Does the Uniform Law Commission violate the U.S. Constitution?

[Weston White]

It seems that the ULC would require federal legislation otherwise everything they've done is unconstitutional. (I haven't come across any such act of law as of yet.)

It also seems that the people within the individual states have little to no say in the activities of and proposals made by the ULC, who's members frequently also consist of state legislatures. Hence, proposals made by the ULC to individual states effect an echo chamber wherein the process of ratifying those proposals into law are for the most part a mere formality.


U.S. Constitution A.I,S.10:

No state shall enter into any treaty, alliance, or confederation; ...

No state shall, without the consent of Congress, ...enter into any agreement or compact with another state...

https://www.uniformlaws.org/aboutulc/overview

https://en.wikipedia.org/wiki/Uniform_Law_Commission

 

[Sonny Tufts]

the ULC, who's [sic] members frequently also consist of state legislatures.

Wrong. ULC members are people qualified to paractice law, including lawyers, judges, law professors, and legislators and their staff members. Legislatures aren't members, although the members are appointed by legislatures.

Hence, proposals made by the ULC to individual states effect an echo chamber wherein the process of ratifying those proposals into law are for the most part a mere formality.

Wrong again. Legislatures are perfectly free to adopt or reject ULC proposals; the proposals are not "compacts". For example, the original Uniform Probate Code was adopted by only 16 states, and the Uniform Limited Liability Company Act has been adopted by only 19 states. Louisiana has never adopted the Uniform Commercial Code.

States often adopt only portions of a proposed act and modify it to suit their specific circumstances or to mollify certain interest groups. Never underestimate the power of local lobbyists.

 

[devil21]

Wrong. ULC members are people qualified to paractice law, including lawyers, judges, law professors, and legislators and their staff members. Legislatures aren't members, although the members are appointed by legislatures.



Wrong again. Legislatures are perfectly free to adopt or reject ULC proposals; the proposals are not "compacts". For example, the original Uniform Probate Code was adopted by only 16 states, and the Uniform Limited Liability Company Act has been adopted by only 19 states. Louisiana has never adopted the Uniform Commercial Code.

States often adopt only portions of a proposed act and modify it to suit their specific circumstances or to mollify certain interest groups. Never underestimate the power of local lobbyists.

You do realize that when you make a claim that literally takes 3 seconds of web search to determine that it is false you lose credibility for most of your post, right? :bigpoo:

https://www.sos.la.gov/BusinessServices/UniformCommercialCode/Pages/default.aspx

Uniform Commercial Code (UCC)

In January of 1990, Louisiana adopted the Uniform Commercial Code. This statewide notification system replaced Louisiana's chattel mortgage laws and for the first time provides lenders with statewide information regarding liens on movable, personal property.

As the last state to adopt the UCC, Louisiana was fortunate to implement a filing system that benefited its users by allowing the filing of financing statements with any of the 64 parish filing offices.

I don't know about the constitutionality of the ULC but their purpose of working to implement commercial statutes (favored by the money powers) across the 50 states is quite obvious. How successful it is overall may be debatable but citing the UCC as if it's some kind of failure is laughable, especially when one big example you cite is flat out inaccurate. The UCC is exactly the type of (commercial) legislation the ULC was designed to implement across all states.

 

[Sonny Tufts]

You do realize that when you make a claim that literally takes 3 seconds of web search to determine that it is false you lose credibility for most of your post, right? :bigpoo:

If you had spent more than 3 seconds on your research, you'd have learned that Louisiana has never adopted Articles 2, 2A, and 6 of the UCC, dealing with sales of goods, leases, and bulk sales. Adoption of only some UCC articles isn't the same as adopting the entire UCC.

https://en.wikipedia.org/wiki/Uniform_Commercial_Code_adoption

I don't know about the constitutionality of the ULC but their purpose of working to implement commercial statutes (favored by the money powers) across the 50 states is quite obvious. How successful it is overall may be debatable but citing the UCC as if it's some kind of failure is laughable, especially when one big example you cite is flat out inaccurate. The UCC is exactly the type of (commercial) legislation the ULC was designed to implement across all states.

I never intimated the UCC was a failure; I said only that the OP's suggestion that the ULC was some kind of compact whose proposals are somehow binding on the states is hopelessly wrong.

Moreover, the ULC proposes many uniform laws in such non-commercial areas as family law, civil procedure, criminal law, and administrative law.

 

[devil21]

If you had spent more than 3 seconds on your research, you'd have learned that Louisiana has never adopted Articles 2, 2A, and 6 of the UCC, dealing with sales of goods, leases, and bulk sales. Adoption of only some UCC articles isn't the same as adopting the entire UCC.

https://en.wikipedia.org/wiki/Uniform_Commercial_Code_adoption

So it has adopted 78% of the UCC, 7 of 9 total articles. Lemme guess, you're an attorney right? Your wormy attorney language gives it away.

 

[Weston White]

Wrong. ULC members are people qualified to paractice law, including lawyers, judges, law professors, and legislators and their staff members. Legislatures aren't members, although the members are appointed by legislatures.

Eh?

“ULC members must be lawyers, qualified to practice law. They are practicing lawyers, judges, legislators and legislative staff and law professors, who have been appointed by state governments as well as the District of Columbia, Puerto Rico and the U.S. Virgin Islands”

https://www.uniformlaws.org/aboutulc/overview
https://www.uniformlaws.org/aboutulc/standingcommittees

Wrong again. Legislatures are perfectly free to adopt or reject ULC proposals; the proposals are not "compacts". For example, the original Uniform Probate Code was adopted by only 16 states, and the Uniform Limited Liability Company Act has been adopted by only 19 states. Louisiana has never adopted the Uniform Commercial Code.

Actually, that is entirely beside the point, clearly, the several states do in fact adopt the vast majority of their “recommendations”, e.g., penal codes are vastly similar from state to state; and states implement new laws that are all very much in-line such as with using cell-phones while driving—noting that certain states implement much stricter versions of such laws (likely as test cases or social experiments) as in California and New York, for example.

Obviously, a proposal is not a compact, but what is taking place behind closed doors, in executive seasons, in wine and dines, and the like in order to get the votes necessary to ratify such proposals, now that is what is very likely unconstitutional. (And not every conference needs to result in an accord or success for there to be an active agreement or compact in place.)

A compact is “an agreement or covenant between two or more parties.”

And is synonymous to: accord, alliance, convention, covenant, pact, treaty.

Case in point: “The Legislative Committee, with at least one liaison in each state and territory, is responsible for seeking the state enactment of uniform and model acts approved by the ULC.”

States often adopt only portions of a proposed act and modify it to suit their specific circumstances or to mollify certain interest groups. Never underestimate the power of local lobbyists.

Apropos, here is a rundown of their myriad committees they have working on various legal issues, from the ABA, to accessing of personal data, to cybercrime, to debt collection, to death, to healthcare, to online sales taxes, and on, and on, and on. https://www.uniformlaws.org/projects/committees/all

 

[Jeline]

ULC proposing many uniform laws could be a huge step.