It is not doubted that the power to establish a standard of value, by which all other values may be measured, or, in other words, to determine what shall be lawful money and a legal tender, is in its nature, and of necessity, a governmental power.
Spooner discusses the inherent governmental power to define currency and its implications.
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The presumption clearly is that all were eligible.
In this manner all unjust laws are established, and made operative against the rights of the people.
Yet the codes of the most celebrated kings are very small, and were little more than compilations of immemorial customs.
One answer is, that this power, which juries have of judging of the law, is not a power of absolute decision in all cases.