It was the representatives of the states that enacted the tariffs in the first place, and since it protected local products like tobacco and molasses at the 20 and 25 percent rates it could be considered protectionist in nature. Something the constitution expressly forbade. And the fact that the extremely high income tax rates promoted by the Davis government were not passed does negate the fact that such high rates were proposed to begin with.
Refusal to create a Supreme Court? Debatable, and a very interesting subject.
Not debatable at all. Article 3 mandates a supreme court, it is quite clear on the matter. No such court was established. Likewise the provisional constitution required a supreme court without such court being established. The district courts defined by the provisional constitution were not a replacement for the supreme court and had no similar provision in the permanent constitution, so their role ended when the provisional constitution did. The long and the short of it is that the third branch of government required by their constitution was ignored by the other two branches.
could it be that a CSSC never got established because the CSA was more interested in trying to drive out the "filth that flowed down from the north" and that there was a war for national SURVIVAL being fought???
free dixie,sw
Likewise the provisional constitution required a supreme court without such court being established. The district courts defined by the provisional constitution were not a replacement for the supreme court and had no similar provision in the permanent constitution, so their role ended when the provisional constitution did.
No one said the district courts were a "replacement" for the Supreme Court. The provisional constitution is quite clear, though, that the judges of said district courts would comprise the Supreme Court:
Article 3, Section 1.3 of the provisional constitution: (3) The Supreme Court shall be constituted of all the district judges, a majority of whom shall be a quorum, and shall sit at such times and places as the Congress shall appoint.
Thus, the Supreme Court would be automatically established by the appointment of a quorum of district judges. And though Davis apparently did not exercise his constitutional power to appoint Supreme Court justices under the permanent Constitution, Article 6.1 of the permanent Constitution explicity says that any officers appointed under the provisional Constitution shall remain in office until their replacements are named, or the offices are abolished. You might argue that the adoption of the permanent Constitution totally "abolished" the provisional Constitution, but the Confederate Congress apparently was still operating under its judicial mandates as late as May 21, 1861 (two months after the permanent was adopted), since that was the date that the Confederate Congress approved an "Amendment to the Provisional Constitution of the Confederate States," said amendment specifically referencing wording in Article 3 (establishment of judicial districts,etc.) of the provisional constitution.