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Debunking The Gold Standard: The Myth of Legality

Golden tomes of law?

Photo by Pawel Loj. (License: Creative Commons Attribution)

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Thanks in large part to the hype surrounding Ron Paul's candidacy within the Republican Party, the notion of a US return to the Gold Standard has enjoyed renewed popularity as of late. Mr Paul supports the dissolution of the United States Federal Reserve and a return to the Gold Standard. Others in his ideological camp would take the matter yet further, and some have gone so far as to suggest that the United States do away with paper currency altogether and return to the practice of using coins minted from actual precious metals as currency.

Like many of the solutions seized upon by hobbiest libertarians, these monetary policies are concise, simplistic, and - unfortunately - completely wrong. A return to the Gold Standard is not only profoundly inadvisable for the United States, but also impractical, unnecessary, and unrepresentative of the problems and solutions put forth by the followers of Dr. Paul. In an effort to inject some sanity into the debate, this article will address the second of three myths and misunderstandings upon which the Gold Standard movement is based.

Myth: The Federal Reserve Is Unconstitutional

Established in 1913, the Federal Reserve (the Fed) is the quasi-governmental body that manages and maintains the value of US currency on the national and international market. Though the inner workings of the Federal Reserve are somewhat complex, its power to regulate the currency stems from its authority to issue Treasury Securities on the open market. These securities, in conjunction with the authorities granted to private banks to lend in excess of deposits, allows the Federal Reserve and its associated banks the ability to create (and through a more circuitous process destroy) money as needed within the US Economy.

Critics charge that the Fed is unconstitutional, citing, as Bacher et allia do in "Fiat Empire," the following excerpt from Article I of the United States Constitution:

The Congress shall have Power To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures; No State shall make any Thing but gold and silver Coin a Tender in Payment of debts.

Such a sentence would seem the death-knell of the Federal Reserve and its fiat money system, but Article I contains no such sentence. The above quotation is a convenient fiction, cobbled together from two dispirit sections of Article I and joined - incorrectly - with a semi-colon; thus wrongly implying a continuation of thought where none exists. What follows are the component sentences in their original context.

Article I, Section 8, Paragraph 5: [The Congress shall have Power] To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;

Article I, Section 10, Paragraph 1: No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility;

The quotation from Bacher et allia is a conglomeration of two sections of Article I: Sections 8 and 10. These sections have very little to do with each other. Section 8 enumerates some of the powers of the Congress, paragraph 5 in particular codifying Congress' power to coin money and regulate the value of that money. Section 10 enumerates specific actions which are prohibited to the States. Section 10, which is the only section of the Constitution which contains either the word "gold" or "silver" makes no mention whatsoever of any limits or constraints upon the power of the Congress.

In short, the "supporting evidence" Bacher et allia provide to substantiate their claims that the Federal Reserve is unconstitutional is inaccurate at best and dishonest at worst.

Indeed, evidence for the legality and constitutionality of the Federal Reserve is ample throughout the decisions of the United States Supreme Court. The Court first upheld the right of the Federal Government to issue notes in McCulloch v. Maryland (1819) and compounded that ruling in Nortz v. United States (1935) in which it held that the Congress may compel the surrender of gold-backed notes for non-gold-backed notes based upon the power of the Congress to alter, legislatively, the value of currency visa-vie gold itself and, of course, the regulation of interstate commerce.

The rational for the Federal Reserve extends legally from the Congress' authority to create a bank as upheld in McCulloch, but the Fed is not under the constant and direct control of Congress. Congress and the President appoint a Board of Governors for the Fed which provide governmental representation and oversight, but the actual Federal Reserve Banks are privately held entities that themselves regulate the money supply to member banks as market pressures dictate.

This hybrid of government and free-market falls under frequent criticism from strict constructionists who cite it as an abdication of Congressional Authority.

To answer this question one must turn to another example of Congressional outsourcing. In Article I, Section 8, Clause 7, Congress is granted the power To establish post offices and post roads.. In Searight v Stokes (1845) the Supreme Court ruled that the Congress could accomplish this by entering into a contract with a State to undertake the construction and upkeep of a postal road. In short, Searight upholds the Congress' authority to charge some other entity with the inaction of its powers. Indeed later and repeated opinions and dissents confirm the Searight decision. Congress is not bound to undertake provisions in Article I, Section 8 but merely granted the power to do so. As such, the charging of a third party with the responsibilities of monetary governance is neither unconstitutional nor without precedent.

Solidly on legal ground, the Federal Reserve's hybrid governmental and corporate nature serves to insulate it from the excesses of both. As a governmental entity it is, by design, cautious and concerned for the long term viability of the money supply. As a corporate entity is responds rapidly (but within the dictates of its Board of Governors) to the pressures of the open market. Certainly not without failings, the Fed's hybrid structure has created a system that is driven by both equity and efficiency and, despite criticisms to the contrary, completely within the legal framework set forth by the founding fathers.

[Previous: Part I -- The Myth of Stability] [Next: Part III - Myth: Inflation Is A Bad Thing]

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6.4
{"commentId":816534,"authorDomain":"killfile"}

This is part 2 in a three part series. Part 3, on the topic of inflation, should be up tomorrow. Please hold discussion of inflationary pressures until then.

{"commentId":816534,"threadId":"118854","contentId":"805326","authorDomain":"killfile"}
  • 1 vote
Reply#1 - Wed Jun 27, 2007 10:23 AM EDT
{"commentId":816639,"authorDomain":"killfile"}

Yes I'm aware the image isn't loading. I have no idea why.

