Fred H. Miller

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The first meeting of what was to become the National Conference of Commissioners on Uniform State Laws ("NCCUSL") was held on August 24, 1892, at Saratoga Springs, New York. The purpose was to explore methods for obtaining uniformity of state legislation to compliment what could be accomplished on the federal level. At this date, the Conference perceived that the power of the federal government was severely limited in dealing with many matters of state concern, and a viable alternative to attempting to obtain state laws to cover such. matters through agreement among the several states, a task many perceived almost insuperable, was sought.

One hundred years later, one may ponder whether the alternative that developed, which became NCCUSL, is any longer necessary now that the power of the federal government is virtually unrestrained, or whether it is desirable, since it would seem far easier to achieve uniformity in one enactment on the federal level, and other reasons for acting at the federal level may exist as well. Since we deal here with the Uniform Commercial Code ("U.C.C." or "Code"), the discussion will be limited to that statute, although it is probable that the analysis may be extended more broadly.