Arkansas Law Review Volume 73 Number 4 Article 1 January 2021 Greenbacks, Consent, and Unwritten Amendments John M. Bickers Northern Kentucky University, Highland Heights Follow this and additional works at: https://scholarworks.uark.edu/alr Part of the Constitutional Law Commons, Jurisprudence Commons, Legal History Commons, and the Supreme Court of the United States Commons Recommended Citation John M. Bickers, Greenbacks, Consent, and Unwritten Amendments, 73 Ark. L. Rev. 669 (2021). Available at: https://scholarworks.uark.edu/alr/vol73/iss4/1 This Article is brought to you for free and open access by ScholarWorks@UARK. It has been accepted for inclusion in Arkansas Law Review by an authorized editor of ScholarWorks@UARK. For more information, please contact
[email protected]. GREENBACKS, CONSENT, AND UNWRITTEN AMENDMENTS John M. Bickers* I remember a German farmer expressing as much in a few words as the whole subject requires: “money is money, and paper is paper.”—All the invention of man cannot make them otherwise. The alchymist may cease his labours, and the hunter after the philosopher’s stone go to rest, if paper cannot be metamorphosed into gold and silver, or made to answer the same purpose in all cases.1 INTRODUCTION Every day Americans spend paper money, using it as legal tender. Yet the Constitution makes no mention of this phenomenon. Indeed, it clearly prevents the states from having the authority to make paper money into legal tender, and does not award this power to Congress.2 Yet today, without a formal written amendment to the Constitution, America seems united in accepting this fact to a degree that greatly exceeds our unity in the vast majority of Constitutional questions that might appear.