
They made few changes in their Constitution protecting slavery, while adding some radically different changes on other topics. By your idiotic "logic", each clause unrelated to slavery can be labelled as the South's cause, right?
Wanna watch me launch this moron's ass into orbit? Here goes:
Article I – The Legislature
1.1 CSA: All powers are “delegated” to the Central government.
1.1 US: All powers are “granted” to the Central government.
At law, what is ‘granted’ is gone; what is ‘delegated’ is on a leash and can be taken back at any time, for any reason. Granted powers are to the grantor lost because granted powers embed sovereignty in the recipient. The recipient now owns the granted powers. Therefore, the 1787 Constitution created not only an umbrella Central Government but an entirely New Sovereign Government, a distinct and separate government from the States, one that with the usual behaviours of human nature will engage in conflicts with the States till the country ended in Nationalism.
In contrast, delegated powers create a Central Government on a leash, a true Federal government that precludes the creation of a National, consolidated government. “Dual sovereignty”, the curse of common sense and human pursuits, is gone. Questions of who has power to do what is distinctly settled.
The CSA foundational belief of government is sovereignty resides first within each individual, parcel to our creation by our Creator. It is always personal and must never be yielded nor divided. Sovereignty is the creator of identity. It is independent, raw power: your power to be you, mine to be me and ours to be us. See: www.abbevilleinstitute.org/blog/understanding-jefferson-and-sovereignty/
1.2.1 CSA: “… electors (voters) in each State shall be citizens of the Confederate States … no person of foreign birth, not a citizen of the Confederate States, shall be allowed to vote for any officer, civil or political, State or Federal.”
1.2.1 US: Qualifications for voters were left to the States to decide so long as they were the same for both State and national elections.
The CSA had seen the manipulations of politicians to stuff ballot boxes, especially with new immigrants to America. The CSA was for cultural assimilation before you could vote. An individual must be a citizen of its own State and the Central government to vote.
Some argue this is splitting sovereignty from CSA States. Yet it grants no power to the Central government. Rather it is a vigilant guard against the political greed of professional politicians.
1.2.5 CSA: “The House of Representatives … shall have the sole power of impeachment except any judicial or other Federal officer, resident and acting solely within the limits of any State, may be impeached by a vote of two-thirds of both branches of the (State’s) Legislature …”
US: Does Not Exist
A State’s use of impeachment power against a Central government official residing and acting solely within that State’s borders is a newly expressed American constitutional power. It again demonstrates the CSA honoring the sovereignty of the peoples in every State.
1.6.2 CSA: Congress may pass legislation granting “the principal officer in each executive department” a seat on the floor of both Houses, with the privilege of discussing any measures pertaining to his department.
US: Does Not Exist
A move toward parliamentary government. Pushed by Alexander Stephens and directly taken by him from British parliamentary procedure, Stephens hoped to provide clarity and immediacy to communications between the Executive and Legislative branches.
1.7.2 CSA: The President has Line-item veto in all appropriation bills. A two-thirds vote in both the House and Senate overturns the veto.
US: Does Not Exist
Meant to provide greater accountability from the President and put Congressional spending on a tighter leash.
1.8.1 and 1.8.3 are Anti-Mercantilist Clauses, that is, the CSA was anti-corporate welfare. The US Constitution does not express support or negation of any particular economic policy.
1.8.1 CSA: Congress has power “… to lay and collect taxes, imposts and excises for revenue necessary to pay the debts, provide for the common defense, and carry on the Government of the Confederate States …
US: Does Not Exist
“Revenue necessary” is a limiting clause requiring the government to be frugal and not financially expansive. It heralds financial accountability.
The General Welfare Clause is again eliminated (as in the Preamble) and substituted with “…to carry on the Government of the Confederate States”. The CSA Founders meant to restrain Congress’s urge and imagination for spending to expand and preserve political clout. Hamilton had argued the General Welfare Clause allows the Central Congress to allocate monies to any endeavor they believe is worth the money. For a politician, especially the professionals, that’s Nirvana.
1.8.1 CSA: “… no bounties … shall be granted from the Treasury…”
US: Does Not Exist
No subsidies to special interests, commercial or private.
