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''Sturges v. Crowninshield'', 17 U.S. (4 Wheat.) 122 (1819), dealt with the constitutionality of New York creating bankruptcy laws and retroactively applying those laws. ==First issue== This case decided whether state bankruptcy laws violated the provision in Article I, Section 8 of the Constitution giving Congress the power "to establish...uniform laws on the subject of bankruptcies throughout the United states". This was a power which Congress exercised in the Bankruptcy Act of 1800, the first federal bankruptcy law in American history. Were the states restricted from passing bankruptcy laws of their own?〔p. 118〕 Chief Justice Marshall stated in the opinion: Chief Justice Marshall's answer to this question was not very clear. In Ogden v. Saunders, eight years later, Justice Johnson explained why the ruling was so vague: In other words, the Republican judges wanted to retain all state bankruptcy laws and the Federalists wanted to abolish them all. Minority Republicans agreed on the best bargain they could by agreeing to sacrifice the New York law if the rest were not deemed unconstitutional.〔Bates, p. 119〕 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Sturges v. Crowninshield」の詳細全文を読む スポンサード リンク
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