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
As an appropriate means for executing "the great powers, to lay and
collect taxes; to borrow money; to regulate commerce; to declare and
conduct a war; and to raise and support armies * * *" Congress may
incorporate banks and kindred institutions.[1408] Moreover, it may
confer upon them private powers which, standing alone, have no relation
to the functions of the Federal Government, if those privileges are
essential to the effective operation of such corporations.[1409] Where
necessary to meet the competition of State banks, Congress may authorize
national banks to perform fiduciary functions, even though, apart from
the competitive situation, federal instrumentalities might not be
permitted to engage in such business.[1410] The Court will not undertake
to assess the relative importance of the public and private functions of
a financial institution which Congress has seen fit to create. It
sustained the act setting up the Federal Farm Loan Banks to provide
funds for mortgage loans on agricultural land against the contention
that the right of the Secretary of the Treasury, which he had not
exercised, to use these banks as depositaries of public funds, was
merely a pretext for chartering these banks for private purposes.[1411]
CURRENCY REGULATIONS
Reinforced by the necessary and proper clause, the powers "'to lay and
collect taxes, to pay the debts and provide for the common defence and
general welfare of the United States,' and 'to borrow money on the
credit of the United States and to coin money and regulate the value
thereof * * *'";[1412] have been held to give Congress virtually
complete control over money and currency. A prohibitive tax on the
notes of State banks;[1413] the issuance of treasury notes impressed
with the quality of legal tender in payment of private debts[1414] and
the abrogation of clauses in private contracts which called for payment
in gold coin,[1415] were sustained as appropriate measures for carrying
into effect some or all of the foregoing powers.
POWER TO CHARTER CORPORATIONS
In addition to the creation of banks, Congress has been held to have
authority to charter a railroad corporation,[1416] or a corporation to
construct an interstate bridge,[1417] as instrumentalities for promoting
commerce among the States, and to create corporations to manufacture
aircraft[1418] or merchant vessels[1419] as incidental to the war power.
COURTS AND JUDICIAL PROCEEDINGS
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