A Comparison
of the U.S.
and C.S. Constitutions
Article II (U.S.)
Section
1.The executive
Power shall be vested in a President ofthe United States of America. He
shall
hold his Office during the Term of four Years, and, together with the
Vice
President, chosen for the same Term, be elected, as follows:
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Article II (C.S.)
Section
1.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. The President and
Vice-President shall be elected as follows:
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Each
State shall
appoint, in such Manner as the Legislature thereof may direct, a Number
of
Electors, equal to the whole Number of Senators and Representatives to
which
the State may be entitled in the Congress: but no Senator or
Representative,
or Person holding an Office of Trust or Profit under the United States,
shall
be appointed an Elector.
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Each
State shall
appoint, in such manner as the Legislature thereof may direct, a number
of
electors equal to the whole number of Senators and Representatives to
which
the State may be entitled in the Congress; but no Senator or
Representative,
or person holding an Office of trust or profit under the Confederate
States,
shall be appointed an elector.
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The
Electors shall
meet in their respective States, and vote by Ballot for two Persons, of
whom
one at least shall not be an Inhabitant of the same State with
themselves.
And they shall make a List of all the Persons voted for, and of the
Number
of Votes for each; which List they shall sign and certify, and transmit
sealed
to the Seat of the Government of the United States, directed to the
President of the Senate. The President of the Senate shall, in the
Presence of the Senate
and House of Representatives, open all the Certificates, and the Votes
shall
then be counted. The Person having the greatest Number of Votes shall
be
the President, if such Number be a Majority of the whole Number of
Electors
appointed; and if there be more than one who have such Majority, and
have
an equal Number of Votes, then the House of Representatives shall
immediately
chuse by Ballot one of them for President; and if no Person have a
Majority,
then from the five highest on the List the said House shall in like
Manner
chuse the President. But in chusing the President,the Votes shall be
taken
by States, the Representation from each State having one Vote; a quorum
for
this Purpose shall consist of a Member or Members from two thirds of
the
States, and a Majority of all the States shall be necessary to a
Choice.
In every Case, after the Choice of the President, the Person having the
greatest
Number of Votes of the Electors shall be the Vice President. But if
there
should remain two or more who have equal Votes, the Senate shall chuse
from
them by Ballot the Vice President.
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The
electors shall
meet in their respective States and vote by ballot for President and
Vice-President,
one of whom, at least, shall not be an inhabitant of the same State
with
themselves; they shall name in their ballots the person voted for as
President,
and in distinct ballots the person voted for as Vice-President, and of
all persons voted for as Vice-President, and of the number of votes for
each, which lists they shall sign and certify, and transmit, sealed, to
the seat of the Government of the Confederate States, directed to the
President of
the Senate; the President of the Senate shall, in the presence of the
Senate
and House of Representatives, open all the certificates, and the votes
shall
then be counted, the person having the greatest number of electors
appointed;
and if no person have such majority, then, from the persons having the
highest
numbers, not exceeding three, on the list of those voted for as
President,
the House of Representatives shall choose immediately, by ballot, the
President.
But in choosing the President, the votes shall be taken by States, the
representation
from each State having one vote; a quorum for this purpose shall
consist
of a member or members from two-thirds of the States, and a majority of
all
the States shall be necessary to a choice. And if the House of
Representatives
shall not choose a President, whenever the right of choice shall
devolve
upon them, before the fourth day of March next following, the
Vice-President
shall act as President, as in case of death, or other constitutional
disability
of the President.
The
person having
the greatest number of votes as Vice-President shall be the
Vice-President,
if such number be a majority of the whole number of electors appointed;
and
if no person have a majority, then from the two highest numbers on the
list
the Senate shall choose the Vice-President; a quorum for the purpose
shall
consist of two-thirds of the whole number of Senators, and a majority
of
the whole number shall be necessary to a choice.
But no
person constitutionally
ineligible to the office of President shall be eligible to that of
Vice-President of the Confederate States.
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The
Congress may
determine the Time of chusing the Electors, and the Day on which they
shall
give their Votes; which Day shall be the same throughout the United
States.
No
Person except
a natural born Citizen, or a Citizen of the United States, at the time
of
the Adoption of this Constitution, shall be eligible to the Office of
President;
neither shall any Person be eligible to that Office who shall not have
attained
to the Age of thirty five Years, and been fourteen Years a Resident
within
the United States.
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The
Congress may
determine the time of choosing the electors, and the day on which they
shall
give their votes; which day shall be the same throughout the
Confederate
States.
No
person except
a natural born citizen of the Confederate States, or a citizen thereof
at
the time of the adoption of this Constitution, or a citizen therof born
in
the United States prior to the 20th of December, 1860, shall be
eligible
to the office of President; neither shall any person be eligible to
that
Office who shall not have attained the age of thirty-five Years, and
been
fourteen Years a resident within the limits of the Confederate States,
as
they may exist at the time of his election.
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In
Case of the
Removal of the President from Office, or of his Death, Resignation, or
Inability
to discharge the Powers and Duties of the said Office, the Same shall
devolve
on the Vice President, and the Congress may by Law provide for the Case
of
Removal, Death, Resignation or Inability, both of the President and
Vice
President, declaring what Officer shall then act as President, and such
Officer
shall act accordingly, until the Disability be removed, or a President
shall be elected.
