central virginia community college et al katz liquidating supervisor wallace bookstores argued october decided january bankruptcy clause art cl empowers congress establish uniform laws subject bankruptcies throughout tennessee student assistance corporation hood without reaching question whether clause gives congress authority abrogate immunity private suits see upheld application bankruptcy code et proceedings initiated debtor state agency determine dischargeability student loan debt see case proceeding commenced respondent bankruptcy trustee avoid recover alleged preferential transfers debtor petitioner state agencies agencies claim proceeding barred sovereign immunity bankruptcy denied petitioners motions dismiss ground district sixth circuit affirmed based circuit prior determination congress abrogated sovereign immunity bankruptcy proceedings held bankruptcy trustee proceeding set aside debtor preferential transfers state agencies barred sovereign immunity pp bankruptcy clause history reasons adopted legislation proposed enacted immediately following ratification demonstrate intended grant legislative authority congress also authorize limited subordination state sovereign immunity bankruptcy arena although statements seminole tribe florida reflect assumption case holding apply clause careful study reflection convince assumption erroneous bound follow dicta prior case point issue fully debated cohens virginia wheat pp whether choose participate bound bankruptcy order discharging debtor less creditors hood petitioners like state agency parties hood conceded much see history discharges bankruptcy proceedings demonstrates concessions hood holding correct framers primary goal adopting clause prevent competing sovereigns interference discharge patchwork wildly divergent uncoordinated insolvency bankruptcy laws existed american colonies resulted one jurisdiction imprisoning debtors discharged prison debts another jurisdiction absence extensive debate convention clause text insertion constitution indicates general agreement importance authorizing uniform federal response problems injustice system created pp bankruptcy jurisdiction understood today framing principally rem see hood thus implicate sovereignty nearly degree kinds jurisdiction see framers understood bankruptcy clause grant power enact laws entire subject bankruptcies include laws providing certain limited respects simple adjudications rights res courts adjudicating disputes concerning bankrupts estates historically power issue ancillary orders enforcing rem adjudications see interplay rem adjudications orders ancillary thereto also evident case whether actions properly characterized rem crafted bankruptcy clause understood give congress power authorize courts avoid preferential transfers recover transferred property pp insofar orders ancillary bankruptcy courts rem jurisdiction like orders directing turnover preferential transfers implicate sovereign immunity suit agreed plan constitutional convention assert immunity evidenced bankruptcy clause history also legislation considered enacted immediate wake constitution ratification example bankruptcy act specifically granted federal courts habeas authority release debtors state prisons time state sovereign immunity preeminent among nation concerns yet appears record objection grant based infringement sovereign immunity history demonstrates power enact bankruptcy legislation understood carry power subordinate state sovereignty albeit within limited sphere pp need consider question hood left open whether congress attempt abrogat state sovereign immunity valid relevant question abrogation whether congress determination amenable preferential transfer proceedings within scope power enact laws subject bankruptcies beyond peradventure congress power option either treat way creditors exempt operation bankruptcy laws arises clause relevant abrogation one effected plan convention statute pp fed appx affirmed stevens delivered opinion souter ginsburg breyer joined thomas filed dissenting opinion roberts scalia kennedy joined central virginia community college et petitioners bernard katz liquidating supervisor wallace bookstores writ certiorari appeals sixth circuit january justice stevens delivered opinion article cl constitution provides congress shall power establish uniform laws subject bankruptcies throughout tennessee student assistance corporation hood granted certiorari determine whether clause gives congress authority abrogate immunity private suits see without reaching question upheld application bankruptcy code proceedings initiated debtor state agency determine dischargeability student loan debt see case consider whether proceeding initiated bankruptcy trustee set aside preferential transfers debtor state agencies barred sovereign immunity relying part reasoning hood reject sovereign immunity defense advanced state agencies petitioners virginia institutions higher education considered arm state entitled sovereign immunity see alden maine observing arms state assert state immunity wallace bookstores business petitioners filed petition relief chapter bankruptcy code et seq ed supp iii bankruptcy eastern district kentucky respondent bernard katz liquidating supervisor bankrupt estate commenced proceedings bankruptcy pursuant avoid recover alleged preferential transfers petitioners made debtor petitioners motions dismiss proceedings basis sovereign immunity denied bankruptcy denial affirmed district appeals sixth circuit authority sixth circuit prior determination congress abrogated sovereign immunity bankruptcy proceedings see hood tennessee student assistance corporation hood granted certiorari consider question left open opinion hood whether congress attempt abrogate state sovereign immunity valid shall explain however persuaded enactment provision necessary authorize bankruptcy jurisdiction preference avoidance proceedings bankruptcy jurisdiction core rem see gardner new jersey whole process proof allowance distribution shortly speaking adjudication interests claimed res noted hood