The Constitution of the United States of America: Analysis and Interpretation: Annotations of Cases Decided by the Supreme Court of the United States to June 30, 1952
History
The Constitution of the United States of America: Analysis and Interpretation: Annotations of Cases Decided by the Supreme Court of the United States to June 30, 1952
Constitutional law -- United States; Constitutions -- United States
The power "to coin money" and "regulate the value thereof" has been
broadly construed to authorize regulation of every phase of the subject
of currency. Congress may charter banks and endow them with the right to
issue circulating notes,[1113] and may restrain the circulation of notes
not issued under its own authority.[1114] To this end it may impose a
prohibitive tax upon the circulation of the notes of State banks[1115]
or of municipal corporations.[1116] It may require the surrender of gold
coin and of gold certificates in exchange for other currency not
redeemable in gold. A plaintiff who sought payment for the gold coin and
certificates thus surrendered in an amount measured by the higher market
value of gold, was denied recovery on the ground that he had not proved
that he would suffer any actual loss by being compelled to accept an
equivalent amount of other currency.[1117] Inasmuch as "every contract
for the payment of money, simply, is necessarily subject to the
constitutional power of the government over the currency, whatever that
power may be, and the obligation of the parties is, therefore, assumed
with reference to that power,"[1118] the Supreme Court sustained the
power of Congress to make Treasury notes legal tender in satisfaction of
antecedent debts,[1119] and, many years later, to abrogate the clauses
in private contracts calling for payment in gold coin, even though such
contracts were executed before the legislation was passed.[1120] The
power to coin money also imports authority to maintain such coinage as a
medium of exchange at home, and to forbid its diversion to other uses by
defacement, melting or exportation.[1121]
THE PUNISHMENTS OF COUNTERFEITING
In its affirmative aspect this clause has been given a narrow
interpretation; it has been held not to cover the circulation of
counterfeit coin or the possession of equipment susceptible of use for
making counterfeit coin.[1122] At the same time the Supreme Court has
rebuffed attempts to read into this provision a limitation upon either
the power of the States or upon the powers of Congress under the
preceding clause. It has ruled that a State may punish the utterance of
forged coins.[1123] On the ground that the power of Congress to coin
money imports "the correspondent and necessary power and obligation to
protect and to preserve in its purity this constitutional currency for
the benefit of the nation,"[1124] it has sustained federal statutes
penalizing the importation or circulation of counterfeit coin,[1125] or
the willing and conscious possession of dies in the likeness of those
used for making coins of the United States.[1126] In short, the above
clause is entirely superfluous. Congress would have had the power which
it purports to confer under the necessary and proper clause; and the
same is the case with the other enumerated crimes which it is authorized
to punish. The enumeration was unnecessary and is not exclusive.[1127]
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