1.8.1 CSA: No duties or taxes on importations from foreign nations to “promote or foster any branch of industry”.
US: Does Not Exist
Low tariffs are mandatory. No commercial or private protectionism. When the CSA Constitution was broadcast in mid-March, 1861, this was the flare that a Tariff War would begin affecting ports and markets from Boston to New Orleans. Northern newspapers with half an economic brain saw clearly the depressive financial impact this would bring to the North. Once friendly newspapers urging the Republican Party not to wage war, now began to demand invasion.
1.8.3 CSA: “To regulate commerce with foreign nations and among the several States …; but neither this, nor any other clause contained in the Constitution shall ever be construed to delegate the power to Congress to appropriate money for any internal improvement intended to facilitate commerce” except along waterways and harbors. Taxes will be laid on businesses using these improvements “to pay costs and expenses”.
1.8 US: Granted Congress power to regulate commerce with foreign nations and among the several States. It did not grant Congress power to finance internal improvements.
A Constitutional command that the CSA Congress and Courts refrain from expansive commercial interpretations. No Corporate welfare. No Internal Improvements except for waterways and harbors but these to be re-paid through taxation on the businesses using the facilities and improvements.
The US Constitutional command is only that the US Congress set regulations for foreign or domestic commerce. There is no command forbidding “internal improvements”. The absence of such a command, left to reside in the memory of the 1787 participants, provided the field for severe contention between North and South from our onset in 1789.
1.8.4 CSA: “To establish … uniform laws of … bankruptcies … but no law of Congress shall discharge any debt contracted before the passage of the same.”
1.8 US: Required uniform laws of bankruptcy but no prohibition against discharge centered on the time a debt is incurred.
The CSA command that discharge of bankruptcies will apply only to debts incurred after passage of the applicable Congressional statutes is new. This makes commercial and governmental contracts more honest: they could depend less on the shield of political favor because no debt can be forgiven retroactively.
1.8.7 USA: “… the expenses of the Post Office Department, after” March 1, 1863 shall be paid out of its own revenues.”
US: Does Not Exist.
Today we may only understand this as a measure to control postal spending. The CSA Founders meant much more. They wanted to be done with the endless funnel of money into the US Post Office to cradle the cost of political and corporate advertisements. It was and is still today common to use Post Office subsidies to lessen the postal cost of business and political activity. As example, in the Georgia Declaration of Secession, January 29, 1861: “These interests, in connection with the commercial and manufacturing classes, have also succeeded, by means of subventions to mail steamers and the reduction in postage, in relieving their business from the payment of about $7,000,000 annually, throwing it upon the public Treasury under the name of postal deficiency.”
1.9.6 CSA: A tax or duty may be laid on exports if two-thirds of both Houses approve.
1.9 US: Explicitly denies power to tax or place a duty on exports.
The CSA adopts Madison’s supermajority proposal on Export Taxation refused by the US Founders in 1787.
1.9.9 CSA: All monies appropriated by Congress shall be by a vote of two-thirds in each House EXCEPT a) if the monies have been requested by the President, b) the Congress is paying its own expenses, or c) the government is paying claims adjudicated against the Confederacy.
US: Does Not Exist. Appropriation bills begin only in Congress and their approval are assumed to be by majority.
While the CSA allowed passage of appropriation bills by majority if offered by the President, it upped the approval barrier for appropriations begun in Congress, a severe restraint on Congress using public monies for private or political gains. This CSA preference for Presidential proposals looks to more effective administration and governmental accountability.
1.9.10 CSA: Appropriation bills must specify its exact amount and purpose. “… no extra compensation to any public contractor, officer, agent or servant after such contract shall have been made or service rendered”.
US: Does Not Exist
The CSA’s continued concern for fiscal responsibility: a constitutional prohibition voiding all Overruns on any Central government contract, whether only just signed, still in progress or the work already completed.
1.9.12 -1.9.19 are the first 8 US amendments, unchanged
1.9.20 CSA: “Every law, or resolution having the force of law, shall relate to but one subject, and that shall be expressed in the title”.
US: Does Not Exist.
