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Confederate Constitution

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The Importance of Constitutional Government

This piece was originally published at mises.org In his book, The Rise and Fall of the Confederate Government, Jefferson Davis explained (vol. 2) the Southern cause, as he saw it: “When the cause was lost, what cause was it? Not that of the South only, but the cause of constitutional government, of the supremacy of law, of the natural rights…
Wanjiru Njoya
April 4, 2025
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Modern Challenges and the Southern Tradition

The Southern tradition has many answers to modern problems. The challenge is that few look there. They get close but stop short. On a recent episode of the All-In Podcast, David Friedberg made some salient points about the Constitution and federal spending. They were discussing the fact that federal spending is roughly 23% of GDP. He then went into some…
Garrick Sapp
January 28, 2025
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The Confederate Constitution of 1861

The Confederate Constitution of 1861 is a misunderstood document that made improvements on the United States Constitution. What were they? Professors Donald Livingston and Marshall DeRosa discuss the Constitution and its currency in modern America. https://youtu.be/9TSGgOIiyPE
Abbeville Institute
October 11, 2024
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The Confederate Constitution of 1861, Part I

From the 2004 Abbeville Institute Summer School You know, you should ask yourself, “Why is the Confederacy so important?” Not only from a historical perspective, but also prospectively, what is it about the Confederacy and the leaders of that time that should encourage not only us people with Southern sympathies, but all people who are interested in good government generally,…
Marshall DeRosa
March 14, 2023
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The Glorious Revolution of 1688 and the Origins of Southern Constitutionalism

From the 2004 Abbeville Institute Summer School On April 10th, 1606, King James I of England (and VI of Scotland) granted letters of patent to Sir Thomas Gates and others, thereby establishing two companies for the settlement of colonies along the Atlantic coast of North America, which was then called Virginia in honour of the Virgin Queen, Elizabeth I. The…
John Graham
July 7, 2022
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The Confederate Constitution

From the 2003 Abbeville Institute Summer School I come from a somewhat different mold and my thought processes on these issues have changed a bit over the last couple of years. I have written on American jurisprudence and I have detected what I would deem to be ominous trends in American case law, and also in international law. I also…
Marshall DeRosa
June 6, 2022
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The Gathering Mystique of Union

‘Union’  neither denotes nor explicates a form of government. It is a word estranged in both the commonplace and the legal arts. There is no constraint to the daily rumble of social or personal definition. Any two or more people can form a 'union', even without using the word. At law ‘union’ is not a term of art. Rather it…
Vito Mussomeli
April 4, 2022
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Comparing Constitutions

Southern leaders had few complaints with the old Constitution under which they had lived. The heart of the conflict, they felt, was that the intent of the written law had been subverted by Northern sectionalists. Three major areas of conflict were over protective tariffs, the settlement of common territories, and the right to be secure in one’s property. Although tariffs…
James David Altman
September 18, 2017
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Confederate Case Law: The Rule of Law, Not of Men

The mark of an advanced civilization is the rule of law, with the highest being the rule of law that protects life, liberty and property. Based upon this standard, the Confederate States of America embodied an advanced Christian civilization. Accepting this truism goes a long way in understanding why the Confederacy has been demonized to the point of eradicating it…
Marshall DeRosa
August 23, 2017
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Essential Reading: The Confederate Constitution of 1861

This review was first printed in Southern Partisan magazine in 1995. Marshall DeRosa: The Confederate Constitution of 1861: An Inquiry into American Constitutionalism (University of Missouri Press, 1991). Let there be no doubt, my friends. Marshall DeRosa addresses a serious and important issue. He claims the struggle for American independence was renewed and, in a sense, reached a peak during…
Robert Martin Schaefer
September 8, 2016
Review Posts

The Confederacy’s Rule of Law

As Southern States seceded from the United States and formed the Confederate States of America, the matter of transitioning the US Judiciary into the CSA Judiciary required both skill and determination. Issues of jurisdiction, personnel, legal codes, records, writs and ongoing processes had to be considered. Rather than starting de novo, the CSA Provisional Constitution mostly adopted the structure of…
Marshall DeRosa
April 19, 2016
Review Posts

Slavery in the Confederate Constitution

...... Although I have never Sought popularity by any animated Speeches or Inflammatory publications against the Slavery of the Blacks, my opinion against it has always been known and my practice has been so conformable to my sentiment that I have always employed freemen both as Domisticks and Labourers, and never in my Life did I own a Slave. The…
Vito Mussomeli
October 20, 2015
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The Virus of Centralization

In my previous post on this website I addressed the Lincoln’s 1863 revelation to Governor Pierpont that the war must be protracted in order for the politically connected to rape the South of its cotton. The recent events in Nevada, during which the US Bureau of Land Management (BLM) squared off with rancher Cliven Bundy, are symptoms of a sick…
Marshall DeRosa
April 14, 2014