implicate sovereignty nearly degree kinds jurisdiction see citing admiralty bankruptcy cases true century today jurisdiction courts adjudicating rights bankrupt estate included power issue compulsory orders facilitate administration distribution res appropriate presume framers constitution familiar contemporary legal context adopted bankruptcy provision explain part iv infra reflects acquiescence grant congressional power subordinate pressing goal harmonizing bankruptcy law sovereign immunity defenses might asserted bankruptcy proceedings history bankruptcy clause reasons inserted constitution legislation proposed enacted auspices immediately following ratification constitution demonstrate intended grant legislative authority congress also authorize limited subordination state sovereign immunity bankruptcy arena foremost minds adopted clause intractable problems mention injustice created one state imprisoning debtors discharged prison debts another state discussed remedy problem first congresses considered sixth congress enacted bankruptcy legislation authorizing federal courts among things issue writs habeas corpus directed state officials ordering release debtors state prisons acknowledge statements majority dissenting opinions seminole tribe florida reflected assumption holding case apply bankruptcy clause see also hoffman connecticut dept income maintenance concurring careful study reflection convinced us however assumption erroneous reasons stated chief justice marshall cohens virginia wheat bound follow dicta prior case point issue fully debated see maxim disregarded general expressions every opinion taken connection case expressions used go beyond case may respected control judgment subsequent suit point presented decision ii critical features every bankruptcy proceeding exercise exclusive jurisdiction debtor property equitable distribution property among debtor creditors ultimate discharge gives debtor fresh start releasing liability old debts see local loan hunt longstanding precedent whether choose participate proceeding bound bankruptcy discharge order less creditors hood petitioners like state agencies parties hood conceded much see noting concession generally bound bankruptcy discharge order tr oral arg history discharges bankruptcy proceedings demonstrates state agencies concessions hood holding correct term discharge historically dual meaning referred release debts release debtor prison indeed earliest english statutes governing bankruptcy insolvency authorized discharges persons debts one statute enacted entitled act discharging poor prisoners unable satisfy creditors see acts ordinances interregnum pp firth rait eds stated purpose act discharge person debtor imprisonment ibid english parliament extend discharge traders merchants include release debts see ch providing upon compliance statute every person persons becoming bankrupt shall discharged debts due owing time become bankrupt see also mccoid discharge important development bankruptcy history bankr well century imprisonment debt still ubiquitous american colonies bankruptcy insolvency laws remained much concerned ensuring full satisfaction creditors relatedly preventing debtors flight parts securing new beginnings debtors illustrative bankruptcy laws harsh treatment debtors period debtors often fared worse common criminals prison unfortunate insolvents unlike criminals forced provide food fuel clothing behind bars see mann republic debtors bankruptcy age american independence common imprisonment american colonies later several wildly divergent schemes discharging debtors debts consistency among debt laws eighteenth century every colony later every state permitted imprisonment debt mesne process execution judgment least four jurisdictions offered relief private acts legislatures see railway labor executives assn gibbons acts released debtors prison upon surrender property many coupled release prison discharge debts jurisdictions enacted general laws providing release prison places discharge debt others still granted release prison exchange indentured servitude jurisdictions provided relief debtor see generally coleman debtors creditors america insolvency imprisonment debt bankruptcy difficulties posed patchwork insolvency bankruptcy laws peculiar american experience england one sovereign single discharge protect debtor jailer creditors two cases one litigated constitutional convention philadelphia one litigated demonstrate however uncoordinated actions multiple sovereigns laying claim debtor body effects according different rules rendered impossible neat solution side atlantic first case james allen dall phila cty jared ingersoll attorney year later become delegate philadelphia represented pennsylvania creditor seeking recovery debtor released prison new jersey shortly release debtor traveled pennsylvania arrested nonpayment pennsylvania debt seeking release pennsylvania prison argued debt discharged new jersey ingersoll responded order granting relief new jersey insolvency laws discharged person debtor arrest within state new jersey agreed whatever effect order might new jersey said goes discharge debtor imprisonment gaol essex county state new jersey fullest obedience paid authorize subsequent discharge imprisonment another gaol another state observed nsolvent laws subsist every state union probably different even bankrupt laws england subjects country never supposed extend exempt persons bankrupts arrested second case millar hall dall decided year philadelphia convention ingersoll found arguing principle announced james client debtor named hall discharged insolvent law state maryland nature general bankrupt cy law prior discharge hall incurred debt pennsylvanian named millar hall neglected mention debt schedule creditors presented maryland personally notify millar looming discharge following maryland order hall traveled pennsylvania promptly arrested unpaid debt millar responding millar counsel argument holding james controlled ingersoll urged adoption rule discharge defendant one state sufficient discharge debtor every