By U.S. Bankruptcy Judge Frank Bailey ( October 23, 2017, 12:14 PM EDT) -- The United States Constitution creates a framework for the adoption of laws. But in only very few instances does it enumerate a body of laws that should be adopted. One of those instances is the adoption of "uniform Laws on the subject of Bankruptcies throughout the United States ...." Article I, section 8, clause 4. Why is bankruptcy one of the so-called delegated powers? Under the Articles of Confederation each state was free to develop its own system of bankruptcy and, because many Americans had arrived on the shores of North America deep in debt at home, those state laws were extensive. But the state laws also threatened to undermine the founders' vision of a free market throughout the many states. Did a debt discharged in New York remain discharged in Massachusetts? Could a person avoid payment of a judgment by moving to another state? These were vexing questions for the new republic. Hence, we have had a national system of bankruptcy almost since the founding of the republic....