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Writer's pictureMichael Hopkins

U.S. Constitution: Gold and Silver Coin Only as Legal Tender

U.S. Constitution

Article I

Section 10: Powers Denied States

Clause 1: Proscribed Powers

The Constitution of the United States, in its wisdom, has explicitly outlined certain powers that are denied to the States. This is to ensure a balance of power and to prevent any one State from gaining undue influence or authority. The specific powers that are proscribed are as follows:

  • Treaty, Alliance, or Confederation: No State shall enter into any Treaty, Alliance, or Confederation. This ensures that the foreign policy is conducted at a national level and prevents individual States from making their own agreements with foreign entities.

  • Letters of Marque and Reprisal: States are not allowed to grant Letters of Marque and Reprisal. These are government licenses that historically allowed private parties to conduct acts of war. Their prohibition ensures that acts of war are only conducted by the national government.

  • Coin Money and Emit Bills of Credit: States cannot coin their own money or emit bills of credit. This is to ensure a uniform currency across the nation.

  • Gold and Silver Coin: States can only make gold and silver Coin a Tender in Payment of Debts. This prevents States from creating their own currency systems. eg.(Currency must be backed by Gold and Silver.)

  • Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts: States cannot pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts. This protects individuals from being targeted by the States with laws that change the legal status of actions after they’ve been committed, or interfere with contractual obligations.

  • Title of Nobility: States cannot grant any Title of Nobility. This ensures that all citizens are equal under the law and prevents the establishment of a nobility class within the States.


These restrictions, while limiting the power of the States, serve to protect the rights of the individuals and maintain the balance of power within the United States. They are a testament to the foresight of the framers of the Constitution.



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