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THE
CONFEDERACY PROJECT CONSTITUTION
AND
DECLARATION OF SECESSION

dividing bar

THIRD CONSTITUTION

FOR THE

CONFEDERATE STATES OF AMERICA

PREAMBLE

Constitution of the Confederate States of America WE, THE PEOPLE of the Confederate States, each State acting in its sovereign and independent character, in order to form a permanent federal government, establish justice, insure domestic tranquility, and secure the blessings of liberty to ourselves and our posterity ~ invoking the favor and guidance of Almighty God ~ do ordain and establish this Constitution for the Confederate States of America.

When in the course of human events, it becomes necessary for one People to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the laws of nature and of nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.

We hold these truths to be self-evident:

That all the People are created equal; that they are endowed by their Creator with certain unalienable rights; that among these are life, liberty, and property; that, to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed; that whenever any form of government becomes destructive of these ends, it is the right of the People to alter or to abolish it, and to institute new government, laying its foundation on such principles, and organizing its powers in such form, as to them shall seem most likely to affect their safety and happiness.

Prudence, indeed, will dictate that governments long established should not be changed for light and transient causes; and accordingly all experience hath shown that mankind are more disposed to suffer, while evils are sufferable than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same object, evinces a design to reduce them under absolute despotism, it is their right, it is their duty, to throw off such government, and to provide new guards for their future security. Such has been the patient sufferance of the States of this Confederacy; and such is now the necessity which constrains them to alter their former systems of government.

We the present day Confederates, just as our honored predecessors of the nineteenth century had intended, desire nothing but an honorable withdrawal from the Union. We earnestly desire that secession be accomplished in the friendliest spirit, with the utmost goodwill, and without leaving any trace of bitterness behind it, living in amity with all their neighbors of the Americas. We desire a settlement of all matters between the States forming it, and the United States in relation to the public property and public debt at the time of our withdrawal hereby declaring it to be our wish and earnest desire to adjust everything pertaining to the common property, common liability, and common obligations of that Union, upon the principles of right, justice, equity, and good faith. The President, Congress, and People of the Confederate States earnestly desire a peaceful solution of these great questions; that it is neither our interest nor our wish to make any demand which is not founded on strictest justice; nor do any act to injure our late sister States.

So that the general, great, and essential principles of liberty and free government may be recognized and established we declare:

(1) That the government of the Confederate States has only the powers specified in this Constitution, and may not do anything which is not explicitly authorized by this document. The intent of this document is to protect the rights of individuals within the country, both Citizens and all others, and that is the only valid purpose of government. When the Confederate States government acts outside its borders, it must still act in accordance with this Constitution, and refrain from violating the rights of individuals. This is in recognition that rights are not a gift of government, or an earned privilege, but are inherent in every human being.

(2) That this Constitution is a true republic in the form of a representative government in which governmental power is strictly circumscribed so that it does not trespass on the natural rights of persons within its jurisdiction; that power is not concentrated in a few hands, but is distributed into several Departments, each of which acts as a check upon the others; is a government of laws, and not of men nor is there a professional class of political persons; is instituted for the benefit of every peaceful person, and does not provide benefits to the members of a special class at the expense of everyone else; and the government must be good because the Citizens thereof are virtuous will not allow it to degenerate.

(3) That all power is vested in, and consequently derived from, the People; that magistrates are their trustees and servants and at all times amenable to them.

(4) That all the People are by nature equally free and independent and have certain inherent rights, of which, when they enter into a state of society, they cannot, by any compact, deprive or divest their posterity; namely, the enjoyment of life and liberty, with the means of acquiring and possessing property, and pursuing and obtaining happiness and safety.

(5) That religion, morality, and knowledge, being necessary to good government and the happiness of mankind, schools and the means of education, whether at home or in government or private schools, shall forever be encouraged.

(6) That the family is a foundational association of civil society, and parents as natural guardians enjoy a robust sphere of sovereignty concerning the right to direct and control the upbringing, education, values, religion, and discipline of their children of their children. No parent shall be deprived of the guardianship of a child without due process of law.

