An introduction to Constitutional Law 100 Supreme Court cases everyone should know

During the Civil War, as Secretary of the Treasury, Salmon Chase had supported the constitutionality of the Legal Tender Act. The federal government even put his face on the $1 bill, known as a greenback.

When the Court heard another challenge to the Legal Tender Act just a year later, it reversed itself to rule that the Legal Tender Act was constitutional after all. In Knox v. Lee, Hepburn was now overturned by a vote of 5 to 4.

Chief Justice Chase, who was now in dissent, lamented that under the majority’s approach, the “powers of the government become practically absolute and unlimited.”

Implied powers on the Chase Court

Knox v. Lee held that the Legal Tender Act was constitutional. Hepburn was now overturned by a 5-4 vote. In Knox, the majority found that the Legal Tender Act was made “necessary” by the shortage of gold and silver during the Civil War.

Knox did far more than uphold the Legal Tender Act. The decision also adopted a construction of the Necessary and Proper Clause that was even broader than Justice Story’s analysis in Prigg v. Pennsylvania. The “non-enumerated powers” granted by this Clause, Justice Strong wrote, “reach beyond the mere execution of all powers definitely intrusted [sic] to Congress and mentioned in detail.” Indeed, Justice Strong stated it was “not indispensable” that an implied power “be found specified in the words of the Constitution, or clearly and directly traceable to some one of the specified powers.”