The Essentials of American Constitutional LawThorpe, Francis Newton
History
The Essentials of American Constitutional Law
Thorpe, Francis Newton
Constitutional law -- United States
But the principle of national sovereignty which operates in
Congressional legislation on money, currency, coinage, and legal
tenders, does not nullify the principle of contracts. A lawful
contract between parties that calls for payment of a particular article
with a particular article, be it silver coin, gold coin, national
bank notes, treasury notes, reserve bank issues, or subsidiary coin,
is satisfied only when executed in the terms of the contract. The
obligation of the contract would be impaired if it were executed
otherwise than as the contract itself sets forth.[72]
31. Congress is not under contract to coin money, to pay the debts of
the United States, or to borrow money in any particular way. Duties,
excises, and imports must be _uniform_ throughout the United States,
and this condition is a fundamental limitation. No limitation is placed
by the Constitution on the power of Congress over the currency. This
power is supreme. It is a power which, duly exercised, secures the
existence of sovereignty itself.[73]
A function of sovereignty is performed in the issuing of a bill of
credit, the sovereign power thus pledging its faith, and the thing
issued is designed to circulate as money. The State, or Commonwealth,
in the Union, is not a sovereign for this purpose, as the Constitution
provides.[74] So when a State incorporates a bank, which issues
bills of credit, the act of the bank is not an act of sovereignty,
and the State, though a stockholder in the bank, imparts none of its
sovereignty to the bank. The bank as a corporation, not the State as
an incorporator, is answerable for the obligations of the bank.[75] To
constitute a “bill of credit,” in the meaning of the Constitution, it
must be issued by a State, on the faith of the State and be designed to
circulate as money.[76]
32. Power to provide for the punishment of counterfeiting the
securities and current coin of the United States is specially delegated
to Congress,[77] but it is not denied to the several States. The
power to coin money belongs exclusively to Congress[78] as a mark
and necessary incident of sovereignty, but counterfeiting the coin
constitutes an offense against both the State and the United States.
The uttering of counterfeit coin is a cheat, and the State can protect
its citizens against fraud by exercise of its police power. Such
offenses fall strictly within State jurisdiction. Counterfeiting
debases the coin, throws spurious and base metal, or false securities
into circulation, and is an offense against that constitutional power
which is exclusively authorized to create a currency for public uses.
The offense is against the sovereignty of the nation, and, being a
fraud, it is against the sovereignty of the State. In either case it
imperils sovereignty.[79]
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