Michael Rozeff
Tenth Amendment Center
March 16, 2010
Are you aware that a Federal Reserve dollar bill is not a constitutional dollar? Perhaps you are, but if so, do you know what a constitutional dollar literally is? Is it gold? Is it silver? Is it both? What is actually meant by a metal standard? Can the United States or any country be on two standards at the same time? Can two metals circulate as coin if there is but one standard? Or does one metal have to drive the other out of circulation? How and why does Gresham’s law work when a country uses metal coin for money? In what ways are certain statements of Gresham’s law misleading?
Sooner or later, if and when the power of the Federal Reserve over money is revoked in a constitutional manner, and if and when constitutional coin comes back into use, these questions will need to be asked, answered, and understood. That is what this article does in a compact fashion.
In his meticulously researched two-volume work, Pieces of Eight, constitutional lawyer Edwin Vieira Jr. shows beyond any doubt that the constitutional dollar in the United States is an “historically determinate, fixed weight of fine silver.” The Coinage Act of 1792 is but one source among many that makes this evident, reading,
“the money of account of the United States shall be expressed in dollars or units … of the value [mass or weight] of a Spanish milled dollar as the same is now current, and to contain three hundred and seventy-one grains and four sixteenth parts of a grain of pure … silver.
The United States has a legal and constitutional silver standard, although we would not know it today, since the government has illegally and unconstitutionally removed silver as currency and replaced it with the Federal Reserve notes that we know as dollar bills. The term “dollar bills” obscures the actual and tangible meaning of “dollar” as a specific weight of silver.
Entire Article
Yes, a dollar under the Constitution of the United States is a Spanish Milled dollar coin, or its equivalent, in coin form, containing 371.25 grains of fine silver. The dollar was established by the Continental Congress before the adoption of the Constitution. The United States Congress established a mint to coin the dollar. This was done because Spain had depreciated its dollar coin five percent. See Hamilton's Report on the establishing of a mint (January 28, 1791). Refer to the work, "What is the Dollar in the United States" (online), its author, Dan Goodman.
ReplyDeleteAnd since debts are generally denominated in terms of dollars, then only silver coin (and maybe gold coin) can be tender in payment of the debt.
On the issue of legal tender:
The United States cannot make its obligations a legal tender in payment of private debts. In the case of Julliard v. Greenman, the United States Supreme Court held that: 1) Congress had the power to make its obligations a legal tender in the payment of private debts, and 2) that this power was an implied power under the Constitution based on the case of McCulloch v. State of Maryland. The Court determined that this implied power of making the obligations of the United States a legal tender in payment of private debts was a means (incident) to the power (expressly) given to Congress to borrow money on the credit of the United States.
However, the case of McCulloch v. State of Maryland was wrongly decided. The concept of implied powers does not exist in the Constitution. In fact, such a concept, if a doctrine would be in conflict with the doctrine that the Congress is a government of enumerated powers. As such, Congress does not have the power to make its obligations a legal tender in payment of debts, since the concept of implied powers does not exist in the Constitution. Since the power is not granted (expressly) to Congress, the power to make its obligations a legal tender in payment of private debts is not given to Congress under the Constitution of the United States. This is shown in the work, "The United States government does not have the power to make its obligations a legal tender" (online) by Dan Goodman.