Page:Lac du Flambeau Band of Lake Superior Chippewa Indians v. Coughlin.pdf/9

From Wikisource
Jump to navigation Jump to search
This page has been proofread, but needs to be validated.
6
LAC DU FLAMBEAU BAND OF LAKE SUPERIOR CHIPPEWA INDIANS v. COUGHLIN

distance from point A to point B.

The pairing of “foreign” with “domestic” is of a piece with those other common expressions. For instance, if someone asks you to identify car manufacturers, “foreign or domestic,” your task is to name any and all manufacturers that come to mind, without particular regard to where exactly the cars are made or the location of the companies’ headquarters. Similarly, at the start of each Congress, a cadre of newly elected officials “ ‘solemnly swear’ ” to “ ‘support and defend the Constitution of the United States against all enemies, foreign and domestic.’ ” 5 U. S. C. §3331. That oath—which each Member of Congress who enacted the Bankruptcy Code took—indisputably pertains to enemies anywhere in the world. Accordingly, we find that, by coupling foreign and domestic together, and placing the pair at the end of an extensive list, Congress unmistakably intended to cover all governments in §101(27)’s definition, whatever their location, nature, or type.

It is also significant that the abrogation of sovereign immunity in §106(a) plainly applies to all “governmental unit[s]” as defined by §101(27). Congress did not cherry-pick certain governments from §101(27)’s capacious list and only abrogate immunity with respect to those it had so selected. Nor did Congress suggest that, for purposes of §106(a)’s abrogation of sovereign immunity, some types of governments should be treated differently than others. Instead, Congress categorically abrogated the sovereign immunity of any governmental unit that might attempt to assert it.

B

Other aspects of the Bankruptcy Code reinforce what §106(a)’s and §101(27)’s plain text conveys.

Through various provisions, the Bankruptcy Code offers debtors a fresh start by discharging and restructuring their debts in an “orderly and centralized” fashion. See, e.g., 1