This Article argues that rather than wait until the defects become insurmountable, we should act now to address the defects in the law of sales and enact a federal sales act to supplant Article 2 using congressional power under the Commerce Clause. Part II details the defects of Article 2 that are in need of repair, which include creating inconsistent results across the states, failing to adapt to changing trends in our modern commercial environment, and utilizing a private drafting process that fails to balance the competing interests of businesses and consumers. Part II then demonstrates that the current uniform code model cannot correct those defects due to its biased, cumbersome, and consensus-oriented amendment process. Next, Part III proposes a federal sales act to replace Article 2 and explains why a federal sales act is a practical solution for the sale of goods. Although the concept of a federal sales act is not novel, the dramatic changes in our commercial environment over the past sixty years coupled with the decline of Article 2 make a federal sales act an appropriate route to achieving a uniform, simple, and predictable body of sales law. Finally, Part IV establishes the viability of a federal sales act under the Commerce Clause, demonstrating that such an act is precisely the type of legislation intended by the clause despite recent Supreme Court rulings. Moreover, a federal sales act is consistent with the principles of federalism under which the Framers founded the United States of America.
Level Up: Employing the Commerce Clause To Federalize the Sale of Goods,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol50/iss1/4