Well, If Arizona's Immigration Law Is Unconstitutional . . .

By John Miano on July 15, 2010

I would like to bring an urgent situation to Attorney General Holder's attention. That is that the state of New Jersey is unconstitutionally interfering with the federal government's authority under Article I of the Constitution to coin money and punish counterfeiting.

New Jersey's action creates a patchwork of state and local policies would seriously disrupt federal currency enforcement.

A man was arrested for shoplifting in Cinnaminson, N.J. He paid his bail and was released. The next day the police discovered the man had paid his bail using counterfeit money.

New Jersey arrested the man again and charged him with fraud. This is a clear violation of the Article I of the Constitution that gives the federal government the power to "To establish an uniform Rule of Naturalization ... To provide for the Punishment of counterfeiting the Securities and current Coin of the United States".

Charging the man with fraud for using counterfeit currency is clearly constitutional violation – only the federal government can do that under the Constitution.

Furthermore, the state of New Jersey unconstitutionally determined that the bills were counterfeit – that they were "undocumented currency," as it were. The state has no power to make such a determination. The Constitution gives the federal government the power to set standards for currency – not the states.

Setting currency policy and enforcing currency laws is a national responsibility. Seeking to address the issue through a patchwork of state laws will only create more problems than it solves.