I have been pouring over the constitution, I have yet to find somewhere that allocates authority to the federal government to regulate stablecoins, or even gold.
Discussion
The Constitution doesn’t directly let the feds regulate stablecoins or gold, but they use old, broad powers to do it anyway — and courts have usually let them get away with it.
This isn't old powers, they are voting now....
I say these are old powers because they use mainly:
1. The Commerce Clause – which lets them regulate stuff that affects trade between states or countries.
2. The Coinage Clause – which lets them control money.
3. The Necessary and Proper Clause – which lets them make laws that help carry out the other powers.
These clauses are old clauses, they used them in 1933 when they wanted to ban people from owning gold…
Me saying they are old does not mean they don't work today, it means they have been here for a very long time.
The interstate commerce clause does not allow for the regulation of private business, as if it did, it would contradict the requirement for government to not interfere with private contract. The courts have routinely blown this one in the past hundred years. It is about disputes between the states.
The coinage clause is about using money for government debts and payments, not for regulating private usage.
But I suppose they also don't have the power to regulate arms and impose background checks, yet here we are.....