History "lite" in modern American constitutionalism

Article Abstract:

The body of historical work on the US constitutional period has become sufficiently rich that constitutional legal scholars should no longer rely on generalizations and limited source materials to inform their discussions of intent of the Framers of the Constitution. Many legal scholars are guilty of the misuse of history and the reliance on English and European thought during the period instead of considering American theorists. Assumptions that early Americans were of a single mind on republican government and the Constitution demonstrate the failure to draw on the work of historians.

Usage, United States history, Constitutional history

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Equal citizens of equal and territorial states: the constitutional foundations of choice of law

Article Abstract:

Choice-of-law rules, which are concerned with allocation of authority among states, should be derived from constitutional principles. The relevant principles are equality of citizens, equality of states and territorial allocation of authority among states. Preference for local citizens, local law or better law, which forms the basis for much current choice-of-law method, is unconstitutional. Specific choice-of-law rules should be developed and enforced at the federal level.

Standards, Conflict of laws, Interstate relations

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The apportionment of "direct taxes": are consumption taxes constitutional?

Article Abstract:

Federal legislators considering proposals for a direct consumption or flat tax should consider the constitutional implications of such a tax. The Sixteenth Amendment apportionment rule applicable to direct taxes should apply to the proposed direct consumption tax. Sales or value-added taxes are indirect taxes which would not be subject to apportionment. The constitutionality of tax proposals should be addressed before enactment.

Laws, regulations and rules, Consumption taxes, Taxing power

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