Technicly, it is already tender and not illegal, the problem is valuta.
Whatever "make" means is so poorly defined, you could as well delete it from the sentence. What they really can't do is make SCOTUS interpret the word as needed.
The way I read it says a) a state must not [glob] legal tender b) unless they literally make gold and silver coin. Because states issue coin with heads in local custom as much as their reserves allow.
Though an etymologic fallacy, that's closer to the sense of making bread, compare to mix, etc. Grammatically, a legal tender can well be adverbial, Gold the legal tender and nothing else shall be made by the state, where the scope of the verb is pragmatically restricted to the context as per usual.
Whatever "make" means is so poorly defined, you could as well delete it from the sentence. What they really can't do is make SCOTUS interpret the word as needed.
The way I read it says a) a state must not [glob] legal tender b) unless they literally make gold and silver coin. Because states issue coin with heads in local custom as much as their reserves allow.
Though an etymologic fallacy, that's closer to the sense of making bread, compare to mix, etc. Grammatically, a legal tender can well be adverbial, Gold the legal tender and nothing else shall be made by the state, where the scope of the verb is pragmatically restricted to the context as per usual.