state absent rule ingersoll continued perpetual imprisonment must lot every man fails hope retrieving losses honest industrious pursuits cut unfortunate bankrupt ibid accepted argument allowing creditor execute upon debtor person state discharged explained giving superiority creditors affording double satisfaction wit proportionable dividend property imprisonment person indeed debtor already obliged surrender effects permit taking person attempt compel perform impossibility pay debt deprived every means payment attempt least amount perpetual imprisonment unless benevolence friends interfere discharge account ibid two cases illustrate backdrop bankruptcy clause adopted james millar debtors argued earlier discharge given preclusive effect pursuant full faith credit clause articles confederation see james millar possibility subject discussion constitutional convention proposal encompass legislative acts insolvency laws particular within coverage full faith credit clause constitution committed committee together proposal establish uniform laws upon subject bankruptcies respecting damages arising protest foreign bills exchange see nadelmann origin bankruptcy clause legal hist see also plank constitutional limits bankruptcy rev days proposal taken advisement committee detail reported recommended adding power establish uniform laws upon subject naturalization clause later became article convention adopted committee recommendation little debate two days later roger sherman connecticut alone voted apparently concerned authorize congress impose upon american citizens ultimate penalty debt effect england death see madison notes debates federal convention ohio univ press ed absence extensive debate text bankruptcy clause insertion indicates general agreement importance authorizing uniform federal response problems presented cases like james iii bankruptcy jurisdiction understood today time framing principally rem jurisdiction see hood hanover nat bank moyses new lamp chimney ansonia brass copper bankruptcy jurisdiction premised debtor estate creditors hood exercise usual case interfere state sovereignty even interests affected see text article cl constitution however provides congress shall power establish uniform laws subject bankruptcies throughout although interest avoiding unjust imprisonment debt making federal discharges bankruptcy enforceable every state primary motivation adoption provision coverage encompasses entire subject bankruptcies power granted congress clause unitary concept rather amalgam discrete segments framers understood laws subject bankruptcies included laws providing certain limited respects simple adjudications rights res first bankruptcy statute example gave bankruptcy commissioners appointed district power inter alia imprison recalcitrant third parties possession estate assets see bankruptcy act stat repealed generally courts adjudicating disputes concerning bankrupts estates historically power issue ancillary orders enforcing rem adjudications see blackstone commentaries laws england noting assignees bankrupt property counterparts today bankruptcy trustees pursue legal method recovering debtor property vested pursue methods equity consent creditors plank discussing state insolvency bankruptcy laws century empowering courts recover preferential transfers see also ex parte christy story describing bankruptcy jurisdiction act broad terms wright union central life ins defining bankruptcy relations insolvent nonpaying fraudulent debtor creditors extending emphasis added decision hood illustrates point dissenters case pointed least arguable particular procedure debtor pursued establish dischargeability student loan characterized suit state rather purely rem proceeding see writ habeas corpus act upon prisoner seeks relief upon person holds alleged unlawful custody interplay rem adjudications orders ancillary thereto evident case us respondent first seeks determination various transfers made debtor petitioners qualify voidable preferences determination standing alone operates mere declaration avoidance declaration may trustee wants example state claim bankrupt estate avoidance determination operates bar claim preference turned see cases though trustee order marshal entirety debtor estate need recover subject transfer pursuant order mandating turnover property although ancillary furtherance rem jurisdiction might involve personam process explain part iv infra necessary decide whether actions recover preferential transfers pursuant properly characterized whatever appropriate appellation crafted bankruptcy clause understood give congress power authorize courts avoid preferential transfers recover transferred property petitioners dispute authority core aspect administration bankrupt estates since least century see rust cooper cowp eng alderson temple black eng see also mccoid bankruptcy preferences efficiency expression doubt rev discussing english precedents dating back sir edward coke discussion case bankrupts eng addressing bankruptcy commissioners power avoid preferences dehon bkrtcy mass collecting historical materials like authority issue writs habeas corpus releasing debtors state prisons see part iv infra operates free clear state claim sovereign immunity iv insofar orders ancillary bankruptcy courts rem jurisdiction like orders directing turnover preferential transfers implicate sovereign immunity suit agreed plan convention assert immunity much evidenced history bankruptcy clause shows framers primary goal prevent competing sovereigns interference debtor discharge see part ii supra also legislation considered enacted immediate wake constitution ratification congress considered proposed legislation establishing uniform federal bankruptcy laws first succeeding congress first bankruptcy act passed see warren bankruptcy history first session congress necessary subjects legislation considered bankruptcy one subjects early june committee house named prepare bankruptcy bill bankruptcy act many respects copy english bankruptcy statute force like english law chiefly measure designed