Even if in doing so they were ignoring a constitutional requirement for an entire branch of government? Like I said, it's a neat trick you accept. They trampled on the constitution by refusing to accept their constitutional requirement to staff a supreme court. All aided and abetted by Davis himself. After all, he was within his constitutional power to use a recess appointment. But why appoint something that you have no respect for and might just get in your way? Ya gotta love it.
It's admittedly a paradox of forming a new government and I am making no comment as to whether they should or should not have appointed that branch. Rather, I am simply noting the historical fact of the confederate senate's opposition to appointment, which counters the oft-stated but historically frivolous allegation around here that they wanted to make sure Jeff Davis got everything he wanted rubber stamped without any opposition.
As for the appointment issue itself, tell me - what happens when a new government forms and three new branches are created, yet by the very same document that forms those three branches, a power is given to one of the branches that allows them to impede another of the branches from taking office? It would seem that the confederate senators happened upon a paradox in the U.S. Constitution, and as a result of that paradox, no court was installed.
They trampled on the constitution by refusing to accept their constitutional requirement to staff a supreme court.
That is simply not so, non-seq. While I make no judgment it it was proper or not to do so, a paradox exists in the senate approval process that, at the formation of a new government, could theoretically and constitutionally prevent a branch from coming into existence. The Constitution says that all the justices must have senate approval. If the senate does not approve of any judges, no judges take office. That may be unfortunate policy, and it may compromise the functioning ability of that government, but if the senate does not approve, no legitimate federal court appointment can take place under that constitution.