Forbids Omnibus bills. Forbids logrolling. Forbids pork barreling.
Article II – The Executive
2.1.1 CSA: A President shall hold office for one (1) six (6) year term. Not eligible for a 2nd term – ever.
2.1 US: Allows a 4-year term with no prohibition for succeeding terms anytime into the future. For example, Grover Cleveland had two terms but they were not in succession (1885 – 1889 and 1893 – 1897).
Like the US Founders, the CSA loathed party politics. Here the CSA Founders attempted to piecemeal political power so it cannot aggrandize perennially but conform to the changing tide of political opinion. While the term of office was extended, no further term is allowed – ever. The CSA meant to diminish the impact of a President’s political machinery. It is a constitutional move against political parties.
2.1.4 CSA: Someone ineligible to be President is ineligible to be Vice President.
US: Does Not Exist.
The CSA Founders understood that one way to discipline Presidents is to forbid their presence near that office again.
2.2.3 CSA: The President may remove executive department heads and diplomats at will. Other civil officers only when their services are “unnecessary, or for dishonesty, incapacity, inefficiency, misconduct or neglect of duty.” These must be reported to the Senate with explanations.
US: Does Not Exist
A constitutional step toward a Civil Service. Civil Service would not begin in the US until 1883 under President Arthur.
2.2.4 CSA: The President may not appoint anyone to a national position during the Senate’s recess if already rejected by the Senate for that same office.
2.2 US: The President may grant a recess appointment even though the Senate while in session had rejected the appointee.
The CSA change strengthens the control of Congress over Presidential appointments requiring legislative approval.
Article III – The Judiciary
3.1.1 The CSA and the US set up identical constitutional mandates for a Supreme Court and lower Central government courts. But the politics played out differently.
Despite the power to establish a Supreme Court, the CSA never established a Supreme Court. CSA District courts were established within the same geographic boundaries as the US courts had been.. A distrust of courts as undemocratic institutions, rooted in Jefferson’s belief that courts too often were “sappers” usurping power from the people, was too great.
The sticking point was CSA review of State courts, in particular, CSA appellate review of State Supreme Courts. A CSA Supreme Court could easily violate State sovereignty as the US Supreme Court had already.
3.2.1 CSA: The judicial power does not extend to cases in Equity.
3.2.1 US: The judicial power extended to both law and equity.
Equity originated in Church law (Chancery courts) to counter the harshness of civil law. Equity today is most often written into the law statutes themselves and in rules of procedure as extraordinary remedies in particular cases. This merging had begun before 1860.
The CSA Founders understood equity was a way for courts to expand law statutes beyond the intent of a legislature and beyond the wishes of the people. “The Court of Chancery was traditionally a court of conscience, applying principles which were regarded as having an ultimate origin in the law of nature – … In giving wider scope to equitable principles, they were also applying principles of public utility or social policy, founded upon the protection of natural rights”. George W. Keeton in English Law, The Judicial Contribution, David & Charles, Newton Abbot, Great Britain,1974, p. 113. By refusing equity law in the Central government’s courts, the CSA was restricting the already evident power in US courts to do as they thought best for society.
It’s important to realize this CSA mandate did not terminate equity in State courts. Rather the “conscience of the people of a State” was preserved to them. The people of Georgia might not wish what the people of Texas might. The people of a State would decide their conscience before the world and their decision becomes inviolate.
3.2.1 CSA: The CSA judicial power does not extend to a lawsuit between a State and citizens of another State unless a State is the plaintiff …
US: The US judicial power does not extend in any suit in law or equity begun by citizens of another State or subject of a foreign State.
CSA 3.2.1 is an amalgam of US 3.2.1 and the US 11th Amendment. It adds that the CSA courts can hear cases where a State is a plaintiff against an out-of-State defendant. It’s a recognition that States can be prejudiced against outsiders. It was a move to enhance judicial fairness.
Article IV – The States
4.3.1 CSA: “Other States may be admitted into this Confederacy by a vote of 2/3 of the whole House of Representatives and 2/3 of the Senate, the Senate voting by States …”
4.3 US: Does not specify a numerical vote.
The CSA was protecting cultural and economic harmony. It recognized times change and social orders can fluctuate. But it also understood that there must be a protected common ground of culture and centering personal and public courtesies. So the vote to bring a new State into the CSA requires a higher threshold than a mere majority as the US allowed.