benefit creditors like english statute principal provisions permitted bankruptcy commissioners appointment federal district arrest debtor see stat cause doors bankrupt broken seize collect debtor assets examine debtor individuals might possession debtor property issue certificate discharge estate distributed american legislation differed slightly english however difference reflects uniqueness system involving multiple sovereigns concerns lay core bankruptcy clause english statute gave judge sitting debtor obtained discharge power order sheriff bailiff officer gaoler keeper prison release bankrupt custody arrested subsequent discharge geo ch american version provision worded differently specifically granted federal courts authority issue writs habeas corpus effective release debtors state prisons see stat see also comstock cas observing bankruptcy act repealed granted federal power issue writ habeas corpus release debtor state prison arrested following bankruptcy discharge grant habeas power remarkable least another years ratification fourteenth amendment writ made generally available state prisoners see ex parte royall moreover provision act granting power considered adopted period state sovereign immunity hardly prominent among nation concerns chisholm georgia dall case shock ed country lack regard state sovereign immunity principality monaco mississippi decided ensuing five years culminated adoption eleventh amendment rife discussion sovereignty amenability suit yet appears record objection bankruptcy legislation grant habeas power federal courts based infringement sovereign immunity see haines history strongly supports view bankruptcy clause article source congress authority effect intrusion upon state sovereignty simply contravene norms understood eleventh amendment exemplify cf blatchford native village noatak understood eleventh amendment stand much says presupposition constitutional structure confirms petitioners ignoring history contend nothing words bankruptcy clause evinces intent part framers alter background principle state sovereign immunity seminole tribe specifically deny word uniform clause implies anything immunities congress power interfere immunities see brief petitioners whatever merits petitioners misses point text aside framers adopting bankruptcy clause plainly intended give congress power redress rampant injustice resulting refusal respect one another discharge orders demonstrated first congress immediate consideration sixth congress enactment provision granting federal courts authority release debtors state prisons power enact bankruptcy legislation understood carry power subordinate state sovereignty albeit within limited sphere ineluctable conclusion agreed plan convention assert sovereign immunity defense might proceedings brought pursuant laws subject bankruptcies see blatchford observing state subject suit federal unless consented suit either expressly alden maine scope consent limited jurisdiction exercised bankruptcy proceedings chiefly rem narrow jurisdiction implicate state sovereignty nearly degree kinds jurisdiction principal focus bankruptcy proceedings always res exercises bankruptcy courts powers issuance writs habeas corpus included unquestionably involved mere adjudication rights res ratifying bankruptcy clause acquiesced subordination whatever sovereign immunity might otherwise asserted proceedings necessary effectuate rem jurisdiction bankruptcy neither decision hood held assert sovereign immunity defense adversary proceedings brought adjudicate dischargeability student loans cases upon relied see gardner van huffel harkelrode rested statement congress made subject state sovereign immunity decision today relevant question whether congress abrogated immunity proceedings recover preferential transfers see question rather whether congress determination amenable proceedings within scope power enact laws subject bankruptcies think beyond peradventure congress may option either treat way creditors insofar concerns laws subject bankruptcies exempt operation laws power arises bankruptcy clause relevant abrogation one effected plan convention statute judgment appeals sixth circuit affirmed ordered central virginia community college et petitioners bernard katz liquidating supervisor wallace bookstores writ certiorari appeals sixth circuit january justice thomas chief justice justice scalia justice kennedy join dissenting constitution subject suit private parties monetary relief absent consent valid congressional abrogation settled doctrine nothing article constitution establishes preconditions alden maine yet majority today casts aside principles hold subject suit rather unlikely class individuals bankruptcy trustees seeking recovery preferential transfers bankrupt debtor estate conclusion justified text structure history constitution addition today ruling impossible square settled state sovereign immunity jurisprudence also impossible reach without overruling judgment hoffman connecticut dept income maintenance majority maintains consent suit ascertained history bankruptcy clause history confirms adoption constitution merely established federal power legislate area bankruptcy law manifest additional intention waive sovereign immunity suit accordingly respectfully dissent majority appear question established framework examining question state sovereign immunity constitution framers understood reiterated century ago hans louisiana inherent nature sovereignty amenable suit individual without consent general sense general practice mankind exemption one attributes sovereignty enjoyed government every state union unless therefore surrender immunity plan convention remain quoting federalist pp cooke ed emphasis added deleted hereinafter federalist see also ex parte new york state may sued without consent fundamental rule jurisprudence important bearing upon construction constitution become established repeated decisions entire judicial power granted constitution embrace authority entertain suit brought private parties state without consent given seminole tribe