美利堅聯盟國憲法

美利堅聯-{}-盟國憲法()簡稱聯-{}-盟國憲法邦-{}-聯憲法(),是美利堅聯盟國最高法律。該法案於1861年3月11日通過,自1862年2月22日起生效,直至美國內戰結束(1865年5月)。從1861年2月8日到1862年2月22日,邦聯也根據臨時憲法運作。 最初的臨時憲法位於弗吉尼亞州里士滿美國內戰博物館,與後來的版本略有不同通過了。最終的手寫憲法位於哈格特善本和手稿圖書館佐治亞大學。其大部分條款逐字複製於合眾國憲法;然而,這兩份文件在語氣和法律內容上存在重大差異,主要是在奴隸制方面。

與合眾國憲法比較
合眾國憲法和聯盟國憲法的序言有一些相似之處,但聯盟國憲法的作者似乎打算給新的序言賦予不同的感覺。此處提供了兩個前言。粗體文字顯示之間的差異。聯盟國憲法的序言提到了上帝、永久政府以及每個州的主權和獨立。
*合眾國憲法序言

譯文:我们合众国人民,为建立更完善的联邦,树立正义,保障国内安宁,提供共同防务,促进公共福利,并使我们自己和后代得享自由的幸福,特为美利坚合众国制定本宪法。

*聯盟國憲法序言

譯文:我們聯盟國人民,每個州以其主權和獨立的特質行事,為了建立一個永久的聯邦政府、確立正義、保障國內和平以及為我們自己和我們的子孫爭取自由的祝福,恭請全能上帝的青睞和指引,立此憲法,成立美利堅聯盟國。

文章摘要
聯盟國憲法的正文大部分沿用了合眾國憲法,但也有一些變化

第一条差异

  • Amended Article I Section 2(1) to prohibit persons "of foreign birth" who were "not a citizen of the Confederate States" from voting "for any officer, civil or political, State or Federal."
  • Article I Section 2(3) is essentially the same, and the clause still counts only "three-fifths of all slaves" for the population total of each state, just as it did in the US with the Three-Fifths Compromise: "The number of Representatives shall not exceed one for every fifty thousand". A proposed Amendment to the U.S. Constitution which had been awaiting ratification by the states would have changed the maximum number of representatives to one for every fifty thousand.
  • Amended Article I Section 2(5) to allow the state legislatures to impeach federal officials who live and work only within their state with a two-thirds vote of both houses of the state legislature. The state legislature, which then was responsible for the appointment of senators, had to wait until the seat was vacant.
  • Article I Section 4(1) deals with elections and adds "subject to the provisions of this Constitution" to the U.S. Constitution Clause. That meant that each state legislature was free to make its own decision except if the constitution laid out other rules. The aforementioned Article I Section 2(1) and Article I Section 3(1) clauses would fall into that category.
  • Amended Article I Section 6(2) to allow the House of Representatives and the Senate the ability to grant seats to the heads of each executive department to discuss issues involving their departments with Congress. The clause is the same as the one from the U.S. Constitution and adds:
  • Amended Article I Section 7(2) to provide the President of the Confederate States of America with a line-item veto but also required any bill in which the president used the veto in to be resubmitted to both houses for a possible override vote by two thirds of both houses.
  • In an attempt to prevent the Confederate Congress from protecting industry, the framers added to Article I Section 8(1):

:The phrase "general Welfare" was dropped from the Confederate Clause as well.

Article I Section 8(3) added quite a bit to the U.S. Constitution in an attempt to block the Confederate Congress from appropriating money to build "internal improvements" to "facilitate commerce,"

  • In addition to were three altogether-new clauses in the Confederate Constitution for Article I, Section 9.
  • Article I, Section 9(9)
  • Article I, Section 9(10)
  • Amendments I through VIII are contained, in the same order, in Article I, Section 9(12) through Article I, Section 9(19) (the remainder of the US Bill of Rights is in Article VI).
  • Article I, Section 9(20) was added to limit new bills to only one subject presented.

Article II

  • The President of the Confederate States of America is to be elected by electors, chosen by the individual states, for a single six-year term, rather than a then-unlimited number of four-year terms. Article 2 Section 1(1) reads as: "The executive power shall be vested in a President of the Confederate States of America. He and the Vice President shall hold their offices for the term of six years; but the President shall not be re-eligible."
  • Article II Section 1(7) of the Confederate Constitution required candidates for the President of the Confederacy to have resided "within the limits of the Confederate States" for 14 years. is left out and "and foreign states, citizens or subjects; but no state shall be sued by a citizen or subject of any foreign state" is added in the Confederate Constitution.

Changes to Article IV

  • There were changes and additions to Article IV Section 2(1) and Article IV Section 3(3), which are covered in the Slavery section below.
  • Article IV Section 3(1) required a two-thirds of both houses of Congress vote for a new state to join the Confederacy.

Changes to Article V

  • The Confederate Congress, unlike in the U.S. Constitution, could not propose amendments. Instead, amendments had to be proposed by constitutional conventions in at least three states. The Confederate Constitution also 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 process of amendment became easier (Article V Section 1(1)) by requiring only two thirds of the states to ratify, rather than three fourths.

Changes to Article VI

  • The Confederate Constitution added a clause to aid with the transition from the provisional government.
  • Amendments IX and X of the U.S. Constitution were added here as Article VI Section 1(5), and (6)

Changes to Article VII

  • Article VII Section 1(2), with instructions for electing permanent officials after the ratification of the Confederate Constitution, was added.

Differences by subject
Slavery
There were several major differences between the constitutions concerning slavery.

  • Whereas the original U.S. Constitution did not use the word "slavery" or the term "Negro Slaves" but instead used "Person[s] held to Service or Labour," which included whites and Native Americans in indentured servitude, the Confederate Constitution addresses the legality of slavery directly and by name.
  • Though Article I, Section 9(1), of both constitutions are quite similar in banning the importation of slaves from foreign nations, the Confederate Constitution permitted the Confederate States to import slaves from the United States and specified the "African race" as the subject. The importation of slaves into the United States, including the South, had been illegal since 1808.

聯盟國憲法奴隸制
然而,憲法保留國會廢除此類進口的權力:

第一條第9(4)款就黑人作出了澄清:

第四條第2(1)節,針對黑人進行了修訂:

聯盟國憲法中增加了一項條款,根據該條款,奴隸制將適用於未來所有希望加入聯邦的州:

簽署
*豪厄爾·科布,國會主席
*南卡羅來納州:
**、克里斯托弗·梅明格、、、、、、。
*喬治亞州:
**、、、亞歷山大·史蒂芬斯、、、、、。
*佛羅里達州:
**、、詹姆斯·拜拉姆·歐文斯。
*阿拉巴馬州:
**、、、、、、、、。
*密西西比州:
**、、、、、、。
*路易斯安那州:
**、、、、、。
*德克薩斯州:
**、、、、、、。

批准
國會於1861年3月11日開始批准《邦聯憲法》:

參見
*合众国宪法

參考
外部連結
*[http://en.wikisource.org/wiki/Constitution_of_the_Confederate_States_of_America 美利堅聯盟國憲法全文阅读英文]

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