Re:Yellen on Bitcoin: Fed Doesn’t Have Authority to Regulate...
by logfromblammo on Thursday February 27, 2014 @05:20PM
(#7315638)
Denying a power to the states is not the same as granting it to the federation. The federal government was never authorized to declare anything a legal tender. It was authorized to manufacture coins and say what they are worth.
It would be nice to think that the supremes would strike down legal tender laws for that reason, but as they are paid in paper, I don't think it likely in this millennium.
"...make any Thing but gold and silver Coin a Tender in Payment of Debts... " means states cannot issue their own currencies as legal tender. They can only make gold or silver legal tenders for debts. The federal government can make paper dollars a legal tender, and the states can pay their debts in that.
http://en.wikipedia.org/wiki/Contract_Clause#Legal_Tender