(7) That government is, or ought to be, instituted for the common benefit, protection, and security of the People, nation, or community; of all the various modes and forms of government, that is best which is capable of producing the greatest degree of happiness and safety and is most effectually secured against the danger of maladministration. And when any government shall be found inadequate or contrary to these purposes, a majority of the community has an indubitable, inalienable, and indefeasible right to reform, alter, or abolish it, in such manner as shall be judged most conducive to the public weal.

(8) That it is as much the duty of government to render prompt justice against itself, in favor of Citizens, as it is to administer the same between private individuals.

(9) That all Citizens are bound to sustain and uphold the respective governments in which they reside, while protected in their inherent and inalienable rights by the laws of such governments.

(10) That no Citizen, or set of Citizens, is entitled to exclusive or separate emoluments, entitlements, or privileges from the community nor a transfer of wealth or political power from one set of Citizens to another, but in consideration of public services; which, nor being descendible, neither ought the offices of magistrate, legislator, or Judge to be hereditary.

(11) That it is justice, not the Courts, that is sacred to a free society and in controversies respecting property or in suits of law and equity the ancient trial by jury is preferable to any other and ought to be held sacred.

(12) That no Citizen or legal alien ought to be imprisoned or dispossessed unlawfully of their property, or be exiled or deprived of his inalienable or natural rights, privileges, franchises, life, liberty or property without due process of law.

(13) That it is the right and duty of the People, when serving on a jury, to have the power to judge the law as well as the evidence, and to vote on the verdict according to their conscience, to annul execution of unjust laws, or to grant clemency should just laws be applied in such unusual context that punishment is not merited.

(14) That the People when serving on juries are immune from punishment resulting from oaths requiring specific interpretations of law, from directions limiting free speech among jury members, from exclusion from jury duty based on opinion of the law, from punishments or harassment resulting from advocating a verdict not desired by the government, or for otherwise resisting or refusing attempts to tamper with a jury.

(15) That a law repugnant to this Constitution is void and that the Courts, as well as other branches, are bound by this Constitution.

(16) That power given for one purpose cannot rightfully be exercised for any other.

(17) That in the crafting of public policy and the passing of laws that will affect the People's wealth, property, or freedom the government ought to base their decisions on sound and legitimate scientific and economic research and not on politics, public or world opinion, or political correctness.

(18) That the system of taxation adopted in a free state, ought to be just and equal in its operation as between individuals, classes, and sections; and ought to be generally and thoroughly understood by the People.

(19) That the taxing power can be exercised only to raise revenue to defray the expenses of government, defend the state, or for some other purpose specified in the grant of the power (but not a transfer of wealth from one set of Citizens to another) and there ought to be established a real and effective fiscal responsibility on the part of all officials in every Department of government.

(20) That it is the indispensable duty of a good government the promotion of equal justice for all, to provide an easy, prompt, and adequate remedy for the infraction of every right; and a just, but certain punishment for every wrong or crime and the protection of person, property, and character, against violence, fraud, and defamation.

(21) That diversity is not a measure of strength but a measure of weakness of a nation. The People should be Citizens of a united country first with a common language and heritage.

(22) That every elected or appointed public service official and students should be taught age appropriate lessons on the Declaration of Independence, selected Federalist Papers, Articles of Confederation, United and Confederate States Constitutions, and any other documents to foster understanding of the same at least once a year.

(23) That legitimate government, at any level, is established solely by direct and explicit consent of the governed. Relative to the citizenry, no branch of government has inherent or reserved powers, implicit or assumed prerogatives, or presupposed attributes of sovereignty. Powers shall be expressly granted to government by the People, and the extent and range of such powers shall be strictly, narrowly construed.

(24) That government is delegated the limited power to regulate the use of private property solely to protect public health and safety, in accord with common law standards of nuisance. This delegation of power should be interpreted narrowly.

(25) That capitalism, property, the freedom of the press, political speech, and privilege to vote are the great bulwarks of liberty, and can never be restrained but by despotic governments.

