The government class book: Designed for the instruction of youth in the principles of constitutional government and the rights and duties of citizens.Young, Andrew W. (Andrew White)
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The government class book: Designed for the instruction of youth in the principles of constitutional government and the rights and duties of citizens.
Young, Andrew W. (Andrew White)
United States -- Politics and government -- Handbooks, manuals, etc.
§4. A state may not "emit bills of credit." _Bills of credit_, to a vast
amount, were issued by the states during the war, and for some time
thereafter. They were in the nature of promissory notes, issued by the
authority of the state, and on the credit of the state, and put in
circulation by the continental congress and the states as money. This
paper money, having no funds set apart to redeem it, became almost
worthless. Bank bills issued upon the credit of private individuals, do
not come under the prohibition. It is also held that the prohibition
does not apply to the notes or bills of a _state_ bank, drawn on the
credit of a particular fund set apart for that purpose.
§5. No state shall "make any thing but gold and silver coin a tender in
payment of debts." _Tender_ signifies an offer, or to offer. In law, it
is an offer of something in payment of a debt, or the thing itself which
is offered in payment. Some of the states had declared their
irredeemable paper money a lawful tender. But paper money and property
of all kinds are continually liable to fluctuation in value, and might
subject those who should be compelled to receive it to great
inconvenience and loss. But although no person is obliged to take in
payment any thing but coin, bank bills are by common consent taken in
the course of business and in payment of debts, because they may be
converted into specie by presenting them at the bank by which they are
issued.
§6. Nor may a state "pass any bill of attainder, ex post facto law, or
law impairing the obligation of contracts." Bills of attainder and ex
post laws have been defined and considered. (Chap. XXXVII, §5.) If these
laws are in their nature wrong, the states as well as congress should be
prohibited from passing them. Not less unjust are laws impairing the
obligation of contracts. Laws that should weaken the force of contracts,
or that would release men from their obligations, would be contrary to
the principles of justice, and destroy all security to the rights of
property.
§7. As bankrupt laws release debtors from the payment of their debts,
and consequently impair the obligation of contracts, the question has
arisen whether the states have power to pass insolvent or bankrupt laws.
From decisions of the supreme court of the United States, which is the
highest judicial authority, it appears, that a state may not pass a
bankrupt law discharging a debtor from the obligation of a contract made
before such law was passed. But it was not to be considered a law
impairing the obligation of a contract, if it existed before the
contract was made; because the parties, who are presumed to know that
such law exists, may guard themselves against loss.
§8. The last thing prohibited in this clause, is, "to grant any title of
nobility." This is forbidden to the states for the same reason as it is
prohibited to congress. (Chap. XXXVII, §11.)
Public-domain text, read in full here on John Shaqi.
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