FREE BOOKS

Author's List




PREV.   NEXT  
|<   119   120   121   122   123   124   125   126   127   128   129   130   131   132   133   134   135   136   137   138   139   140   141   142   143  
144   145   146   147   148   149   150   151   152   153   154   155   156   157   158   159   160   161   162   163   164   165   166   167   168   >>   >|  
2] Had the states this power, it would be possible for any one of them to involve the whole country in war. [3] This provision secures the uniformity and reliability of our coinage. [4] A state may borrow money and may issue bonds for the purpose. But these bonds are not bills of credit, because they are not designed to circulate as money. The evils of state issuance of bills of credit we cannot appreciate, but the framers of the constitution had experienced them, and based this provision on that bitter experience. [5] This has the same general purpose as the preceding. It will be observed that there is no such prohibition on the United States, and the implied power to emit bills of credit and to make things other than gold and silver legal tender, has been exercised. [6] Forbidden to the states for the same reason that they are forbidden to the United States. [7] The purpose is to preserve the legal obligation of contracts. "The spirit of the provision is this: A contract which is legally binding upon the parties at the time and place it is entered into by them, shall remain so, any law of the states to the contrary notwithstanding." [Footnote: Tiffany quoted by Andrews.] Under this provision many questions have arisen. One of them is this: May a state pass insolvent or bankrupt laws? It has been decided by the United States Supreme Court that a state may pass insolvent laws upon _future_ contracts, but not upon _past_ contracts. But no state can pass a bankrupt law. _Clause 2.--Conditional Prohibitions._ No state shall, without the consent of the congress,[1] lay any imposts or duties on imports or exports, except what may be absolutely necessary for executing its inspection laws;[2] and the net produce of all duties and imposts, laid by any state on imports or exports, shall be for the use of the treasury of the United States;[3] and all such laws shall be subject to the revision of the congress.[4] No state shall, without the consent of congress, lay any duty of tonnage,[5] keep troops or ships of war in time of peace,[6] enter into any agreement or compact with another state,[7] or with a foreign power,[7] or engage in war, unless actually invaded, or in such imminent danger as not to admit of delay.[8]_ [1] By implication, congress may give the states permission to do the things enumerated in this paragraph. But it never has. [2] The inspection laws are designed to secure to consumers qual
PREV.   NEXT  
|<   119   120   121   122   123   124   125   126   127   128   129   130   131   132   133   134   135   136   137   138   139   140   141   142   143  
144   145   146   147   148   149   150   151   152   153   154   155   156   157   158   159   160   161   162   163   164   165   166   167   168   >>   >|  



Top keywords:
provision
 

United

 

states

 
congress
 
States
 
purpose
 

credit

 

contracts

 

exports

 

inspection


imports
 
imposts
 

bankrupt

 

insolvent

 

consent

 

duties

 

things

 

designed

 

paragraph

 

enumerated


implication
 

permission

 

decided

 
Supreme
 

secure

 
consumers
 
future
 

Conditional

 

absolutely

 

Clause


Prohibitions

 

executing

 
invaded
 
troops
 

tonnage

 
compact
 

foreign

 

agreement

 

engage

 

revision


produce

 

treasury

 
subject
 

imminent

 
danger
 
Footnote
 

preceding

 

observed

 
general
 

uniformity