The Confederate Constitution contains little evidence of an agenda to advance the cause of
states' rights.
[5] The constitution contained many of the phrases and clauses which had led to disagreement among the states in the original Union, including a
Supremacy Clause, a
Commerce Clause (albeit a more restrained version than in the U.S. Constitution, which itself had not been construed nearly as broadly as it is today), and a
Necessary and Proper Clause. The Confederate Congress had powers almost identical to the US Congress, however all the minor differences added together amounted to a much more constrained federal government than the US government of the times and of today. The Confederate Constitution contained clauses which increased the powers of the Executive Branch, such as the line item veto power given to the president. However, they also granted essentially a line item veto to the Senate and Congress by limiting each bill to one issue written in the name. By making both the executive and legislative branches of government more powerful they did more to tie the hands of the Federal government over all--enhancing the planned ineffectiveness of the central government, one of the founding premises of the US Constitution. The Confederate Constitution also provided for a Supreme Court, which, through the supremacy clause, could acquire all the powers claimed for the
U.S. Supreme Court by
John Marshall. The Confederate Constitution was to take effect upon ratification by five states, like the U.S. Constitution, which took effect after nine states ratified it. This had been a major point of contention in the
Anti-Federalist Papers. The framers of the Confederate Constitution, having studied the various
constitutional crises which had arisen in the United States between 1787 and 1860, tried to revise the constitution to eliminate the grievances which had been raised in that period.