The Constitution of the United States of America: Analysis and Interpretation: Annotations of Cases Decided by the Supreme Court of the United States to June 30, 1952
History
The Constitution of the United States of America: Analysis and Interpretation: Annotations of Cases Decided by the Supreme Court of the United States to June 30, 1952
Constitutional law -- United States; Constitutions -- United States
Prior to 1898 Congress exercised the power to establish "uniform laws on
the subject of bankruptcies" only very intermittently. The first
national bankruptcy law was not enacted until 1800 to be repealed in
1803; the second was passed in 1841 and repealed two years later; the
third was enacted in 1867 and repealed in 1878.[1102] Thus during the
first 89 years under the Constitution a national bankruptcy law was in
existence only sixteen years altogether. Consequently the most important
problems of interpretation which arose during that period concerned the
effect of this clause on State law. The Supreme Court ruled at an early
date that in the absence of Congressional action the States may enact
insolvency laws since it is not the mere existence of the power but
rather its exercise which is incompatible with the exercise of the same
power by the States.[1103] Later cases were to settle further that the
enactment of a national bankruptcy law does not invalidate State laws in
conflict therewith but serves only to relegate them to a state of
suspended animation with the result that upon repeal of the national
statute they again come into operation without reenactment.[1104]
CONSTITUTIONAL STATUS OF STATE INSOLVENCY LAWS
A State is, of course, without power to enforce any law governing
bankruptcies which impairs the obligation of contracts,[1105] extends to
persons or property outside its jurisdiction,[1106] or conflicts with
the national bankruptcy laws.[1107] Giving effect to the policy of the
federal statute, the Supreme Court has held that a State statute
regulating the distribution of property of an insolvent was suspended by
that law,[1108] and that a State court was without power to proceed with
pending foreclosure proceedings after a farmer-debtor had filed a
petition in the federal bankruptcy court for a composition or extension
of time to pay his debts.[1109] A State law governing fraudulent
transfers was found to be compatible with the act of Congress,[1110] as
was a statute which provided that a discharge in bankruptcy should be
unavailing to terminate the suspension of the driver's license of a
person who failed to pay a judgment rendered against him for damages
resulting from his negligent operation of a motor vehicle.[1111] If a
State desires to participate in the assets of a bankrupt it must submit
to the appropriate requirements of the Bankruptcy Court with respect to
the filing of claims by a designated date; it cannot assert a claim for
taxes by filing a demand therefor at a later date.[1112]
Clauses 5 and 6. _The Congress shall have Power_ * * * To coin Money,
regulate the Value thereof, and of foreign Coin, and fix the Standard of
Weights and Measures.
* * * To provide for the Punishment of counterfeiting the Securities and
current Coin of the United States.
Fiscal and Monetary Powers of Congress
COINAGE, WEIGHTS AND MEASURES
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