Article V – Amendments
5.1.1 CSA: The General Congress on the demand of any three (3) States must summon a Constitutional Convention. The Congress cannot call a Convention on itsown. The Constitutional Convention must vote, one vote for each State, on only the amendments the demanding States sent to Congress. A majority vote sends the amendments to the peoples of the States. Two thirds (2/3) of the States must approve by a majority vote in their legislatures or by their People in Convention, whichever method is required by the Constitutional Convention.
5.0 US: The General Congress must call a Constitutional Convention when two thirds (2/3) of both Houses deem it necessary, or if two-thirds (2/3) of the States call for a Convention. Proposed amendments are made for the first time in the Convention. Amendments are ratified by either a three-fourths (3/4) vote of the legislatures of theStates in the Convention or three-fourths (3/4) vote of States using the People in Convention procedure, whichever mode is approved by the General Legislature.
The CSA requires only 3 States (less than 1/2), not two-thirds of the States, to begin a Constitutional Convention on already specified amendments. The CSA Congress must call for a Convention and the Convention cannot itself bring forth additional amendments. At the Convention a majority vote sends the proposed amendments to the States. Two-thirds of the States must approve for an amendment to become law. Their approval must be by a majority vote in the State legislatures or by the People in Convention whichever procedure the Constitutional Convention calls for.
The CSA Amendment process is far more responsive to the States and is run by the States. It is conducive to relieving problems before they bloom into unbearable and unmanageable crises. It provides a constitutional platform to discuss, argue and solve societal pressures long before they’ve become political monsters.
This is one of two essential changes; the other is the locus of sovereignty.
Article VI – The Confederacy
6.5 CSA: “The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people of the several States.”
6.6 CSA: “The powers not delegated to the Confederate States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people thereof.”
These are the US 9th and 10th Amendments with additions shown in emphasis. The additions make explicit, again, that sovereignty resides in the people of each State exclusively – not in an amorphous “We, the People”.
1.1 CSA: All powers are “delegated” to the Central government.
1.1 US: All powers are “granted” to the Central government.
At law, what is ‘granted’ is gone; what is ‘delegated’ is on a leash and can be taken back at any time, for any reason. Granted powers are to the grantor lost because granted powers embed sovereignty in the recipient. The recipient now owns the granted powers. Therefore, the 1787 Constitution created not only an umbrella Central Government but an entirely New Sovereign Government, a distinct and separate government from the States, one that with the usual behaviours of human nature will engage in conflicts with the States till the country ended in Nationalism.
In contrast, delegated powers create a Central Government on a leash, a true Federal government that precludes the creation of a National, consolidated government. “Dual sovereignty”, the curse of common sense and human pursuits, is gone. Questions of who has power to do what is distinctly settled.
The CSA foundational belief of government is sovereignty resides first within each individual, parcel to our creation by our Creator. It is always personal and must never be yielded nor divided. Sovereignty is the creator of identity. It is independent, raw power: your power to be you, mine to be me and ours to be us. See: www.abbevilleinstitute.org/blog/understanding-jefferson-and-sovereignty/
1.2.1 CSA: “… electors (voters) in each State shall be citizens of the Confederate States … no person of foreign birth, not a citizen of the Confederate States, shall be allowed to vote for any officer, civil or political, State or Federal.”
1.2.1 US: Qualifications for voters were left to the States to decide so long as they were the same for both State and national elections.
The CSA had seen the manipulations of politicians to stuff ballot boxes, especially with new immigrants to America. The CSA was for cultural assimilation before you could vote. An individual must be a citizen of its own State and the Central government to vote.
Some argue this is splitting sovereignty from CSA States. Yet it grants no power to the Central government. Rather it is a vigilant guard against the political greed of professional politicians.
