Art. I, §8, cl. 5

Coinage Clause

Settled · Doctrine · 5 sources

Original public meaning

The clause repairs a specific Confederation defect. Under the Articles, Congress held "the sole and exclusive right and power of regulating the alloy and value of coin struck by their own authority, or by that of the states," but had no power over the value of foreign coin — an omission that let each state set a different value on the same foreign specie and destroy uniformity. Joseph Story's Commentaries (1833) call the fix self-evident and note the clause "does not seem to have attracted any discussion in the convention"; he adds that the power "to coin money" would, standing alone, have included the power to regulate its value, "had the latter power not been expressly inserted," since "the constitution abounds with pleonasms and repetitions of this nature." Story ties the grant to the general problem of a uniform national currency and gives the reason it belongs to Congress rather than to a single executive as in England: confiding the power to the legislature reflects "great propriety... as the more safe depositaries of the power." Madison's Federalist No. 42 makes the same point about the foreign-coin gap in a single sentence: the proposed uniformity in the value of current coin "might be destroyed by subjecting that of foreign coin to the different regulations of the different States."

Blackstone's Commentaries (1765) supply the English-prerogative baseline the Framers departed from: fixing weights and measures was a prerogative "our antient law vested in the crown," and, "as money is the medium of commerce, it is the king's prerogative, as the arbiter of domestic commerce, to give it authority or make it current." The Constitution relocates that dual prerogative from a single executive to the national legislature.

Thomas Jefferson's 1785 "Propositions respecting Coinage" — written as a Continental Congress member two years before the Convention — shows the practical stakes behind giving Congress this power: he proposed a decimal dollar system precisely to escape the "different values in the different states" of pounds, shillings, and pence and to stop the drain from base British halfpence flooding American commerce, which he estimated cost the country $30,000 in a single year.

gap

No source in this batch records Convention floor debate specific to the Coinage Clause itself (Story confirms the silence). The originalist record here rests on the Confederation-era defect it cured and on Story's later gloss, not on a recorded Convention exchange.

M'Duffie's 1830 reading: "coin" as a placeholder for "currency"

Two years before Webster's doubt about state bank paper (below), Mr. M'Duffie gave the House a reading of the Clause's own word "coin" that runs the opposite direction — not a doubt about state power, but an affirmative argument that Congress's coinage power reaches paper currency generally, defending the constitutionality of the Second Bank of the United States:

"The power to 'coin money and fix the value thereof' is expressly and exclusively vested in Congress. This grant was evidently intended to invest Congress with the power of regulating the circulating medium. 'Coin' was regarded, at the period of framing the Constitution, as synonymous with 'currency'... The word 'coin,' therefore, must be regarded as a particular term, standing as the representative of a general idea." — Mr. M'Duffie, House of Representatives, 13 Apr. 1830

M'Duffie read the Clause alongside the states' own parallel disability — barred from "coining money, or emitting bills of credit" and from making anything but gold and silver legal tender — to conclude the whole subject of "the circulating medium, whether consisting of coin or paper" was left, by the same stroke, in Congress's hands alone. This is the same premise Webster's 1832 speech (below) turns against the states rather than in favor of Congress: if "coin" reaches paper currency generally, state-chartered bank paper sits on shakier textual ground than a national bank's, since Art. I §10 bars the states, not Congress, from coining money at all. M'Duffie's own conclusion names the "only depository" his argument builds toward:

"This strongly confirms the idea, that the subject of regulating the circulating medium, whether consisting of coin or paper, was, at the same time that it was taken from the control of the states, vested in the only depository in which it could be placed, consistently with the obvious design of having a common measure of value throughout the Union." — Mr. M'Duffie, House of Representatives, 13 Apr. 1830

See Necessary and Proper Clause for M'Duffie's fiscal-powers argument for the Bank, made in the same speech before this one.

Webster's unresolved doubt about state bank paper

Story separately reprints, without adopting or rejecting it, a founding-adjacent originalist objection Daniel Webster raised in an 1832 speech on the Bank of the United States: if the states are barred from coining money, on what textual basis can they charter banks to issue paper currency at all, given that paper is "the actual and almost universal substitute for money"?

"it is difficult to maintain, on the face of the constitution itself and independent of long continued practice, the doctrine, that the states, not being at liberty to coin money, can authorize the circulation of bank paper, as currency, at all... The states cannot coin money. Can they, then, coin that, which becomes the actual and almost universal substitute for money?" — Daniel Webster, Speech on the Bank of the United States, 25 and 28 May 1832, quoted in Joseph Story, Commentaries on the Constitution § 1115 (1833)

Story declines to resolve the question, treating decades of unbroken state practice as having overtaken the textual objection regardless of its force:

"Whatever may be the force of this reasoning, it is probably too late to correct the error, if error there be, in the assumption of this power by the states, since it has an inveterate practice in its favor through a very long period, and indeed ever since the adoption of the constitution." — Joseph Story, Commentaries on the Constitution § 1116 (1833)

gap

Neither Webster nor Story ties this objection back to any Convention-era statement about state-chartered banks specifically; it is an 1832 argument from constitutional structure, not a recovered founding-era understanding. No source yet in the wiki traces whether this objection was ever pressed in litigation or resolved by later doctrine.

Relationships

Governing Clause
Art. I §8 cl. 5
Key Cases
Legal Tender Cases, Norman v. Baltimore & Ohio Railroad, Perry v. United States
Limits
federal obligations cannot be reduced to illusory pledges; private currency contracts remain subject to the sovereign currency power
Key Federalist Papers
Federalist No. 42

Sources

  • Constitution Annotated
  • Founders' Constitution — Art. I §8 cl. 5 TOC: Blackstone's Commentaries 1:264-68, Jefferson's 1785 coinage propositions, Story's Commentaries §§1112-17, Federalist No. 42
  • Story's Commentaries — §§1111-1118, Webster's state-bank-paper objection
  • Elliot's Debates (Vol. IV) — House of Representatives, 13 Apr. 1830: Mr. M'Duffie's Second Bank speech reading "coin" as a placeholder for "currency"
  • Elliot's Debates (Vol. IV) — the speech's concluding sentence, naming Congress the "only depository" for the circulating medium