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Title: Clean Money
Source: Tenth Amendment Center
URL Source: http://www.tenthamendmentcenter.com/2010/10/20/clean-money/
Published: Oct 27, 2010
Author: Paul Warren, Colorado Tenth Amendment Ce
Post Date: 2010-10-27 23:56:28 by GreyLmist
Keywords: None
Views: 137
Comments: 19

The United States Constitution declares, in Article I, Section 10,

“No State shall… make any Thing but gold and silver Coin a Tender in Payment of Debts.”

State-Level Constitutional Tender laws seek to nullify federal legal tender laws in the state by authorizing payment in gold and silver or a paper note backed 100% by gold or silver.

The concept of Honest Money is lost on most US citizens, thanks in part to a complete and utter lack of discussion in public schools and universities, but certainly not lost on the elite financial organizations who vehemently oppose such reform. When Nixon decoupled the dollar from its traditional gold backing and replaced it with fiat debt (private Federal Reserve notes) in 1971 because we could no longer cover our bets with gold, he substituted the last vestige of real value (our dollar) with a promissory note (debt) representing nothing more than the willingness and ability of US citizens to shoulder the artificially created debt burden via taxes.

The current private US Federal Reserve, the third central bank in our history, creates money from nothing but the unacceptable privilege to do so, making an arbitrarily agreed upon bookkeeping entry and thus creating an imaginary value which it then extends to their private member banks to trickle down to Main Street, or tells the Treasury they have a like amount of credit to either print money or issue Treasury bills with nothing to back it but an elaborate accounting and taxing scheme which can be viewed as a tenuous financial house of cards.

The first version of the Fed was Hamilton’s first US National or Central Bank as described in this timeline:

February 25, 1791
President Washington asks his cabinet members for opinions on the National Bank. Thomas Jefferson submitted that such a Bank was unconstitutional and would also violate the yet to be ratified 10th Amendment. Alexander Hamilton submitted that Congress’s power to collect taxes was also power to create a national bank. Not convinced by either side, Washington sided with Hamilton as it was Hamilton’s job as Secretary of the Treasury to know what he was doing.

December 12, 1791
The Bank of the United States opens its doors in Philadelphia.

January 21, 1793
Hamilton and the National Bank are accused of corruption and mismanagement. Opponents to the National Bank call for the demise of the unconstitutional Bank. Congress fails to act.

February 20, 1811
Congress refuses to let the National Bank renew its Charter on the grounds that the Bank is unconstitutional.

March 4, 1811,
The Bank of the United States is dissolved.

What is astounding about our current situation is the continued willingness of Congress to take one of the highest powers granted them in the Constitution and surrenders it to the private Federal Reserve. This being the same body which consistently erodes our basic rights and freedoms with powers they do not have, passing unlawful legislation such as the Patriot Act and nebulous health care reform, yet it hands away a rightful power they do have to a highly secretive and self-serving third party. One would almost believe there was a parallel government in DC.

In fact, Wright Patman, Chairman of the United States House Committee on Banking and Currency, had this exact sentiment in when he stated in 1964, “In the US today, we have in effect two governments. We have the duly constituted government, then we have an independent, uncontrolled and uncoordinated government in the Federal Reserve, operating the money powers which are reserved to congress by the Constitution.”

He went on to say, “”The dollar represents a one dollar debt to the Federal Reserve System. The Federal Reserve Banks create money out of thin air to buy Government Bonds from the U.S. Treasury … and has created out of nothing a … debt which the American people are obliged to pay with interest.”

US monetary policy, the resultant money supply and interest rates are the life’s blood of our economy. From providing for the national defense to underwriting Main Street, nothing happens in our market without this critical resource. We depend on a stable and legitimate money supply for our basic pursuits of life and liberty and to divorce ‘We the People’ from our basic right of influence and understanding of this critical element of our lives is simply unthinkable. But it is our economic reality; all by the design of an unaudited cabal of bankers who answer to no one.

There is no elected US official who has the power of the Chairman of the Fed. He dictates our monetary policy and answers to no one. It is interesting to watch the omnipotent Fed Chairman, when asked by Congress to delve into details of our current monetary state. His typical condescending reply is that the inner machinations of his private financial gambling house are simply too complex for the average citizen to understand, that it is beyond our modest comprehension, and to ‘just trust us’, they have our best interests at heart and are doing a fine job. So let’s take a quick look at exactly how this financial behemoth evolved and what our trust and ignorance of it has wrought since we lost our financial sovereignty to it in 1913.

