Abstract
This essay compares the Constitution of the Confederate States of America (C.S.A.) with the United States Constitution. Not much comparative work has been done on this subject, and the scholarship that does exist often uses a historical, rather than a political science, lens. Comparing the changes the C.S.A. Constitution makes to the U.S. Constitution allows for greater understanding of the strengths and weaknesses of the federal system established by the U.S. Constitution. This essay examines the C.S.A. Constitution’s revised preamble, the changes it makes to the structure of the government, and its additional protections of slavery to demonstrate that the C.S.A. Constitution is a pragmatic document chiefly characterized by its framers’ attempts to settle ongoing constitutional debates and fix perceived problems under the old constitution. While the C.S.A. Constitution cannot be admired for its promotion of slavery, this essay argues that it does present an alternative, though perhaps a shortsighted one, to the U.S. Constitution for how to establish a federal system of government.