Legal Tender Act of 1862 and Ensuing Litigation
The Legal Tender Cases primarily involved the constitutionality of the Legal Tender Act of 1862, 12 Stat. 345, 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.
Read more about this topic: Legal Tender Cases
Famous quotes containing the words legal, tender, act and/or ensuing:
“Courage, then, for the end draws near! A few more years of persistent, faithful work and the women of the United States will be recognized as the legal equals of men.”
—Mary A. Livermore (18211905)
“Our interests on the dangerous edge of things.
The honest thief, the tender murderer,
The superstitious atheist.”
—Robert Browning (18121889)
“There is a distinction to be drawn between true collectors and accumulators. Collectors are discriminating; accumulators act at random. The Collyer brothers, who died among the tons of newspapers and trash with which they filled every cubic foot of their house so that they could scarcely move, were a classic example of accumulators, but there are many of us whose houses are filled with all manner of things that we cant bear to throw away.”
—Russell Lynes (19101991)
“The ensuing year will be the longest of my life, and the last of such hateful labours. The next we will sow our cabbages together.”
—Thomas Jefferson (17431826)