florida principles reinforced early nation history people swiftly rejected decision chisholm georgia dall ratifying eleventh amendment less two years later see hans supra reid covert thus century since hans reaffirmed federal jurisdiction suits unconsenting contemplated constitution establishing judicial power seminole tribe supra quoting hans supra see also seminole tribe supra collecting cases majority finds surrender immunity suit article constitution authorizes congress establish uniform laws subject bankruptcies throughout cl nothing text bankruptcy clause suggests abrogation limitation sovereign immunity indeed noted numerous occasions eleventh amendment restricts judicial power article iii article used circumvent constitutional limitations placed upon federal jurisdiction seminole tribe supra settled doctrine neither substantive federal law attempted congressional abrogation article bars state raising constitutional defense sovereign immunity federal alden supra see also kimel florida bd regents board trustees univ garrett specifically applied settled doctrine bar abrogation state sovereign immunity various clauses within article see seminole tribe supra interstate indian commerce clauses florida prepaid postsecondary ed expense bd college savings bank patents clause difficult discern intention abrogate state sovereign immunity bankruptcy clause intention found clauses article indeed cases replete acknowledgments nothing special bankruptcy clause regard see seminole tribe see also stevens dissenting confronting question whether federal grant jurisdiction within scope article iii limited eleventh amendment see reason distinguish among statutes enacted pursuant power granted congress regulate commerce among several indian tribes power establish uniform laws subject bankruptcy power promote progress science arts granting exclusive rights authors inventors citations omitted stevens dissenting hoffman scalia concurring judgment today decision thus reconciled established sovereign immunity jurisprudence majority purport overturn majority departure precedents limited general framework however majority also overrules sub silentio holding hoffman supra petitioner hoffman like respondent katz sought pursue preference avoidance action state agency pursuant plurality opinion joined four members held eleventh amendment immunity barred suit congress failed enact legislation sufficient abrogate immunity expressed view whether congress possessed constitutional power hoffman supra justice scalia concurred judgment arguing need examine statute bankruptcy clause empower congress enact legislation abrogating state sovereign immunity see see also ibid concurring agree justice scalia congress may abrogate eleventh amendment immunity enacting statute bankruptcy clause thus majority hoffman agreed preference action bankruptcy state agency barred sovereign immunity minimum absent state consent overcoming immunity require clearer statutory abrogation congress today decision however hoffman longer stand today decision makes clear action congress needed bankruptcy clause manifests consent sued ante ii majority supports break precedent relying historical evidence purportedly reveals framers intent eliminate state sovereign immunity bankruptcy proceedings ante framers undoubtedly wanted give congress authority enact national law bankruptcy text bankruptcy clause confirms majority goes contending framers found intolerable bankruptcy laws vary state state demanded enactment single uniform national body bankruptcy law ante majority concludes achieve uniform national bankruptcy law framers must intended waive sovereign immunity suit ante claims unwarranted contending waived immunity suit adopting bankruptcy clause majority conflates two distinct attributes sovereignty authority sovereign enact legislation regulating citizens sovereign immunity suit private nothing history bankruptcy clause suggests including clause article founding generation intended waive latter aspect sovereignty two attributes sovereignty often run together purposes enacting uniform law bankruptcy need run together example article also empowers congress regulate interstate commerce protect copyrights patents provisions less bankruptcy clause motivated framers desire nationally uniform legislation see james madison preface debates convention reprinted farrand records federal convention pp hereinafter farrand debates noting lack national regulation commerce uniform bankruptcy law defects articles confederation farrand framing constitution noting articles confederation failed provide uniform national regulation naturalization bankruptcy copyrights patents thus recognized need uniformity construction patent law undoubtedly important florida prepaid nonetheless refused addressing patent law give need uniformity weight majority today assigns context bankruptcy instead recognizing need factor belongs article calculus rather determination whether state plea sovereign immunity deprives patentee property without due process law ibid abrogation state sovereign immunity suit necessary enactment nationally uniform bankruptcy laws sovereign immunity suit undermine objective uniform national law bankruptcy differential treatment different categories creditors cf railway labor executives assn gibbons uniformity requirement straightjacket forbids congress distinguish among classes debtors prohibit congress recognizing state laws treat commercial transactions uniform manner majority also greatly exaggerates depth framers fervor enact national bankruptcy regime idea authorizing congress enact nationally uniform bankruptcy law arise late constitutional convention began earnest may farrand debates xi convention charged committee detail putting forth comprehensive draft constitution august ibid yet convention consider language eventually became bankruptcy clause september adopted provision little debate two days later majority analysis emphasizes framers zeal enact national law bankruptcy timing difficult explain majority premise fares even worse explaining postratification