Confederate Article Invalidates State Law: What's The Verdict?

The Confederate Constitution, which was adopted by the Confederate States of America, includes a number of articles that clarify ambiguities in the US Constitution. One such article declares that a national convention can only propose amendments that are suggested by state conventions, rather than having the authority to amend the entire Constitution. Another article states that no state shall enter into any treaty, alliance, or confederation, or pass any law impairing the obligation of contracts. The Confederate Constitution also includes provisions for the transition from the provisional government, stating that all laws passed by the latter shall remain in force until repealed or modified.

The Confederate Constitution's Article VI Section 1(1)

This article clarifies an ambiguity in the U.S. Constitution's Article V, which states that a national convention can propose amendments that are suggested by state conventions. The Confederate Constitution specifies that a national convention can only propose amendments that are suggested by state conventions, not amend the entire Constitution.

The Confederate Constitution also includes a clause that prohibits states from entering into any treaty, alliance, or confederation (Article I Section 10(1)). This is similar to the U.S. Constitution's Article I Section 10, which states that no state shall enter into any treaty, alliance, or confederation.

The U.S. Constitution's Article I Section 10

The Confederate Constitution aimed to clarify an ambiguity in the U.S. Constitution's Article V, declaring that a national convention could only propose amendments suggested by state conventions. It also eased the process of amendment by requiring only two-thirds of states to ratify, rather than three-fourths.

The Confederate Constitution included a clause to aid the transition from the provisional government, stating that the new government would be the successor of the Provisional Government of the Confederate States of America, and all laws passed by the latter would remain in force until repealed or modified.

The Contracts Clause

The Confederate Constitution, which was adopted by the Confederate States of America during the Civil War, included a similar provision. Article I, Section 10(1) of the Confederate Constitution prohibited states from passing any law "impairing the obligation of contracts". This provision was intended to protect the rights of individuals and businesses in the Confederate States and to promote economic stability within the Confederacy.

However, the Confederate Constitution also included a clause that allowed for the transition from the provisional government. This clause, known as Article VI Section 1 (1), stated that all laws passed by the provisional government would remain in force until they were repealed or modified. This meant that the Confederate Constitution effectively gave the provisional government the power to declare state laws invalid if they conflicted with federal law.

Overall, the Contracts Clause in the U.S. Constitution and the similar provision in the Confederate Constitution were designed to protect the integrity of contracts and ensure that individuals and businesses could rely on the terms agreed upon. By prohibiting states from passing laws that would interfere with the enforcement of contracts, these provisions helped to promote economic stability and protect the rights of contract holders.

The Confederate Constitution's Article V

The Confederate Constitution clarified an ambiguity in the U.S. Constitution's Article V by declaring that a national convention could propose only amendments that were suggested by state conventions, as opposed to having the authority to amend the entire Constitution. The Confederate Constitution also added a clause to aid with the transition from the provisional government.

Article VI Section 1 (1) states:

> The Government established by this Constitution is the successor of the Provisional Government of the Confederate States of America, and all the laws passed by the latter shall continue in force until the same shall be repealed or modified; and all the officers appointed by the same shall remain in office until their successors are appointed and qualified, or the offices abolished.

Article I Section 10 (1) of the Confederate Constitution also states:

> No State shall enter into any treaty, alliance, or confederation; grant letters of marque and reprisal; coin money; make anything but gold and silver coin a tender in payment of debts; pass any bill of attainder, or ex post facto law, or law impairing the obligation of contracts; or grant any title of nobility.

The Confederate Constitution also stipulates for rendition by the several States of fugitives from justice from the other States. The General Government, as the common agent, passed laws to carry into effect these stipulations of the States. For many years these laws were executed. But an increasing hostility on the part of the non-slaveholding States to the institution of slavery, has led to a disregard of their obligations, and the laws of the General Government have ceased to effect the objects of the Constitution.

The U.S. Constitution's Article V

The Confederate Constitution clarified this ambiguity in Article V by explicitly stating that the national convention could only propose amendments suggested by state conventions. This clarification ensured that the national convention's power was limited to proposing amendments and did not extend to making wholesale changes to the Constitution.

The Confederate Constitution also included a clause to aid in the transition from the provisional government. This clause stated that the government established by the Confederate Constitution was the successor to the Provisional Government of the Confederate States of America. All laws passed by the Provisional Government would remain in force until repealed or modified, and all officers appointed by the Provisional Government would remain in office until their successors were appointed or the offices abolished.

Additionally, the Confederate Constitution made the process of amending the Constitution easier. Under the U.S. Constitution's Article V, three-fourths of the states are required to ratify an amendment. However, the Confederate Constitution reduced this requirement to two-thirds of the states, making it easier to amend the Constitution.

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