This Day in Legal History: Articles of Confederation Adopted
On November 15, 1777, the Continental Congress formally adopted the Articles of Confederation, establishing the first constitutional framework for the United States. Crafted during the Revolutionary War, the Articles aimed to unify the thirteen colonies under a single government while preserving their independence and sovereignty. This early governing document reflected deep fears of centralized authority, granting Congress limited powers such as conducting foreign diplomacy, declaring war, and managing relations with Native American tribes. However, it lacked crucial mechanisms for enforcement, taxation, and regulating interstate commerce.
Under the Articles, each state retained significant autonomy, with Congress functioning as a weak central body unable to compel states to contribute financially or militarily. Unanimous consent from all states was required to amend the Articles, which proved a significant obstacle to addressing its shortcomings. These limitations became increasingly evident in the post-war period, as the fledgling nation struggled with economic disarray, unpaid war debts, and internal unrest such as Shays' Rebellion.
The Articles served as a critical stepping stone in American constitutional development, highlighting the need for a more robust federal system. In 1787, the Constitutional Convention convened to replace the Articles, ultimately resulting in the U.S. Constitution, which created a stronger, more balanced federal government. Despite its shortcomings, the Articles of Confederation represented a bold experiment in democratic governance and the principle of federalism that continues to shape the nation's identity.
Continuing the procession of unqualified and ill-equipped appointees, President-elect Donald Trump has nominated members of his criminal defense team for key positions in the Justice Department, including Todd Blanche as deputy attorney general. Blanche, a former Cadwalader attorney, is currently defending Trump in federal cases related to attempts to overturn the 2020 election and the mishandling of classified documents. Prior to representing Trump, Blanche was best known for defending Paul Manafort, Trump’s former campaign chairman, who was convicted of tax and bank fraud in connection with consulting work for pro-Russian Ukrainian politicians.
Blanche's nomination marks a significant appointment, as the deputy attorney general oversees the Justice Department’s daily operations and investigative agencies like the FBI. Trump also nominated John Sauer, who argued successfully for broad presidential immunity in a 2020 election-related case, as solicitor general. Former Representative Matt Gaetz has been nominated for attorney general, signaling Trump’s intent to place loyal defenders in top positions. Emil Bove, another member of Trump’s legal team, has been tapped to serve as Blanche’s acting deputy during the confirmation process.
These appointments underscore Trump’s aim to reshape the Justice Department amid ongoing scrutiny of investigations into him and his associates. All nominations require Senate confirmation but if you have retained faith in our institutions to keep bozos out of office, I have a bridge I’d love to sell you.
Trump Picks Trio of His Lawyers for Top Justice Positions (3)
Trump picks his defense lawyers for top Justice Department posts | Reuters
The Palm Springs city council has unanimously approved a $5.9 million reparations package for former residents of Section 14, a predominantly Black neighborhood demolished in the 1960s for commercial development. In addition to this settlement, the city plans to allocate $21 million toward housing and small business initiatives aimed at supporting the affected residents and their descendants.
The Section 14 neighborhood also housed Latino families and other immigrants, many of whom have long sought recognition and compensation for their forced displacement. The settlement will provide payments to over 1,200 former residents and descendants, amounting to approximately $4,000 per person after legal fees. As part of the agreement, recipients must sign waivers releasing further claims against the city.
Palm Springs Mayor Jeffrey Bernstein acknowledged the limits of financial restitution, describing the reparations as a symbolic step toward addressing past injustices. Advocacy groups like Section 14 Survivors and civil rights attorneys representing the displaced view the settlement as an important acknowledgment of the city’s role in the destruction of the community.
This initiative joins a small but growing number of reparations efforts in the U.S., such as Los Angeles County's 2022 return of prime beachfront property to the descendants of an African-American couple unjustly stripped of their land.
California resort town of Palm Springs approves race reparations package | Reuters
A federal appeals court has upheld the dismissal of a lawsuit brought by a Texas student, B.W., who alleged he was bullied for being white and a supporter of Donald Trump. The 5th U.S. Circuit Court of Appeals split 9-9, which let a lower court’s decision stand. B.W. argued that from grades 8 through 10, he faced harassment, including being called "Whitey" by a teacher, having a meme made of him as a Ku Klux Klansman, and being ostracized for his political and religious beliefs. He claimed the school district violated Title VI of the Civil Rights Act of 1964, which prohibits racial discrimination in federally funded education programs.