period majority correctly notes practice early congresses provide valuable insight framers understanding constitution ante early practice undermines rather supports majority theory century constitution bankruptcy clause authority remained largely unexercised congress thus free act bankruptcy matters first years constitution ratified tabb history bankruptcy laws bankr inst rev congress act response major financial disaster repealed legislation instance shortly thereafter well century adoption bankruptcy clause congress adopted first permanent national bankruptcy law stat historical record thus refutes rather supports majority premise framers placed paramount importance enactment nationally uniform bankruptcy law reality first century nation history country survived without law relying instead laws several moreover majority identifies historical evidence suggesting framers early legislatures even anxious establish national bankruptcy law contemplated subject private suit creditors law fact historical record establishes framers held opposite view framers particularly grave offense state sovereignty hauled private citizen forced make payments debts alexander hamilton author federalist followed general discussion state sovereign immunity emphasizing constitution especially solicitous state sovereignty within specific context payment state debts color pretend state governments adoption plan divested privilege paying debts way free every constraint flows obligations good faith contracts nation individuals binding conscience sovereign pretension compulsive force confer right action independent sovereign purpose authorize suits debts owe recoveries enforced evident done without waging war contracting state ascribe federal courts mere implication destruction right state governments power involve consequence altogether forced unwarrantable hans quoting federalist majority attempts bolster historical argument making three additional observations bankruptcy power congress early provision habeas corpus relief bankruptcy forbid imprisonment debtor one state violation discharge order issued courts another state ante inability debtors first american colonies articles confederation enforce one state discharge order issued another state ante historical understanding bankruptcy jurisdiction principally rem ante implication specific observations bankruptcy correct must necessarily subject suit transfer recovery proceedings also bankruptcy settings ante ante none observations comes close demonstrating bankruptcy clause may sued private parties monetary availability habeas relief bankruptcy support respondent effort obtain monetary relief bankruptcy state agencies habeas writ well established time framing consistent notions sovereignty ex parte young held petition writ suit state official suit state thus offend eleventh amendment right discharge doubted never supposed suit state reason serving writ upon one officers state whose custody person found cases writ refused matter discretion others granted power fully recognized collecting cases reaffirmed young repeatedly including seminole tribe although majority observes young issued century framing enactment first bankruptcy statute ante observation nothing reconcile majority analysis young majority purport question historical underpinnings young holding availability federal habeas relief debtors state prisons thus bearing whatsoever whether bankruptcy clause authorizes suits money majority second observation framers concerned articles confederation debtors unable obtain discharge orders issued one state binding another state ante implicates nothing application full faith credit apparent majority opinion accordingly nothing state sovereign immunity suit support observation majority describes length two pennsylvania rulings issued articles confederation see james allen dall phila cty millar hall dall majority explanation makes clear problem demonstrated cases need recognition judgments state courts disregard state sovereign immunity suit federal courts james millar involved litigation private debtor private creditor cases creditor filed suit pennsylvania enforce debt cases debtor sought failed obtain recognition judgment discharge previously entered another state ante accordingly unsurprising issue bankruptcy arose constitutional convention also within context full faith credit see ante majority correctly points framers plainly intended give congress power redress rampant injustice resulting refusal respect one another discharge orders ante redress rampant injustice turned entirely binding state courts respect discharge orders sister full faith credit clause authorization private suits finally majority observes bankruptcy power principally exercised rem jurisdiction ante fact certain aspects bankruptcy power may characterized rem however determine whether enjoy sovereign immunity rem suits certainly answer question presented case whether bankruptcy clause subjects transfer recovery proceedings proceedings majority describes ancillary furtherance rem jurisdiction though necessarily rem ante two years ago held state bound bankruptcy discharge order notwithstanding state invocation sovereign immunity actions arise rem jurisdiction see tennessee student assistance corporation hood however explicitly distinguished recovery preferential transfers noting debt discharge proceedings unlike adversary proceeding bankruptcy trustee seeking recover property hands state grounds transfer voidable preference fact transfer recovery proceedings fall outside possible rem exception sovereign immunity confirmed nordic village involved similar facts bankruptcy trustee filed transfer avoidance action order recover recent payment debtor made internal revenue service tax debt see determining waived sovereign immunity rejected trustee alternative argument based rem jurisdiction explained espondent sought recover sum money dollars res rem jurisdiction attached quoting begier irs internal citations omitted emphasis deleted majority attempts evade nordic village claiming trustee case