(26) That religion, or the duty which we owe to our Creator, and the manner of discharging it, can be directed only by reason and conviction, not by force or violence; and therefore all the People are equally entitled to the free exercise of religion, according to the dictates of conscience; and that it is the mutual duty of all to practice Jeduo-Christian ethics, forbearance, love, and charity toward each other but the government, at all levels, must be completely neutral on the issue of religion in carrying out public policy.

(27) That the People have a right to bear arms for the defense of themselves and their own State, or the Confederate States, or for the purpose of taking game; and no law shall be passed for disarming the People or any of them, unless for crimes committed or real danger of public injury from mentally disturbed individuals.

(28) That standing armies in time of peace are dangerous to liberty and freedom, and therefore ought to be avoided, as far as the circumstances and protection of the community will admit; and that in all cases the military should be under strict subordination to and governed by the civil power.

(29) That the claim and exercise of a constitutional right cannot be converted into a crime and that the People demand that constitutional cases shall be decided on according to the terms of this Constitution and not according to a Judge's personal view of fairness, political opinion, reasonableness, or justice.

(30) That the legislative and executive powers of the state should be separate and distinct from the judiciary; and that the members of the two first may be restrained from oppression, by feeling and participating the burdens of the People, they should, at fixed periods, be reduced to a private station, return into that body from which they were originally taken, and the vacancies be supplied by frequent, certain, and regular elections, in which all, or any part, of the former members, to be again eligible, or ineligible, as the laws shall direct.

(31) That elections of members to serve as representatives of the People, in assembly ought to be fair, free, and open; and that all Citizens, having sufficient evidence of permanent common interest with, and attachment to, the community, have the right of suffrage and cannot be taxed or deprived of their property for public uses without their own consent or that of their representatives so elected, nor bound by any law to which they have not, in like manner, assembled for the public good.

(32) That the rights of electoral participation and political association are fundamental; any law burdening their exercise is subject to strict judicial scrutiny for legitimacy regarding ends and means, and shall be supported by clear and convincing evidence. Political choices and competition are primary interests of the citizenry.

(33) That all power of suspending laws, or the execution of laws, by any authority, without consent of the representatives of the People, is injurious to their rights and ought not to be exercised.

(34) That the People have a right to uniform government; and, therefore, that no government, army, or police force separate from or independent of the Confederate States ought to be erected or established within the limits thereof.

(35) That no free government, or the blessings of liberty, can be preserved to any People but by a firm adherence to justice, moderation, temperance, frugality, education, and virtue and by frequent recurrence to fundamental principles.

(36) That liberty consists in the freedom to do everything which injures no one else; hence the exercise of the natural rights of each man has no limits except those which assure to the other members of the society the enjoyment of the same rights.

(37) That stare decisis and "settled law" must always be tested for how well it serves the ultimate end of justice to determine whether it has value in any given case.

(38) That government shall not help nor unnecessarily hinder lawful private enterprises.

(39) That neither the Confederate States nor any State shall make any legal distinction between the rights and responsibilities of men and women unless such distinction is based on physiological or functional differences between them.

(40) That the Sheriff of a County, or its equivalent political subdivision, is the supreme law enforcement official and has both full criminal and civil jurisdiction and the power to assemble a Militia or Posse and deputize Citizens to assist in the keeping of the peace and the enforcement of laws.

(41) That the only method to increase or diminish the powers or duties of the Confederate States shall be only by Article of Amendment to this Constitution.

(42) That the legitimate function of government is to secure the aforementioned declarations through the preservation of domestic tranquility, a fair and equal system of justice, the maintenance of a strong national defense, security of all international borders and seacoasts, and economic and energy independence.

(43) That in the adoption of this Constitution, the States adopting the same acted severally, as free, independent, and sovereign Nations; and that each, for itself, by its own voluntary assent, entered this Confederacy with the view to its increased security against all dangers, domestic as well as foreign, and the more perfect and secure enjoyment of its advantages, natural, political, and social and whatever is not expressly given to the Confederacy or the States the People thereof expressly reserve.

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