Quote:
Originally Posted by hbdwihdh378y9
McConnell is wrong.
https://www.law.cornell.edu/uscode/text/11/109
"[O]nly a person* that resides or has a domicile, a place of business, or property in the United States, or a municipality, may be a debtor under this title.
* "Person" includes partnerships and corporations.
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Excellent work.
Quote:
Originally Posted by middle-aged mom
Amending the Federal Bankruptcy Code to allow states to file for bankruptcy is possible,....
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Quote:
Originally Posted by michiganmoon
McConnell is correct.
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No.
The issue has absolutely nothing to do with bankruptcy code.
The Contracts Clause of the US Constitution forbids States from discharging debts. Period. End of story.
You must first amend the US Constitution to strike the Contracts Clause or modify it to permit bankruptcy by States.
After you amend the US Constitution, Congress can amend the bankruptcy code to include States.
The US Supreme court has repeatedly and continuously rejected any attempt by a State to avoid its obligations, except in those cases where the contract resulted in the State surrendering an essential part of its sovereignty.
The economic consequences of allowing States to file bankruptcy would be unfathomable and your life would become totally miserable.
If you think you're being taxed to death now, you ain't seen nothing yet.
If you think government is over-reaching now, you ain't seen nothing yet.
If States can file bankruptcy, no business will enter into a contract with a State.
Why would I contract with a State to built 18 miles of road on I-70 or I-80 or I-75 or I-95?
I wouldn't. I'm not going to do all that work and then have you file bankruptcy and then I get nothing and then I have to file bankruptcy because you discharged your debts.
So, what are the options?
1) States hire construction crews as government employees and you the tax-payer pay them year round and at union wages even if you don't need them, because unions will make sure of that.
2) Pay for all contracts up front.
Either way, the State will have to tax the holy hell out of you.
State bankruptcy would destroy States economically, financially and demographically as people flee.
The Framer's of the Constitution understood that, which is why they forbade States from discharging debts.