| United States v. Bekins | |
|---|---|
 Supreme Court of the United States | |
| Decided April 25, 1938 | |
| Full case name | United States v. Bekins et al., Trustees, et al.; Lindsay-Strathmore Irrigation District v. Bekins et al., Trustees, et al. |
| Citations | 304 U.S. 27 (more) |
| Holding | |
| The federal government's bankruptcy powers can extend to state agencies without violating federalism principles. | |
| Court membership | |
| |
| Case opinions | |
| Majority | Hughes, joined by Brandeis, Stone, Roberts, Black, Reed |
| Dissent | McReynolds, joined by Butler |
| Cardozo took no part in the consideration or decision of the case. | |
| Laws applied | |
| Bankruptcy Clause | |
United States v. Bekins, 304 U.S. 27 (1938), was a United States Supreme Court case in which the court held that the federal government's bankruptcy powers can extend to state agencies without violating federalism principles.
Significance
Two year earlier, the court invalidated the Municipal Bankruptcy Act of 1934 in Ashton v. Cameron County Water Improvement District No. 1, emphasizing concerns over federalism. In response, Congress passed a revised Municipal Bankruptcy Act in 1936 that emphasized the autonomy of states in the bankruptcy process. Bekins upheld the revised statute. Bekins did not explicitly overrule Ashton; instead, it said the statute's respect for federalism was constitutionally adequate.
In dissent, Justice McReynolds (who wrote Ashton) said that Ashton ought to have applied in this case as well.
References
- ^ United States v. Bekins, 304 U.S. 27 (1938).
- Lieberman, Jethro K. (1999). "Bankruptcy". A Practical Companion to the Constitution. p. 65.
- "Chapter 9 - Bankruptcy Basics". United States Courts. Retrieved 2024-12-13.
External links
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