unlike one nordic village seeks alternative return preference return actual transferred ante quoting property question money practical distinction two options surely reach result nordic village accident pleading moreover hardly clear trustee nordic village failed ask return transferred ante majority cite anything support assertion see also nordic village supra trustee commenced adversary proceeding seeking recover among transfers paid irs nordic village trustee subsequently initiated proceeding recover several unauthorized transfers including transfer irs light weakness historical evidence consented sued bankruptcy proceedings majority effort recast respondent action rem understandable unconvincing one thing majority simply wanted overrule seminole tribe altogether wrong least terms disagreement transparent majority action today contrast difficult comprehend nothing text structure history constitution indicates bankruptcy clause contrast provisions article manifests consent sued private citizens respectfully dissent footnotes preferential transfer defined transfer interest debtor property benefit creditor account antecedent debt owed debtor transfer made made debtor insolvent made within days date filing petition ninety days one year date filing petition creditor time transfer insider enables creditor receive creditor receive case case chapter title transfer made creditor received payment debt extent vided provisions title respondent also instituted adversary proceedings petitioners collect accounts receivable however filed letter indicating intent pursue claims section amended provides part follows notwithstanding assertion sovereign immunity sovereign immunity abrogated governmental unit respect following sections title may hear determine issue arising respect application sections governmental units may issue governmental unit order process judgment sections federal rules bankruptcy procedure including order judgment awarding money recovery including award punitive damages term governmental unit defined include state municipality department agency instrumentality state version product revisions made wake precedents bankruptcy reform act stat contained provision indicating governmental unit defined include deemed waived sovereign immunity respect certain proceedings bankruptcy bound determinations certain provisions act notwithstanding assertion sovereign immunity decisions hoffman connecticut dept income maintenance nordic village held congress failed make sufficiently clear predecessor intent either abrogate state sovereign immunity waive federal government immunity see prompted congress enact text force see generally gibson congressional response hoffman nordic village amended section sovereign immunity bankr cannon university chicago endorsed presumption congress thoroughly familiar contemporary law enacted title ix civil rights act equally proper presume delegates constitutional convention fully aware potential injustice discussed part ii infra presented nonuniform state laws authorizing imprisonment remedy nonpayment insolvent debts imprisonment debt abolished england subject certain exceptions see debtors act ch see also cohen history imprisonment debt relation development discharge bankruptcy leg hist legislation widely acknowledged first english bankruptcy statute hen ch contained provision explaining statute needed deal growing number debtors craftily obtaining hands great substance men goods suddenly flee parts unknown time revolution three thirteen colonies laws discharging insolvents debts two relief systems alike anything spirit four ten colonies insolvency legislation either never enacted enacted never went effect remaining six colonies full relief available scattered brief periods usually ad hoc basis named insolvents coleman debtors creditors america ingersoll admitted philadelphia bar elected member continental congress serving delegate constitutional convention became member philadelphia common council served attorney general pennsylvania march death served judge district city county philadelphia among cases litigated chisholm georgia dall state georgia see ibid see also dictionary american biography committee detail created convention july prepare draft text constitution based delegates proposals course bankruptcy clause located article full faith credit clause appears article iv constitution also commerce clause see railway labor executives assn gibbons quoting federalist heritage press mean however state sovereign immunity implications bankruptcy clause necessarily mirror commerce clause indeed bankruptcy clause unique history combined singular nature bankruptcy courts jurisdiction discussed infra persuaded us ratification bankruptcy clause represent surrender sovereign immunity certain federal proceedings conclusion implicit holding tennessee student assistance corporation hood proper characterization actions clear petitioners suggest nordic village held debtor estate res includes property debtor seized creditor prior filing bankruptcy petition see also begier irs debtor subject preferential transfer provision best understood property part estate transferred commencement bankruptcy proceedings observe trustee case unlike one nordic village seeks alternative return value preference see return actual property transferred ibid see brief respondent respondent invokes rem jurisdiction bankruptcy recover section property judiciary act authorized issuance writ release held federal custody see haines uniformity power bankruptcy different bankr hereinafter haines also interim congress authorized limited issuance writ response two crises viewed sufficiently pressing warrant federal response south carolina nullification controversy imprisonment foreign national new york state years later see stat stat see also duker constitutional history habeas corpus statute made writ available citizens imprisoned actions authorized federal law statute gave federal judges power release foreign nationals imprisoned actions authorized foreign governments evidence framers intent exempt laws subject