The Yale Law Journal

Joseph E. Simmons

Note

Reconstructing the Bankruptcy Power: An Originalist Approach

Joseph E. Simmons

The Bankruptcy Clause delimits Congress’s bankruptcy power, but its limits changed after ratification of the Thirteenth Amendment. Before, it enabled collective creditor remedies against merchant debtors; after, it provided relief to insolvent debtors threatened by economic oppression. Recognizing t…