FW: Articles of Confederation
CJohnson at law.utexas.edu
Wed Jan 4 10:15:28 PST 2006
The BIG points about the A/C in order of importance are:
1. "League of Friendship" established by ambassadors signing on
behalf of the States, as contrasted with "We, the People" in the C.
No term for Delegates, so delegates held service at will of the state
2. No tax power-- revenue by requisitions only. No court, except for
prizes and arbitration of borders.
3. Articl II, limitation of Congress to expressly delegated powers,
as constrasted with no such limit in section 8. This was the biggest
issue on the A/C in the ratification debate.
4. Prohibition on a state's imposing tax or regulations on out of
state Americans that it was not willing to impose on its own people.
The myth is that Articles had allowed lots of interstate tolls . Contra
myth, the C wasnt required to establish common market.
From: conlawprof-bounces at lists.ucla.edu on behalf of
DavidEBernstein at aol.com
Sent: Tue 1/3/2006 4:55 PM
To: Conlawprof at lists.ucla.edu
Subject: Articles of Confederation
I'm curious if anyone has the students read the Articles of
Confederation in basic Con Law, before they read the Constitution, and,
if so, what points arise in class.
David E. Bernstein
University of Michigan School of Law
George Mason University School of Law
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