Protecting the Sovereign's Money Monopoly

53 Pages Posted: 25 Jul 2022 Last revised: 26 Aug 2024

See all articles by Gary B. Gorton

Gary B. Gorton

Yale School of Management; National Bureau of Economic Research (NBER); Yale University - Yale Program on Financial Stability

Jeffery Y. Zhang

University of Michigan Law School

Date Written: July 14, 2022

Abstract

Sovereign states have held a monopoly over the production of circulating money for well over a century. Governments, not private entities, issue circulating money. The advent of stablecoins—privately issued digital money that can circulate—raises the question of the sovereign’s money monopoly from the grave. Should private money circulate alongside sovereign money in the 21st century? We argue against coexistence to preserve financial stability and monetary sovereignty.

Through the lens of economic theory, we explore the coexistence question by revisiting the original debates that led to the sovereign’s money monopoly in England, the United States, Canada, and Sweden. In each case, private money first circulated because of a limited money supply—namely, a shortage of specie—and because there were no better alternatives. However, after the development of modern central banking and sovereign fiat money, these governments banned or taxed the circulation of private money to improve financial stability and gain greater control over the money supply. Notably, in the United States, Congress enacted a 10 percent tax on the circulation of private money in 1865 that stayed on the books until 1976, when Congress deleted provisions from the Internal Revenue Code deemed “obsolete” or “unimportant and rarely used” from a tax perspective.

Today, many U.S. lawmakers assume that coexistence is the optimal path forward and are crafting legal guardrails under that assumption. We argue that lawmakers should instead seek to maintain the government’s monopoly by creating a better sovereign alternative in the form of a central bank digital currency (the carrot) and deterring the adoption of stablecoins through a ban or a tax (the stick).

Keywords: financial regulation, sovereign money monopoly, money, stablecoins

Suggested Citation

Gorton, Gary B. and Zhang, Jeffery Y., Protecting the Sovereign's Money Monopoly (July 14, 2022). 75 Alabama Law Review 955 (2024), U of Michigan Law & Econ Research Paper No. 22-031, Available at SSRN: https://ssrn.com/abstract=4162884 or http://dx.doi.org/10.2139/ssrn.4162884

Gary B. Gorton (Contact Author)

Yale School of Management ( email )

165 Whitney Ave
P.O. Box 208200
New haven, CT 06511
United States

HOME PAGE: http://mba.yale.edu/faculty/profiles/gorton.shtml

National Bureau of Economic Research (NBER)

1050 Massachusetts Avenue
Cambridge, MA 02138
United States

Yale University - Yale Program on Financial Stability

165 Whitney Avenue
P.O. Box 208200
New Haven, CT 06520-8200
United States

Jeffery Y. Zhang

University of Michigan Law School ( email )

625 South State Street
Ann Arbor, MI 48109-1215
United States

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