Friday 7 September 2012

Legal Tender Cases - From Wikipedia, the free encyclopedia

Original Article: "Legal Tender Cases" http://en.wikipedia.org/wiki/Legal_Tender_Cases
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The Legal Tender Cases were a series of United States Supreme Court cases in the latter part of the nineteenth century that affirmed the constitutionality of paper money.  In the 1870 case of Hepburn v. Griswold, the Court had held that legal tender in the form of paper money violated the United States Constitution.  The Legal Tender Cases reversed Hepburn, beginning with Knox v. Lee and Parker v. Davis in 1871, and then Juilliard v. Greenman in 1884.  

Legal Tender Act of 1862 and ensuing litigation
Obverse of the first $1 bill, issued in 1862 as a legal tender note featuring Treasury Secretary Chase, who later held as Chief Justice that such bills are unconstitutional, before being overturned
The Legal Tender Cases primarily involved the constitutionality of the Legal Tender Act of 1862, enacted during the American Civil War.  This act authorized issuance of paper money, United States Notes, to finance the war without raising taxes.  The paper money depreciated in terms of gold and became the subject of controversy, particularly because debts contracted earlier could be paid in this cheaper currency.
 

In Hepburn, Chief Justice Salmon P. Chase held for a 4-3 majority of the Court that the Act was an unconstitutional violation of the Fifth Amendment.  Ironically, Chief Justice Chase had played a role in formulating the Legal Tender Act of 1862, in his previous position as Secretary of the Treasury.  On the same day that Hepburn was decided, President Ulysses Grant nominated two new justices to the Court, Joseph Bradley and William Strong, although Grant later denied that he had known about the decision in Hepburn when the nominations were made.  Bradley and Strong subsequently voted to reverse the Hepburn decision, in Knox v. Lee and Parker v. Davis, by votes of 5-4.  The constitutionality of the Act was more broadly upheld thirteen years later in Juilliard v. Greenman