The Essentials of American Constitutional LawThorpe, Francis Newton
History
The Essentials of American Constitutional Law
Thorpe, Francis Newton
Constitutional law -- United States
the State law, and, further, providing that the State law does not
impair the obligation of contracts.[67]
28. But State insolvent laws apply to contracts within the State
between one of its citizens and a citizen of another State, and they
do not apply to contracts not made within the State. The principle
here is one of jurisdiction: no State has authority outside its
own jurisdiction. Therefore interstate matters are beyond State
jurisdiction and are exclusively under the control of Congress. This
principle is expressed judicially: “Insolvent laws of one State cannot
discharge the contracts of citizens of other States because they have
no extra-territorial operation.”[68]
29. Congress exercises any of its powers as an agent of its sovereign,
the people of the United States. These powers, like those of the
President, or of the federal courts, are expressed or implied; the
government of the United States is “a national government with
sovereign powers, legislative, executive, and judicial.”[69] Because
this government is a sovereign government it possesses the choice of
means to make its sovereignty real. Hence it possesses power to pay the
debts of the United States, to borrow money, to incorporate banks, to
coin money, to make war, and to do whatever acts it considers necessary
and proper, and in such manner as it sees fit,—all acts of sovereignty.
It alone can determine what is a legal tender, what the value of coins,
domestic or foreign (within its jurisdiction) and, in brief it can do
all acts such “as accord with the usage of sovereign governments.” Thus
the national currency may be coin or paper, as Congress shall regulate.
Whatsoever Congress by legislation declares to be a legal tender in
payment of debts between individuals or corporations is thereby a legal
tender, because Congress is “the legislature of a sovereign nation”
and is expressly empowered by the Constitution to enact laws of the
kind.[70] This power is commensurate with the jurisdiction of Congress
in this matter,—a power which absolutely and totally excludes the power
of the several States.
30. As a matter of constitutional law, it must be admitted that,
granting the national sovereignty of the people of the United States,
it must follow that the legislature of this sovereign nation would
possess such power over currency and coinage. That is, the power would
be _implied_ if it were not expressed. It is the office or function
of a supreme national government to legislate for national ends and
purposes.[71]
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