Confederate Constitution vs. Union Constitution — What's the Difference?

The Confederate Constitution, adopted in 1861 by the secessionist states, was largely based on the U.S. Constitution but with significant amendments to strengthen states' rights and explicitly safeguard slavery. It aimed to preserve the institution of slavery as a foundational economic and social principle. In contrast, the Constitution of the United States, particularly through amendments during and after the Civil War, moved to abolish slavery and reinforce federal authority, reflecting the Union's commitment to national unity and human rights.

A key difference lies in the explicit mention of slavery in the Confederate Constitution, which protected slaveholders' rights and prohibited any legislation that would hinder this institution. This contrasts with the U.S. Constitution, which, through its 13th, 14th, and 15th Amendments, abolished slavery, granted citizenship regardless of race, and protected voting rights, respectively, fundamentally altering the nation's legal landscape in favor of civil rights and equality.

The Confederate Constitution also sought to enhance states' sovereignty, limiting the central government's power in areas such as infrastructure spending and trade regulation. It allowed states to enact laws that were in their own interests, even if at odds with the interests of the nation as a whole. The Union Constitution, especially through subsequent amendments and Supreme Court rulings, emphasized a stronger federal government with the authority to regulate interstate commerce, levy taxes, and provide for the national defense.

Furthermore, the Confederate document contained clauses aimed at preventing the enactment of protective tariffs and made it easier for states to express their sovereignty, such as by giving them the explicit right to impeach federal officials operating within their borders. The U.S. Constitution, conversely, vested significant powers in the federal government to impose tariffs and other measures to protect and encourage American industry and commerce.

The Confederate Constitution included provisions to limit the presidency to a single six-year term, reflecting a distinct approach to executive power, while the U.S. Constitution initially did not limit presidential terms. This changed with the 22nd Amendment, which imposed a two-term limit, a reaction to Franklin D. Roosevelt's four terms but unrelated to Confederate influence.