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04/20/2017

Gregory Maggs: A Concise Guide to the Articles of Confederation as a Source for Determining the Original Meaning of the Constitution
Michael Ramsey

Gregory E. Maggs (George Washington University Law School) has posted A Concise Guide to the Articles of Confederation as a Source for Determining the Original Meaning of the Constitution (85 Geo. Wash. L. Rev. 397 (2017)) on SSRN.  Here is the abstract

Judges and scholars often refer to the Articles of Confederation when making claims about the original meaning of the United States Constitution. To help readers understand and evaluate such claims, this piece describes the formation and content of the Articles of Confederation and explains four ways in which the Articles may provide evidence of the original meaning of the Constitution. The two appendices to this piece contain an annotated copy of the Articles of Confederation and a table linking provisions of the Constitution to their antecedents in the Articles.

This is another in Professor Maggs' useful series that also includes examinations of Founding-era dictionaries, the records of the Philadelphia Convention, and the ratification debates.