1.2.5 CSA: “The House of Representatives … shall have the sole power of impeachment except any judicial or other Federal officer, resident and acting solely within the limits of any State, may be impeached by a vote of two-thirds of both branches of the (State’s) Legislature …”
US: Does Not Exist
A State’s use of impeachment power against a Central government official residing and acting solely within that State’s borders is a newly expressed American constitutional power. It again demonstrates the CSA honoring the sovereignty of the peoples in every State.
1.6.2 CSA: Congress may pass legislation granting “the principal officer in each executive department” a seat on the floor of both Houses, with the privilege of discussing any measures pertaining to his department.
US: Does Not Exist
A move toward parliamentary government. Pushed by Alexander Stephens and directly taken by him from British parliamentary procedure, Stephens hoped to provide clarity and immediacy to communications between the Executive and Legislative branches.
1.7.2 CSA: The President has Line-item veto in all appropriation bills. A two-thirds vote in both the House and Senate overturns the veto.
US: Does Not Exist
Meant to provide greater accountability from the President and put Congressional spending on a tighter leash.
1.8.1 and 1.8.3 are Anti-Mercantilist Clauses, that is, the CSA was anti-corporate welfare. The US Constitution does not express support or negation of any particular economic policy.
1.8.1 CSA: Congress has power “… to lay and collect taxes, imposts and excises for revenue necessary to pay the debts, provide for the common defense, and carry on the Government of the Confederate States …
US: Does Not Exist
“Revenue necessary” is a limiting clause requiring the government to be frugal and not financially expansive. It heralds financial accountability.
The General Welfare Clause is again eliminated (as in the Preamble) and substituted with “…to carry on the Government of the Confederate States”. The CSA Founders meant to restrain Congress’s urge and imagination for spending to expand and preserve political clout. Hamilton had argued the General Welfare Clause allows the Central Congress to allocate monies to any endeavor they believe is worth the money. For a politician, especially the professionals, that’s Nirvana.
1.8.1 CSA: “… no bounties … shall be granted from the Treasury…”
US: Does Not Exist
No subsidies to special interests, commercial or private.
1.8.1 CSA: No duties or taxes on importations from foreign nations to “promote or foster any branch of industry”.
US: Does Not Exist
Low tariffs are mandatory. No commercial or private protectionism. When the CSA Constitution was broadcast in mid-March, 1861, this was the flare that a Tariff War would begin affecting ports and markets from Boston to New Orleans. Northern newspapers with half an economic brain saw clearly the depressive financial impact this would bring to the North. Once friendly newspapers urging the Republican Party not to wage war, now began to demand invasion.
1.8.3 CSA: “To regulate commerce with foreign nations and among the several States …; but neither this, nor any other clause contained in the Constitution shall ever be construed to delegate the power to Congress to appropriate money for any internal improvement intended to facilitate commerce” except along waterways and harbors. Taxes will be laid on businesses using these improvements “to pay costs and expenses”.
1.8 US: Granted Congress power to regulate commerce with foreign nations and among the several States. It did not grant Congress power to finance internal improvements.
A Constitutional command that the CSA Congress and Courts refrain from expansive commercial interpretations. No Corporate welfare. No Internal Improvements except for waterways and harbors but these to be re-paid through taxation on the businesses using the facilities and improvements.
The US Constitutional command is only that the US Congress set regulations for foreign or domestic commerce. There is no command forbidding “internal improvements”. The absence of such a command, left to reside in the memory of the 1787 participants, provided the field for severe contention between North and South from our onset in 1789.
1.8.4 CSA: “To establish … uniform laws of … bankruptcies … but no law of Congress shall discharge any debt contracted before the passage of the same.”
1.8 US: Required uniform laws of bankruptcy but no prohibition against discharge centered on the time a debt is incurred.
The CSA command that discharge of bankruptcies will apply only to debts incurred after passage of the applicable Congressional statutes is new. This makes commercial and governmental contracts more honest: they could depend less on the shield of political favor because no debt can be forgiven retroactively.
1.8.7 USA: “… the expenses of the Post Office Department, after” March 1, 1863 shall be paid out of its own revenues.”
US: Does Not Exist.
