Lick v. Faulkner

Citations

• 25 Cal. 404
• 1864 Cal. LEXIS 50

Syllabus

<p>Treasury Notes—Bills op Credit.—The Constitution of the United States confers upon Congress the power to issue treasury notes or bills of credit—not in express terms, but as a power necessarily implied—whenever Congress in its wisdom shall determine that it is necessary to issue them in order to carry into effect a power expressly granted.</p> <p>Treasury Notes a Legal Tender.—The Act of Congress of February 25, 1862, authorizing treasury notes to be issued, and making them lawful money and a legal tender in payment of debts, was an exercise of sovereign authority within the scope of the powers granted in the Constitution, ** to provide for calling forth the militia to execute the laws of the Union, suppress insurrections, and repel invasions,” and “ to raise and support an army,” and “ to provide and maintain a navy.”</p> <p>Powers of Congress.—Whenever an express power is granted to Congress in the Constitution of the United States, the choice of the means by which the power expressly granted is to be carried into effect is left to the wisdom of Congress, with only this qualification : that the means adopted must bear a relation in the nature and fitness of things to the end to be accomplished.</p> <p>Treasury Notes a Lawful Tender.—The making of treasury notes lawful money, and a legal tender in payment of debts, is one of the means which Congress may constitutionally adopt to enable the General Government#< to raise and support an army, to provide and maintain a navy,” and “ to provide for calling forth the militia to execute the laws of the Union, suppress insurrections, and repel invasions.”</p>