Within 20 years of its inception, the US Federal Reserve had managed to finance a world war which very well never would have happened without it, incurred a record $24b war debt which caused major US inflation and halving the net worth of the nation, then facilitating a bubble economy followed immediately by a devastating manufactured depression which literally redrew the face of the nation, allowed insider elites to plunder assets, and finally to underwrite an emerging Germany which set the stage for yet another world war.

All by an organization that was simply to insure reliable and secure money supply. So rather than serving we people, instead the Federal Reserve has not only been a failure in monetary policy and controlling inflation, it has literally been an instrument of tyranny on the populace and a parasitic drain on national finance.

The 10th Amendment and honest money can bring this 97 year Federal Reserve crime wave to an end, by first creating, at the state level, a competing currency to inhibit the Federal Reserve from continuing to debase the currency. Contact your State Representative and ask them to support a Constitutional Tender Law, model legislation is provided here for you.

Paul Warren [send him email] is the Communications Director for the Colorado Tenth Amendment Center.


Poster Comment:

"Gold is the money of kings; silver is the money of gentlemen; barter is the money of peasants; but debt is the money of slaves."1

1Money and Wealth in the New Millennium, by Norm Franz, copyright © 2001, Whitestonepress, page 154.

Some random notes next on the Constitution, money, competing currencies, and so on.

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Begin Trace Mode for Comment # 15.

#3. To: All (#0) (Edited)

The United States Constitution declares, in Article I, Section 10,

“No State shall… make any Thing but gold and silver Coin a Tender in Payment of Debts.”

What's the meaning of that? [ref: Powers prohibited of States, not prohibiting We the People]

1. It is a prohibition against the States using and losing their resources as collateral on their debts.

2. It is a prohibition against the States using perishable items as collateral on their debts and barter in those as their medium of exchange to pay their debts:

Our Founding fathers, and others, about money and banking:

"It is apparent from the whole context of the Constitution as well as the history of the times which gave birth to it, that it was the purpose of the Convention to establish a currency consisting of the precious metals. These were adopted by a permanent rule excluding the use of a perishable medium of exchange, such as of certain agricultural commodities recognized by the statutes of some States as tender for debts, or the still more pernicious expedient of paper currency."
--President Andrew Jackson, 8th Annual Message to Congress, December 5, 1836

3. As gold and silver are scarce commoditites, it is an incentive for the States not to expand their debts beyond their capacity to repay them in that form of currency.

4. It is not a prohibition against the States using other forms of currency for their non-debt related purposes such as earned income.

5. Recalling that Article 1, Section 10 also says that States have the power to engage in war when they are invaded, which might cause them to go into debt to defend themselves, it is a prohibition against converting their war debt into stock shares -- as Alexander Hamilton did, for example:

The Bank that Hamilton Built:

One of Hamilton’s primary goals in establishing the bank was financing the country’s war debt, which included the debts of individual states assumed by Congress. His plan for the bank provided for this by requiring that 75 percent of its privately held shares be bought with “government stock”— Treasury bonds paying 6 percent interest. (The balance was to be paid in specie.) Like the Bank of England, which had invested heavily in British government debt, the Bank of the United States would unite the interests of private enterprise in support of public credit. Bank shareholders would profit as the government paid off its debts over time. Meanwhile, the bank’s government debt—as good as gold in Hamilton’s calculus—would serve as collateral for increased currency circulation, stimulating commercial development.

In hindsight, Hamilton’s bold, financially creative proposal was more than a plan for a national bank; it was the springboard for a future U.S. economy based on private capital and the creative use of various forms of bank credit, including government debt.

It was the springboard for a War Based Economy, such as we have long been stumbling under, and the States are restricted by the above clause from War Profiteering.

GreyLmist  posted on  2010-10-28   1:07:00 ET  Reply   Untrace   Trace   Private Reply  


#9. To: GreyLmist (#3)

You're very much right that Article 1 section 10 is a restriction on the States. It prevents the States from creating or designating a legal tender additional to the federally-authorized money except by using (foreign) gold & silver coins (and the same section 10 also prohibits the States from coining money) which the US Congress has already set a value upon.

Contrast this with Article 1 section 8 clause 5, which empowers the US Congress "to coin money, regulate the value thereof, and of foreign coin, ...."

So the Constitution expects the federal govt to issue money - and to regulate its value - and also regulate the value of foreign coins. The State govts have no such authority. And since the States are expressly prohibited from making their own coins, if a State wanted to use an additional form of currency as a legal tender it would have to use a coin already made elsewhere - meaning a foreign coin which Congress already regulated. By using the word "coin" for what the States could make a legal tender, Congress was excluding such possibilities as using gold nuggets, gold dust, etc.

