We, the people of the Confederate States

In Flashman and the Angel of the Lord, the titular hero asks Abraham Lincoln why was it right for the thirteen colonies to secede from the British Empire, but wrong for the Southern States to secede from the Union.
“I’m astonished that a man of your worldly experience can even ask such a question,” says he. “What has ‘right’ got to do with it? The Revolution of ’76 succeeded, the recent rebellion did not, and there, as the darkie said when he’d et the melon, is an end of it.”
Fictional Lincoln, it seems, is something of a cynic.

Some “small-government” and “states’ rights” proponents are less cynical, and even defend the failed Confederate States on the grounds that the CSA were motivated by self-determination, states’ rights, and principled politics. But do the historical documents bear that out?

There are lots of apologists out there who will argue that the Civil War was really not about slavery. That the Confederate States were more interested in states’ rights, and tariffs, and minimizing the use of federal money for local infrastructure. But a careful review of the Constitution of the Confederate States of America seems to show that the political goals of the CSA really started and ended with the institution of slavery.
The CSA Constitution differs from the USA Constitution in only a few substantial ways. The most obvious, and most important, is slavery. While the USA Constitution tip-toes around the issue of slavery, only mentioning it obliquely and euphemistically, the CSA Constitution makes repeated, explicit references to slavery, including a clause preventing Congress from passing any law that would impair the right to own slaves. Another clause allows slaveholders to take their slaves into and out of any state, effectively preventing any individual state from banning slavery within its own boarders. Not exactly a blow for states’ rights.
Perhaps the most next important thing about the CSA Constitution is what did not change. The CSA Constitution copies the vast majority of its content verbatim from the US Constitution. This embraces virtually all of the powers of Congress in Article I, Section 8, including the “Commerce Clause” and the “Necessary and Proper Clause”. Those two clauses, particularly when invoked in tandem, are widely regarded as the greatest threats to limited central government. Yet the CSA had no problem handing these same federal powers to their own Congress.
It is true that there are also non-slave related changes that add color to the claim that the interest of the CSA was in limiting federal power. The preamble was changed to include “each State acting in its sovereign and independent character.” Additionally, the states retained the rights to negotiate among themselves on the regulation of their shared waterways and to tax boats that use those waterways. Further, federal money was not to be used for infrastructure improvement. But these changes do not seem like enough to justify the claim that the primary purpose was self-determination. For one thing, the preamble adds the notion that the Confederacy is intended to be “a permanent federal government,” suggesting that any future secessions from the CSA might not be regarded as rightful. And in light of the focus on slavery and the general retention of the form and powers of the federal government, it seems pretty clear what the real intention was.
It is well worth questioning the “official” versions of history, but it is a mistake for modern conservatives and libertarians to pretend that the Confederacy was a beacon for limited government and self-determination. That ignores the plain fact that the Confederacy was created explicitly for the preservation of the despicable institution of slavery, and it alienates people who should be valuable allies for personal freedom.

Slow Ride

Beer of the week: Slow Ride Session IPA – To avoid (additional) needless controversy, I have paired this reading with a beer from a Colorado, which was not yet a state during the brief existence of the CSA. New Belgium’s session IPA is quite good. My 12-pack seems to have been over carbonated;  every can foamed over when opened. Otherwise, there is nothing to complain about. The beer is a hazy orange-yellow with lots of white foam. Some yeasty aroma makes it past the strong, citrusy hops smell. The flavor is not as strong as expected, but it is nicely balanced and refreshing with a nice citrus finish. One certainly could drink this beer over the course of a long session.

Reading of the week: The Constitution of the Confederate States of America – This is the kind of thing that every middle school student in the United States should be required to read in history class. It did not even occur to me that I should read it until I was in my late twenties. It is instructive as to the causes of the Civil War, but also a useful tool for evaluating the Constitution of the United States.

Question of the week: There are some other changes worth mentioning: the CSA president would have served for 6 years with no chance for reelection. Also, all bills passed by congress would have a single purpose (eliminating omnibus bills and unrelated riders.) Finally, the president would have the power to issue line item vetoes. Are any of the changes made by the Confederates worth considering as amendments to the Constitution of the USA?

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