The Wisconsin Exemption Clause Debate of 1846: An Historical Perspective on the Regulation of Debt
Valparaiso University Law School
Wisconsin Law Review, Vol. 1998, No. 3, p. 747, 1998
This article begins by examining the economic and political causes of the current push towards consumer bankruptcy reform. The article then re-visits a foundational moment of contemporary bankruptcy and debt collection policy: Wisconsin's choice in 1846 to contain exemption language in its constitution. Wisconsin's exemption clause protects some base-line amount of debtor's property from the collection efforts of creditors in order to give the debtor a fresh start. The article examines the 1846 debate for lessons that may be relevant for the 1998 debate and concludes that strong economic and social reasons argue in favor of retaining commitment to the policy of the fresh start.
Number of Pages in PDF File: 18
Keywords: bankruptcy, history, constitutional law, exemptionsAccepted Paper Series
Date posted: August 19, 2006
© 2013 Social Science Electronic Publishing, Inc. All Rights Reserved.
This page was processed by apollo1 in 0.453 seconds