This section is from the book "The Constitutional Law Of The United States", by Westel Woodbury Willoughby. Also available from Amazon: Constitutional Law.
The enactment of a national bankrupt law does not operate to annul state laws on the same subject, but simply to suspend their operation so long as the national regulations are in force. Upon the repeal of the federal law the state laws at once revive, and do not need re-enactment.16 So also a state law passed while a federal bankruptcy law is in force goes at once into force with the repeal of the federal statute.17 determinable from the decisions of either the state or federal courts. That a state law covering the same ground as the national act, even though its provisions be not inconsistent therewith, is suspended is generally, though not uniformly, admitted.18 If, then, it be conceded that the intention of Congress was, by the enactment of a bankrupt law, to cover the entire subject, all state laws relating to bankruptcy are suspended while the national law remains in force.19
The precise effect of the enactment of a federal bankruptcy law in suspending the operation of existing state laws is not definitely
16 Butler v. Goreley, 146 U. S. 303; 13 Sup. Ct. Rep. 84; 36 L. ed. 981. 17 Palmer v. Hixon, 74 Me. 447.
Even if the view be accepted that by the act of 1898 the general subject of bankruptcy is fully covered there still remains in many cases, the difficulty of determining when state laws relating to general assignments for the benefit of creditors, receivership of corporations, etc., may be held to be in the nature of bankruptcy laws and as such rendered inoperative during the existence of the federal law. The purposes of this treatise do not, however, require a more particular discussion of this point.
Coinage and Standards of Weights and Measures. § 385. Coinage.
Congress is given power "to coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures."
The authority thus given has been freely exercised by Congress but this legislation has given rise to very few constitutional questions.
It is to be observed that power is to be given not only to coin, but to provide what shall be the legal tender value of the pieces coined. There has been no question but that the States possess no concurrent jurisdiction. The power is an exclusively federal one.20
18 Tua v. Carriere, 117 U. S. 201; 6 Sup. Ct. Rep. 565: 29 L. ed.. 855. See also authorities cited by Professor Williston in article "The Effect of a National Bankruptcy Law upon State Laws," in Harvard Law Review, XXII, 547.
19 Differing views have been taken by the different courts as to generality of the federal law of 1898. In Maryland, Pennsylvania, and Colorado, state laws have been held operative as to classes of persons and corporations not coming within the operation of the national law. Upon the other hand, the courts of other States have taken what would seem to be the better view that by the enactment of 1898 Congress intended the general subject of bankruptcy to be covered. See the authorities cited by, and the argument of, Professor Williston.
 
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