Today we may only understand this as a measure to control postal spending. The CSA Founders meant much more. They wanted to be done with the endless funnel of money into the US Post Office to cradle the cost of political and corporate advertisements. It was and is still today common to use Post Office subsidies to lessen the postal cost of business and political activity. As example, in the Georgia Declaration of Secession, January 29, 1861: “These interests, in connection with the commercial and manufacturing classes, have also succeeded, by means of subventions to mail steamers and the reduction in postage, in relieving their business from the payment of about $7,000,000 annually, throwing it upon the public Treasury under the name of postal deficiency.”
1.9.6 CSA: A tax or duty may be laid on exports if two-thirds of both Houses approve.
1.9 US: Explicitly denies power to tax or place a duty on exports.
The CSA adopts Madison’s supermajority proposal on Export Taxation refused by the US Founders in 1787.
1.9.9 CSA: All monies appropriated by Congress shall be by a vote of two-thirds in each House EXCEPT a) if the monies have been requested by the President, b) the Congress is paying its own expenses, or c) the government is paying claims adjudicated against the Confederacy.
US: Does Not Exist. Appropriation bills begin only in Congress and their approval are assumed to be by majority.
While the CSA allowed passage of appropriation bills by majority if offered by the President, it upped the approval barrier for appropriations begun in Congress, a severe restraint on Congress using public monies for private or political gains. This CSA preference for Presidential proposals looks to more effective administration and governmental accountability.
1.9.10 CSA: Appropriation bills must specify its exact amount and purpose. “… no extra compensation to any public contractor, officer, agent or servant after such contract shall have been made or service rendered”.
US: Does Not Exist
The CSA’s continued concern for fiscal responsibility: a constitutional prohibition voiding all Overruns on any Central government contract, whether only just signed, still in progress or the work already completed.
1.9.12 -1.9.19 are the first 8 US amendments, unchanged
1.9.20 CSA: “Every law, or resolution having the force of law, shall relate to but one subject, and that shall be expressed in the title”.
US: Does Not Exist.
Forbids Omnibus bills. Forbids logrolling. Forbids pork barreling.
Article II – The Executive
2.1.1 CSA: A President shall hold office for one (1) six (6) year term. Not eligible for a 2nd term – ever.
2.1 US: Allows a 4-year term with no prohibition for succeeding terms anytime into the future. For example, Grover Cleveland had two terms but they were not in succession (1885 – 1889 and 1893 – 1897).
Like the US Founders, the CSA loathed party politics. Here the CSA Founders attempted to piecemeal political power so it cannot aggrandize perennially but conform to the changing tide of political opinion. While the term of office was extended, no further term is allowed – ever. The CSA meant to diminish the impact of a President’s political machinery. It is a constitutional move against political parties.
2.1.4 CSA: Someone ineligible to be President is ineligible to be Vice President.
US: Does Not Exist.
The CSA Founders understood that one way to discipline Presidents is to forbid their presence near that office again.
2.2.3 CSA: The President may remove executive department heads and diplomats at will. Other civil officers only when their services are “unnecessary, or for dishonesty, incapacity, inefficiency, misconduct or neglect of duty.” These must be reported to the Senate with explanations.
US: Does Not Exist
A constitutional step toward a Civil Service. Civil Service would not begin in the US until 1883 under President Arthur.
2.2.4 CSA: The President may not appoint anyone to a national position during the Senate’s recess if already rejected by the Senate for that same office.
2.2 US: The President may grant a recess appointment even though the Senate while in session had rejected the appointee.
The CSA change strengthens the control of Congress over Presidential appointments requiring legislative approval.
Article III – The Judiciary
3.1.1 The CSA and the US set up identical constitutional mandates for a Supreme Court and lower Central government courts. But the politics played out differently.
Despite the power to establish a Supreme Court, the CSA never established a Supreme Court. CSA District courts were established within the same geographic boundaries as the US courts had been.. A distrust of courts as undemocratic institutions, rooted in Jefferson’s belief that courts too often were “sappers” usurping power from the people, was too great.
The sticking point was CSA review of State courts, in particular, CSA appellate review of State Supreme Courts. A CSA Supreme Court could easily violate State sovereignty as the US Supreme Court had already.
