The Marshall Court (1801–35)


The Marshall Court upheld a federal bankruptcy law in what decision?

The Marshall Court ruled in United States v. Fisher (1805) that Congress had the authority to pass the Bankruptcy Act of 1801, which gave the federal government first priority to obtain monies from debtors in insolvency cases vis-à-vis other creditors. Chief Justice Marshall explained that the measure was justified by the Necessary and Proper Clause and the Supremacy Clause in the U.S. Constitution.


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