bankruptcies operation state sovereign immunity principles gleaned bankruptcy act section provided nothing contained law shall manner affect right preference prior satisfaction debts due secured provided law heretofore passed shall construed lessen impair right security money due stat congress felt need carve exception preferences undermines suggestion operating background presumption state sovereign immunity bankruptcy laws indeed one contemporary commentator read section act requiring protected priorit ies specifically given act legislature union exempt operation act provisions see cooper bankrupt law america compared bankrupt law england reprint apprehend extends give priority specifically given act legislature union english doctrine priorities favour crown extended analogy country petitioners make much precedents suggesting word uniform represents limitation rather expansion congress legislative power bankruptcy sphere see gibbons proposition constitutional requirement uniformity requirement geographic uniformity based authorities petitioners argue word uniform bankruptcy clause interpreted confer upon congress greater authority impinge upon state sovereign immunity conferred example commerce clause see brief petitioners petitioners logic persuasive although analysis rest peculiar text bankruptcy clause compared clauses article observe anything mandate enact uniform laws supports historical evidence showing agreed assert sovereign immunity proceedings brought pursuant laws subject bankruptcies congress constrained enact laws uniform application whether geographically otherwise cf gibbons federalist nos pp rossiter ed hamilton pointing uniform ity language naturalization clause appears clause article bankruptcy provision example instance framers contemplated surrender immunity plan convention one might object writ habeas corpus infringement state sovereignty understood writ nature injunction state official commence constitute suit state see ex parte young objection supported precedent today apparent framers ex parte young doctrine finally settled century framing enactment first bankruptcy statute indeed recently characterized doctrine expedient fiction necessary ensure supremacy federal law see pennhurst state school hospital halderman see also idaho coeur tribe idaho mean suggest every law labeled bankruptcy law consistent bankruptcy clause properly impinge upon state sovereign immunity cf hoffman holding earlier version congress failed make sufficiently clear intent abrogate state sovereign immunity footnotes parties hoffman likewise agreed suit barred eleventh amendment immunity absent action congress immunity suit one attributes sovereignty enjoyed government every state union federalist sovereign power legislate distinct attribute sovereignty discussed example completely separate portion federalist immunity suit see dozen years ratification constitution congress failed adopt single bankruptcy law see annals congress noting congress passed bankruptcy legislation ten years past legislated upon way statement baldwin farrand debates april sixth congress finally adopted nation first bankruptcy law ch stat even law left ample role state law contrast first congress enacted inter alia patent copyright legislation stat moreover first act congress repealed three years later stat decade later confirmed congress inattention already communicated bankruptcy clause vest exclusive power congress instead leaves ample role see sturges crowninshield wheat congress enact another bankruptcy law ch stat repeal less two years later ch economic upheaval civil war caused congress pass another bankruptcy law ch stat repealed decade ch stat sure majority opinion adds mean suggest every law labeled law consistent bankruptcy clause properly impinge upon state sovereign immunity ante majority offers explanation statement certainly offers principled basis draw distinctions future cases particularly given absence known application law let alone test validity time provision enacted law april ch stat repealed december ch sole reference cited majority comstock cas see ante ruling issued nearly years act repeal merely noted dicta prior existence habeas provision majority also contends provision habeas relief bankruptcy law remarkable least another years ratification fourteenth amendment writ made generally available state prisoners ante implication bankruptcy clause shares similar pedigree fourteenth amendment unlike article constitution authorizes congress abrogate state sovereign immunity suit see fitzpatrick bitzer majority recognizes ante congress enact habeas provisions prior fourteenth amendment see stat stat see generally duker constitutional history habeas corpus discussing acts fourteenth amendment bears relevance discussion event explained habeas relief simply offend framers view state sovereign immunity see also young decision case require examination decision question whether adoption fourteenth amendment way altered limited effect eleventh amendment point made railway labor executives assn gibbons prior drafting constitution least four followed practice passing private acts relieve individual debtors given sovereign status questions raised whether one state recognize relief given debtor another state citing james millar uniformity among state debtor insolvency laws impossibility practice passing private bankruptcy laws subject abuse legislators less honest thus surprising bankruptcy clause introduced discussion full faith credit clause citations omitted begier involved funds held debtor statutory trust analysis particular dollars help respondent case support majority effort whiting pools waived immunity filing suit see see also nordic village opinion whiting pools contains discussion waiver provision furthermore whiting pools government possessed merely secured interest property basis tax lien see contrast nordic village uncontested state owns funds barring subsequent transfer operation bankruptcy law see suit payment funds treasury quite different suit return tangible property debtor retained ownership