This weak and unsound footing upholding an American legal tender paper currency now supportstremendous weight and is thus prone to give way spectacularly to the smallest measure of truth (which isthe same circumstance as will be found with all government action beyond the spirit of the Constitution).Through understanding the mechanism by which we were deprived of our lawful tender of goldand silver coin, we Americans may then understand how omnipotent government seeks to circumvent thespirit of the Constitution while denying us Americans our rightful liberty which is our birthright.
May the government which was instituted to protect persons and property be transformed tobecome the most efficient instrument for confiscating and prohibiting our most liquid form of property?
Theanswer is emphatically “no”, except by our ignorance of the deceptive means instituted for such deceitful purposes.As shown by careful examination of our Constitution, the 1862-era legal tender legislative actsand the 1933 executive order which required “persons” to turn in their gold, we cannot be deprived of our property by government except for public purposes with due process and just compensation (and gold & paper currencies are not equivalents).Though a thorough detailing of these matters is far beyond the scope of a brief article, thehighlights may nevertheless certainly introduce the concept. Readers interested in learning further detailsmay then obtain a free pdf download of
Monetary Laws of the United States
atwww.MonetaryLaws.com or at www.scribd.com/matt_erickson_6/collections, which goes into such matters in meticulous detail.
Upholding paper currencies as a legal tender in the United States was as simple as redefining “theUnited States” to mean (only) “the District of Columbia” within the act of February 25, 1862 (12 Stat.345) which instituted the first legal tender paper notes.To understand the ramifications of such action one must realize that the original land area for theDistrict of Columbia was specifically ceded over to the government of the United States by the States of Virginia and Maryland and that no State any longer retains
jurisdiction or governing authority for thefederal seat.The significance of this is that in this “exclusive jurisdiction” area created under Article I, Section8, Clause 17 of the U.S. Constitution for the seat of government, Congress may rightfully enactlegislation here much as elsewhere would be handled by a State or local government (since no Statewhatsoever retains
governing authority in the government seat).The District of Columbia is the only place (except various forts, magazines, arsenals, dock-yardsand other needful buildings under similar “exclusive legislative” jurisdiction ceded by various States) inthe United States where ONE government handles ALL matters.Everywhere else, government authority is divided between federal and State authority under theexpress terms and conditions of the U.S. Constitution. In all these other areas, federal authority is limitedto that delineated by the Constitution
and the States handle the remainder of matters
(in conformity withthe 10
Amendment).However, when members of Congress enact legislation for the seat of government, they need notfollow the normal constitutional limitations imposed by the Constitution, because this is how Article I,Section 8, Clause 17 directs it be done (as there is no longer any State to handle
these other matters for this area, and these other matters must be handled by someone
Members of Congress are given“exclusive legislative” jurisdiction for the seat of government to handle
State portions of governing authority
for this area
.Thus one here finds the unique ability of Congress to legislate
of normal constitutional parameters — legally and constitutionally. The remainder of the Constitution (outside Art. I:8:17) wasnot meant to limit Congress legislating for the seat of government; the remainder of the Constitution wasmeant to limit Congress legislating for all the States united.