The confederate constitution did not mince words. The judicial power of the confederacy was to be vested in one supreme court and such other courts as the congress would establish. That it did, but if you look at the record of debates from the Confederate Senate, they sought to block its appointment to limit what they feared would be judicial activism infringing on state power. If you recall, the senate has oversight on appointments to the court and can block those appointments from being filled if they so desire. To do so is within their constitutional authority.
That it did, but if you look at the record of debates from the Confederate Senate, they sought to block its appointment to limit what they feared would be judicial activism infringing on state power. If you recall, the senate has oversight on appointments to the court and can block those appointments from being filled if they so desire. To do so is within their constitutional authority. To violate the constitution was within their constitutional authority? Neat system, like I said, in keeping with the overall contempt for the courts that the Davis regime had.