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Debtors Movements and American Political Development

Fri, September 16, 12:00 to 1:30pm, TBA

Abstract

From the earliest decades of the United States’ existence, over-indebted people formed organized movements, demanding that state governments intervene to protect them from ruinous debts. By the end of the 19th century, Congress would nationalize protection from ruinous debt in the form of federal bankruptcy law.
Federal bankruptcy law was first placed on the Congressional agenda by commercial associations, keen to centralize and regularize the process of debt collection, their interests were typically represented by the Republican party. However, the longstanding decentralization of debt relief policy empowered debtors’ movements to shape the law in their interests. Over-indebted farmers’ movements served as an important base of the Democratic and Populist parties, which insisted that any federal intervention between creditor and debtor maintain and incorporate existing state-level property exemptions. They were able to ensure that the statute Congress ultimately passed contained the debtor-protective features already found in state law.
Nearly a century later, this process reversed itself. When creditors’ organizations became larger and more concentrated, they again partnered with the Republican Party to demand Congressional action. By the late twentieth century, however, the issue of debt relief was no longer at the center of either a powerful social movement or of state politics, and creditors were successful in undermining the federal commitment to debt relief with very little organized resistance.

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