3.2.1 CSA: The judicial power does not extend to cases in Equity.
3.2.1 US: The judicial power extended to both law and equity.
Equity originated in Church law (Chancery courts) to counter the harshness of civil law. Equity today is most often written into the law statutes themselves and in rules of procedure as extraordinary remedies in particular cases. This merging had begun before 1860.
The CSA Founders understood equity was a way for courts to expand law statutes beyond the intent of a legislature and beyond the wishes of the people. “The Court of Chancery was traditionally a court of conscience, applying principles which were regarded as having an ultimate origin in the law of nature – … In giving wider scope to equitable principles, they were also applying principles of public utility or social policy, founded upon the protection of natural rights”. George W. Keeton in English Law, The Judicial Contribution, David & Charles, Newton Abbot, Great Britain,1974, p. 113. By refusing equity law in the Central government’s courts, the CSA was restricting the already evident power in US courts to do as they thought best for society.
It’s important to realize this CSA mandate did not terminate equity in State courts. Rather the “conscience of the people of a State” was preserved to them. The people of Georgia might not wish what the people of Texas might. The people of a State would decide their conscience before the world and their decision becomes inviolate.
3.2.1 CSA: The CSA judicial power does not extend to a lawsuit between a State and citizens of another State unless a State is the plaintiff …
US: The US judicial power does not extend in any suit in law or equity begun by citizens of another State or subject of a foreign State.
CSA 3.2.1 is an amalgam of US 3.2.1 and the US 11th Amendment. It adds that the CSA courts can hear cases where a State is a plaintiff against an out-of-State defendant. It’s a recognition that States can be prejudiced against outsiders. It was a move to enhance judicial fairness.
Article IV – The States
4.3.1 CSA: “Other States may be admitted into this Confederacy by a vote of 2/3 of the whole House of Representatives and 2/3 of the Senate, the Senate voting by States …”
4.3 US: Does not specify a numerical vote.
The CSA was protecting cultural and economic harmony. It recognized times change and social orders can fluctuate. But it also understood that there must be a protected common ground of culture and centering personal and public courtesies. So the vote to bring a new State into the CSA requires a higher threshold than a mere majority as the US allowed.
Article V – Amendments
5.1.1 CSA: The General Congress on the demand of any three (3) States must summon a Constitutional Convention. The Congress cannot call a Convention on itsown. The Constitutional Convention must vote, one vote for each State, on only the amendments the demanding States sent to Congress. A majority vote sends the amendments to the peoples of the States. Two thirds (2/3) of the States must approve by a majority vote in their legislatures or by their People in Convention, whichever method is required by the Constitutional Convention.
5.0 US: The General Congress must call a Constitutional Convention when two thirds (2/3) of both Houses deem it necessary, or if two-thirds (2/3) of the States call for a Convention. Proposed amendments are made for the first time in the Convention. Amendments are ratified by either a three-fourths (3/4) vote of the legislatures of theStates in the Convention or three-fourths (3/4) vote of States using the People in Convention procedure, whichever mode is approved by the General Legislature.
The CSA requires only 3 States (less than 1/2), not two-thirds of the States, to begin a Constitutional Convention on already specified amendments. The CSA Congress must call for a Convention and the Convention cannot itself bring forth additional amendments. At the Convention a majority vote sends the proposed amendments to the States. Two-thirds of the States must approve for an amendment to become law. Their approval must be by a majority vote in the State legislatures or by the People in Convention whichever procedure the Constitutional Convention calls for.
The CSA Amendment process is far more responsive to the States and is run by the States. It is conducive to relieving problems before they bloom into unbearable and unmanageable crises. It provides a constitutional platform to discuss, argue and solve societal pressures long before they’ve become political monsters.
This is one of two essential changes; the other is the locus of sovereignty.
Article VI – The Confederacy
6.5 CSA: “The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people of the several States.”
6.6 CSA: “The powers not delegated to the Confederate States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people thereof.”
These are the US 9th and 10th Amendments with additions shown in emphasis. The additions make explicit, again, that sovereignty resides in the people of each State exclusively – not in an amorphous “We, the People”.
Embarrassed after getting his ass kicking, Paleo tries to omit the slavery bits.....and fails harder than Lee at Gettysburg.
Paleo at the plate: