Briscoe v. Bank of Kentucky

Briscoe v. Bank of Kentucky, 36 U.S. (11 Pet.) 257 (1837), was a decision of the Supreme Court of the United States involving the intersection of states' rights and monetary policy. In an opinion by Justice John McLean, the Court held that a bank under the de facto control of the state of Kentucky could issue banknotes without violating a provision of the Constitution that forbade states from issuing "bills of credit". The 6–1 decision demonstrated the Taney Court's support for Jacksonian principles of states' rights and opposition to federal control of banking.

Briscoe v. Bank of Kentucky
Supreme Court of the United States
Decided February 11, 1837
Full case nameJohn Briscoe and others v. The President and Directors of the Bank of the Commonwealth of Kentucky
Citations36 U.S. 257 (more)
11 Pet. 257
Holding
The Bank of Kentucky's issuance of banknotes does not violate the Constitution.
Court membership
Chief Justice
Roger B. Taney
Associate Justices
Joseph Story · Smith Thompson
John McLean · Henry Baldwin
James M. Wayne · Philip P. Barbour
Case opinions
MajorityMcLean, joined by Taney, Thompson, Baldwin, Wayne, Barbour
ConcurrenceThompson
ConcurrenceBaldwin
DissentStory
Laws applied
Article I, Section 10 of the U.S. Constitution
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