A prior panel had ruled that B.W.'s allegations were primarily tied to his ideological beliefs, which Title VI does not cover, and the evenly split rehearing reaffirmed this. Conservative judges, including Trump appointee James Ho, dissented, asserting that B.W. plausibly faced severe racial harassment because of his whiteness. However, the majority of judges noted that ideological bullying does not qualify as racial discrimination under Title VI.
B.W.’s lawyer has indicated plans to appeal to the U.S. Supreme Court, citing the importance of protecting students from discrimination regardless of race, religion, or political beliefs. The case highlights ongoing debates over the scope of federal anti-discrimination laws.
Bullied Trump-supporting white student can't sue for race discrimination | Reuters
In a piece I wrote for Forbes today, I make the argument that eliminating the electric vehicle (EV) tax credit would be a disaster for American manufacturers and, ultimately, consumers.
President-elect Donald Trump’s plan to eliminate the $7,500 EV tax credit threatens significant setbacks for the U.S. automotive industry, innovation, and environmental goals. The credit has played a vital role in making EVs affordable and driving their adoption, helping U.S. automakers remain competitive in a global market heavily supported by subsidies in countries like China and the EU. Without it, American automakers could struggle to compete against lower-cost foreign EVs while managing the high expenses of research and development.
The policy could exacerbate issues already created by recent changes to R&D tax rules, which have limited immediate expensing for innovation costs. Combined, these moves could raise EV prices, reduce demand, and stifle the momentum of U.S. automakers like Ford and GM as they work to electrify their fleets. The decision may inadvertently benefit Tesla, whose cost advantages and market dominance could allow it to weather the loss, but other manufacturers, including smaller startups like Rivian and Lucid, may falter.
Beyond economic consequences, removing the credit could slow the transition to clean transportation, impeding progress on reducing greenhouse gas emissions from one of the largest polluting sectors. The EV tax credit has been instrumental in fostering innovation, supporting high-quality jobs, and positioning the U.S. as a global leader in EV technology. Eliminating it risks conceding that leadership and undermining a vital segment of the future economy.
Eliminating The Electric Vehicle Tax Credit Would Be A Huge Mistake
This week’s closing theme is by Ludwig van Beethoven
This week’s closing theme comes from one of the most towering figures in classical music. Renowned for his symphonies, sonatas, and concertos, Beethoven’s influence extends beyond music into the cultural consciousness of resilience and innovation. Born in Bonn, Germany, in 1770, Beethoven overcame immense personal challenges, including progressive hearing loss, to create works of unparalleled emotional depth and complexity. His compositions bridged the Classical and Romantic eras, making him a symbol of human creativity and perseverance.
One of Beethoven’s lesser-known yet fascinating works is The Ruins of Athens, composed in 1811 as incidental music for a play by August von Kotzebue. Written to celebrate the opening of a new theater in Pest, Hungary (modern-day Budapest), the piece reflects Beethoven's enthusiasm for themes of cultural revival and enlightenment. The play itself portrays Athena, the goddess of wisdom, returning to find her city in ruins, only to witness its eventual rebirth—a story that resonated with Beethoven's own ideals of progress and renewal.
The music is both dramatic and celebratory, featuring memorable melodies and rhythms that evoke the grandeur of ancient Greece. One of its most famous sections, the Turkish March, showcases Beethoven’s playful side, incorporating exotic, percussion-driven elements inspired by Ottoman military music. The Ruins of Athens is an example of Beethoven’s ability to compose across genres, crafting music that serves a narrative while remaining compelling as a standalone work.
As we reflect on the themes of destruction and rebuilding in The Ruins of Athens, Beethoven reminds us of the enduring power of art to inspire hope and renewal, even in the face of adversity.
Without further ado, Ludwig van Beethoven’s The Ruins of Athens — enjoy.
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