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In
case of the
removal of the President from office, or of his death, resignation, or
inability
to discharge the powers and duties of said office, the same shall
devolve
on the Vice-President; and the Congress may, by law, provide for the
case
of removal, death, resignation or inability both of the President and
Vice-President,
declaring what officer shall then act as President, and such officer
shall
act accordingly until the disability be removed or a President shall be
elected.
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The
President shall,
at stated Times, receive for his Services, a Compensation, which shall
neither
be increased nor diminished during the Period for which he shall have
been
elected, and he shall not receive within that Period any other
Emolument
from the United States, or any of them.
Before
he enter
on the Execution of his Office, he shall take the following Oath or
Affirmation:
"I do
solemnly
swear (or affirm) that I will faithfully execute the Office of
President
of the United States, and will to the best of my Ability, preserve,
protect
and defend the Constitution of the United States."
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The
President shall,
at stated times, receive for his services a compensation, which shall
neither
be increased nor diminished during the period for which he shall have
been
elected; and he shall not receive within that period any other
emolument
from the Confederate States, or any of them.
Before
he enters
on the execution of his office, he shall take the following oath or
affirmation:
"I do
solemnly
swear (or affirm) that I will faithfully execute the office of
President
of the Confederate States, and will, to the best of my ability,
preserve,
protect, and defend the Constitution thereof."
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Section
2. The
President shall be Commander in Chief of the Army and Navy of the
United
States, and of the Militia of the several States, when called into the
actual
Service of the United States; he may require the Opinion, in writing,
of
the principal Officer in each of the executive Departments, upon any
Subject
relating to the Duties of their respective Offices, and he shall have
Power
to grant Reprieves and Pardons for Offences against the United States,
except
in Cases of Impeachment.
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Section
2. The
President shall be commander-in-chief of the army and navy of the
Confederate
States, and of the militia of the several States, when called into the
actual
service of the Confederate States; he may require the opinion, in
writing,
of the principle officer in each of the Executive Departments, upon any
subject
relating to the duties of their respective offices; and he shall have
power
to grant reprieves and pardons for offences against the Confederacy,
except
in cases of impeachment.
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He
shall have Power,
by and with the Advice and Consent of the Senate, to make Treaties,
provided
two thirds of the Senators present concur; and he shall nominate, and
by
and with the Advice and Consent of the Senate, shall appoint
Ambassadors,
other public Ministers and Consuls, Judges of the supreme Court, and
all
other Officers of the United States, whose Appointments are not herein
otherwise
provided for, and which shall be established by Law: but the Congress
may
by Law vest the Appointment of such inferior Officers, as they think
proper,
in the President alone, in the Courts of Law, or in the Heads of
Departments.
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He
shall have power,
by and with the advice and consent of the Senate, to make treaties,
provided
two-thirds of the Senators present concur; and he shall nominate, and
by
and with the advice and consent of the Senate, shall appoint
ambassadors,
other public ministers and consuls, Judges of the Supreme Court, and
all
other officers of the Confederate States, whose appointments are not
herein
otherwise provided for, and which shall be established by law; but the
Congress
may, by law, vest the appointment of such inferior officers, as they
think
proper, in the President alone, in courts of law or in the heads of
Departments.
The
principle officer
in each of the Executive Departments, and all persons connected with
the
diplomatic service, may be removed from office at the pleasure of the
President.
All other civil officers of the Executive Department may be removed at
any
time by the President, or other appointing power, when their services
are
unnecessary, or for dishonesty, incapacity, inefficiency, misconduct or
neglect
of duty; and when so removed, the removal shall be reported to the
Senate,
together with the reasons therefor.
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The
President shall
have Power to fill up all Vacancies that may happen during the Recess
of
the Senate, by granting Commissions which shall expire at the End of
their
next Session.
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The
President shall
have power to fill all vacancies that may happen during the recess of
the
Senate, by granting commissions which shall expire at the end of their
next
session; but no person rejected by the Senate shall be reappointed to
the
same office during their ensuing recess.
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Section
3. He shall
from time to time give to the Congress Information of the State of the
Union,
and recommend to their Consideration such Measures as he shall judge
necessary
and expedient; he may, on extraordinary Occasions, convene both Houses,
or
either of them, and in Case of Disagreement between them, with Respect
to
the Time of Adjournment, he may adjourn them to such Time as he shall
think
proper; he shall receive Ambassadors and other public Ministers; he
shall
take Care that the Laws be faithfully executed, and shall Commission
all
the Officers of the United States.
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Section
3.The President
shall from time to time, give to the Congress information of the state
of
the Confederacy, and recommend to their consideration such measures as
he
shall judge necessary and expedient; he may, on extraordinary
occasions,
convene both Houses, or either of them; and in case of disagreement
between
them, with respect to the time of adjournment, he may adjourn them to
such
time as he shall think proper; he shall receive ambassadors and other
public
ministers; he shall take care that the laws be faithfully executed, and
shall
commission all the officers of the Confederate States.
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Section
4. The
President, Vice President and all civil Officers of the United States,
shall
be removed from Office on Impeachment for, and Conviction of, Treason,
Bribery,
or other high Crimes and Misdemeanors.
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Section
4. The
President, Vice-President, and all civil officers of the Confederate
States,
shall be removed from office on impeachment for, and conviction of
treason,
bribery, or other high crimes and misdemeanors.
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