Written by attorneys · grounded in primary & secondary sources — see below
The constitutional authority vested in Congress to mint coins and regulate their value together with the value of foreign coin.
Sources & Authorities
How it applies
Common Examples
6
Congress Authorizes New Coinage
Congress passes a statute directing the Treasury to mint a new silver dollar and set its face value. Michael Miller, a coin dealer, challenges the statute in federal court. The court upholds the statute because Article I Section 8 grants Congress the power to coin money and fix its value.
State Attempts to Issue Currency
The legislature of State X enacts a law authorizing the state to issue paper notes denominated in dollars and declaring them legal tender. Melissa Mills, a taxpayer, sues to enjoin enforcement. The court strikes down the statute because Article I Section 10 forbids any state from coining money or emitting bills of credit.
Select any source to read its text and confirm it supports the definition.
Dictionaries
Congress charters a national bank that issues circulating notes. A state attempts to tax those notes out of existence. The court holds that the federal power to coin money and regulate its value includes the power to create institutions that issue currency backed by the United States.
McCulloch v. Maryland17 U.S. (4 Wheat.) 316 (1819)
Prize Court Values Captured Coin
During wartime, naval forces capture a vessel carrying foreign gold coins. The prize court must determine the value of the coins in United States dollars. The court applies the constitutional grant of power to regulate the value of foreign coin when fixing the award.
Brown v. United States12 U.S. 110 (1814)
License Plate Motto Dispute
A state requires all license plates to bear the state motto. Mustafa Mahmoud refuses on the ground that the motto endorses a religious message. The court analyzes whether the state's action trenches on federal authority over coinage and currency symbols.
Wooley v. Maynard430 U.S. 705 (1977)
Gun-Free School Zone Challenge
Congress enacts a statute prohibiting firearms near schools and justifies the law under its commerce and monetary powers. Marco Marquez is prosecuted and moves to dismiss. The court examines whether the monetary powers extend to regulating local conduct that does not involve coining or regulating the value of money.
United States v. Lopez514 U.S. 549 (1995)
Common questions
Frequently Asked
4
Which constitutional clause grants Congress the power to coin money?+
Article I Section 8 expressly grants Congress the power to coin money, regulate the value of that money and of foreign coin, and fix the standard of weights and measures.
Supporting sources
May a state issue its own coins or paper currency?+
No. Article I Section 10 prohibits any state from coining money or emitting bills of credit.
Supporting sources
Does the power to coin money include authority to charter a national bank?+
Yes. The Supreme Court has held that the power to coin money and regulate its value encompasses the creation of institutions that issue currency backed by the federal government.
Supporting sources
How does the coinage power interact with the war powers?+
The power to coin money and regulate foreign coin supports the valuation of captured currency in prize proceedings arising under the war powers.
Supporting sources
17 U.S. (4 Wheat.) 316 (1819)Business Associations
…beyond a single State's reach. Applying Maryland's principle generally would allow States to tax any federal instrument—mail, mint, patent rights, custom-house papers, judicial process—so as to defeat federal operations. The American people did not intend to make the national Government dependent on the States. The…