The Constitutionality of the Utah Legal Tender Act

10 Pages Posted: 25 Jan 2015

See all articles by William Baude

William Baude

University of Chicago - Law School

Date Written: July 24, 2012

Abstract

In March, 2011, Utah’s Governor Gary Herbert signed into law the Utah Legal Tender Act, which purports to make some gold and silver coins legal tender in the state of Utah. This paper addresses the effect of that law and its constitutionality. It concludes that the act does not violate the Constitution’s provisions regulating state monetary authority, is not preempted, and is not a violation of the dormant Commerce Clause. One of the chief reasons for this is that the Utah Legal Tender Act does not truly create a new form of state legal tender in the traditional sense. Broader legislation may confront a different set of issues.

Keywords: gold, silver, utah, legal tender, preemption, dormant commerce

Suggested Citation

Baude, William, The Constitutionality of the Utah Legal Tender Act (July 24, 2012). Available at SSRN: https://ssrn.com/abstract=2555089 or http://dx.doi.org/10.2139/ssrn.2555089

William Baude (Contact Author)

University of Chicago - Law School ( email )

1111 E. 60th St.
Chicago, IL 60637
United States

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