If you read my first article on the coinage clause, then you’re aware that the coinage clause, which gave the federal government exclusive authority over the coining of money and the regulation of its value, did not give the federal government the specific power to create “legal tender notes”, or as we know it today, …
The Enumerated Powers Series: The Evolution of the Coinage Power – Part 1 Read More »
Prior to the ratification our current Constitution in 1789, Congress had the power to establish and regulate post offices from one state to another, but the trafficking of the post within the state was subject to the state. States would then charge more for mail to travel to another state, causing competition and depressing the …
The Enumerated Powers Series: Post Offices and Post Roads Read More »
One thing government, scholars and really all Americans can tend to forget about the Constitution is this: yes, the Constitution gives or enumerates for government the power that it does have, BUT, in doing so, it also limits the power it has. In other words, even the specific enumerated powers were not written as a …
The Enumerated Powers Series: To Coin Money-Part One Read More »
“…To establish…uniform Laws on the subject of Bankruptcies throughout the United States”. Article 1, Section 8, Clause 4B There’s something so tangibly relatable about this legislative bankruptcy power. How many people don’t know what it’s like to be in debt or owe somebody something? It’s one of those parts of life–that most Americans at least–are …
Let’s rewind a few centuries to look at the evolution of the infamous “commerce clause”. The clause says: “To regulate Commerce with foreign Nations, and among the several states, and with the Indian Tribes;” That’s it. That’s the infamous commerce clause in Article 1, Section 8 of the U.S. Constitution. Original Context/Drafting In 1787, during the drafting …
The Enumerated Powers Series: The Commerce Clause Read More »
The U.S. Constitution says, in Article 1, Section 8, that Congress “shall have Power To borrow Money on the credit of the United States…” That’s enumerated power #2. Historically speaking, imbuing the federal rather than the state governments with this power was critical because otherwise every state would be left with borrowing money on credit …