I might add that, when these provisions were written, there was not a single gold or silver mine in the US, so the only source for anything more than a tiny amount of either metal would have had to be foreign.

Very very early on, the Congress made Spanish silver dollars a medium of exchange in the US, but after a few years the US was minting its own coins and within a few decades Congress explicitly rejected any foreign coins as legal tender. I do not know of an instance where a State adopted a foreign coin as legal tender, and since Congress, under its Constitutional authority to regulate the value of foreign coin, had declared foreign coin unusable as legal tender, that would seem to prevent States from doing such a thing. This left the States with issuing a sort of State Bank paper money, which, having authorized it, the State govt would have to accept in payment of its own taxes and fees, but which everyone else could refuse to accept (which means the State paper money was NOT "legal tender").

The authority of Congress to coin money AND regulate its value, necessarily authorized Congress to produce currency made of paper and of non-precious metals such as nickel, copper, etc., or of a mix of metals, because coins made entirely of gold or silver, whose value was determined by the purity and weight of their ingredients, would be regulated by the market value of the metal ingredients, not by Congress.

The use of gold and silver as measurements of wealth, although extremely ancient, is somewhat difficult to justify in modern practical terms. Lord Keyes called gold money "a barbarous relic". The gold/silver was originally used for coins and for ornaments and jewelry which could be recycled for coins. But in the last couple of centuries other uses have been made of those metals: in medicines, electronics, photography and the like, rendering the recycle of those metals difficult and sometimes unfeasible. The gold & silver now circulating may have been dug up centuries ago, and possibly by slave labor, so putting an objectively calculated value on it is problematical.

The simple fact is the gold and silver is valued, and their values are dictated, solely by popular whim and supply and demand and the difficulty of obtaining it. Much the same as tulip bulbs in Holland in 1634. When the Washington Monument was completed in 1884, its top was capped with a layer of aluminum -- then considered quite a blandishment because aluminum at that time was more expensive than gold; but within a couple of decades a new method was contrived for making aluminum so now it's considered somewhat declasse. The values of gold and silver have been affected by the discovery of new sources or the exhaustion or inaccessibility of old sources. Right now the principal producers of new gold are the Republic of South Africa and Russia, so adhering to a gold standard could put us at the mercy of countries with different priorities than ours.

The use of gold and/or silver as the sole basis of our money would have the serious drawback of making our entire monetary system dependent and sensitive to the metalic production in foreign countries of just those one or two commodity metals. Instead, Federal Reserve Notes, backed by US Treasury bonds, enable the US to use as "collateral" all of its valuable resources, including national parks and forests, its industries and farming, etc., not merely the supplies of one or two metals of primarily foreign origin.

Shoonra  posted on  2010-10-28   8:17:39 ET  Reply   Untrace   Trace   Private Reply  


#11. To: Shoonra (#9)

ghostdogtxn  posted on  2010-10-28   10:31:36 ET  Reply   Untrace   Trace   Private Reply  


#13. To: ghostdogtxn (#11)

Article 1, Sec 10 prohibits the States from impairing the Obligation of Contracts. Neither was the Federal government delegated any power to impair the Obligation of Contracts. I'm of the opinion that the destabilization of our currency -- even the manipulations up and down of the market values of gold and silver which States are required to use as a debt currency -- are an impairment of the Obligation of Contracts as it alters the value of what was agreed to at the time of the contracted labor, services, goods. How about you?

GreyLmist  posted on  2010-10-28   10:55:18 ET  Reply   Untrace   Trace   Private Reply  


#14. To: GreyLmist (#13)

ghostdogtxn  posted on  2010-10-28   11:52:06 ET  Reply   Untrace   Trace   Private Reply  


#15. To: ghostdogtxn (#14)

I think the creation and empowerment of the Federal Reserve was unconstitutional on so many different levels that the impairment of contract provision is just another example of it.

I agree but don't think that money issued in paper form is why it's Unconstitutional, except that the States are required to use gold or silver based currency for their debt purposes. The Fed Res isn't needed to be a central bank for the US government. Congress can issue sound money and borrow it too without the Fed Res middle-men and their exorbitant costs for conjuring up fiat money backed by nothing of value. Nobody should have to use that idiotic, unethical, and dysfunctional money system.

Americans Are Printing Their Own Money

GreyLmist  posted on  2010-10-29   8:21:58 ET  Reply   Untrace   Trace   Private Reply  


Replies to Comment # 15.

#16. To: GreyLmist (#15)

Itistoolate  posted on  2010-10-29 08:24:37 ET  Reply   Untrace   Trace   Private Reply  


End Trace Mode for Comment # 15.

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