Monopolies -- United States; Railroads and state -- United States
Interests of such magnitude and pervading importance as those involved
in providing for a uniform standard of value throughout the Union were
manifestly entitled to the protection of the national authority, and in
view of the evils experienced for the want of such a standard during the
war of the revolution, when the country was inundated with floods of
depreciated paper, the members of the convention who framed the
constitution did not hesitate to confide the power to congress, not only
to coin money and regulate the value thereof, but also the power to
regulate the value of foreign coin, which was denied to the congress of
the confederation.
Influenced by these considerations and others expressed in the opinion
of the chief justice, this court decided in the case referred to, that
the act of congress making the notes in question "lawful money and a
legal tender in payment of debts" could not be vindicated as necessary
and proper means for carrying into effect the power vested in congress
to coin money and regulate the value thereof, or any other express power
vested in congress under the constitution. Unless that case, therefore,
is overruled, it is clear, in my judgment, that both the cases before
the court are controlled by that decision. Controversies determined by
the supreme court are finally and conclusively settled, as the decisions
are numerous that the court cannot review and reverse their own
judgments.
But where the parties are different, it is said the court, in a
subsequent case, may overrule a former decision, and it must be admitted
that the proposition, in a technical point of view, is correct. Such
examples are to be found in the reported decisions of the court, but
they are not numerous, and it seems clear that the number ought never to
be increased, especially in a matter of so much importance, unless the
error is plain and upon the clearest convictions of judicial duty.
Public-domain text, read in full here on John Shaqi.
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