{"commentId":816639,"threadId":"118854","contentId":"805326","authorDomain":"killfile"}
  • 1 vote
#1.1 - Wed Jun 27, 2007 10:45 AM EDT
Reply
{"commentId":816660,"authorDomain":"sbutki"}

This looks like the same beginning as part 1.
Cut and paste error?

{"commentId":816660,"threadId":"118854","contentId":"805326","authorDomain":"sbutki"}
    Reply#2 - Wed Jun 27, 2007 10:50 AM EDT
    {"commentId":816705,"authorDomain":"killfile"}

    Nope... it's a three part series, I thought I'd make the lead-ins consistant

    {"commentId":816705,"threadId":"118854","contentId":"805326","authorDomain":"killfile"}
    • 1 vote
    #2.1 - Wed Jun 27, 2007 11:07 AM EDT
    Reply
    {"commentId":816794,"authorDomain":"wbrianwhite"}

    Killfile, that rationale for abdicating responsibility could then be applied to other Congressional powers, like the ability to raise an army and a navy and declare war. Are you comfortable with that possibility? Simply because in some cases they are allowed to abdicate their responsibilities is in no way an argument for the wisdom of ever actually doing so.

    {"commentId":816794,"threadId":"118854","contentId":"805326","authorDomain":"wbrianwhite"}
    • 1 vote
    Reply#3 - Wed Jun 27, 2007 11:29 AM EDT
    {"commentId":816841,"authorDomain":"killfile"}

    I'm not arguing wisdom here, I'm arguing legality. The fact of the matter is that Congress is allowed to do that.

    Just as they're allowed to hire Blackwater to help out in Iraq.

    Am I comfortable with that? Not really with respect to Blackwater -- but I think that any market economist will tell you that market regulation is most hampered by the slow pace of government. The hybrid nature of the Fed most adequately combines the fast pace of the market with the equity seeking behavior of Government.

    {"commentId":816841,"threadId":"118854","contentId":"805326","authorDomain":"killfile"}
    • 3 votes
    #3.1 - Wed Jun 27, 2007 11:40 AM EDT
    {"commentId":816937,"authorDomain":"wbrianwhite"}

    And how about the 'debt repayment' to the banks issuing the currency? That's generally the main complaint I hear, private banks raking in the money for doing nothing other than minting currency. I don't see that as looking like something you're going to address in part 3.

    {"commentId":816937,"threadId":"118854","contentId":"805326","authorDomain":"wbrianwhite"}
      #3.2 - Wed Jun 27, 2007 11:57 AM EDT
      {"commentId":816970,"authorDomain":"killfile"}

      I'm not sure what you mean there. Are you talking about the Fractional Reserve system?

      {"commentId":816970,"threadId":"118854","contentId":"805326","authorDomain":"killfile"}
      • 1 vote
      #3.3 - Wed Jun 27, 2007 12:04 PM EDT
      {"commentId":817031,"authorDomain":"wbrianwhite"}

      I'm talking about the national debt, where the Fed merely loans money to the government and then charges interest on the loan, so that every dollar printed needs more than a dollar to be paid back. That's another thing I simply do not understand about our system.

      {"commentId":817031,"threadId":"118854","contentId":"805326","authorDomain":"wbrianwhite"}
        #3.4 - Wed Jun 27, 2007 12:19 PM EDT
        {"commentId":817055,"authorDomain":"wbrianwhite"}

        This may be related to fractional reserve. I really don't understand the system.

        {"commentId":817055,"threadId":"118854","contentId":"805326","authorDomain":"wbrianwhite"}
          #3.5 - Wed Jun 27, 2007 12:25 PM EDT
          {"commentId":817058,"authorDomain":"martinez"}

          He is referring to predatory lending and the idea of lending money than doesn't exist...

          These securities, in conjunction with the authorities granted to private banks to lend in excess of deposits...

          Where is this money coming from on the global scale?

          Do you propose we just continue to spend more than we earn?

          {"commentId":817058,"threadId":"118854","contentId":"805326","authorDomain":"martinez"}
            #3.6 - Wed Jun 27, 2007 12:26 PM EDT
            {"commentId":817081,"authorDomain":"killfile"}

            It's important that we divorce the idea of the national debt as such from the Fed. They're not quite the same thing.

            The US Government can borrow money through the issuance of bonds sold on the open market... but debt can also be monetized through the Fed. This is key -- the Fed is not the only route by which the government can borrow money.

            Now the decision to monetize debt or not monetize debt is one that the Fed makes and I won't say that I always agree with that decision, but that's not to say that the ability to so monetize debt is a bad thing.

            I would say that, in my opinion, we've been too zealous in the monetization of our debt, in large part because we've seen a number of years of very intentional weak-dollar policies intended to drive down the value of the dollar to make US exports more attractive.

            Of course, this can't last forever.

            That said, the importance of being able to monetize debt can't be overstated per the regulatory nature of the Fed and its ability to respond to and deal with the fluctuations of the monetary system.

            {"commentId":817081,"threadId":"118854","contentId":"805326","authorDomain":"killfile"}
            • 1 vote
            #3.7 - Wed Jun 27, 2007 12:33 PM EDT
            {"commentId":817227,"authorDomain":"wbrianwhite"}

            I was asking only about the debt controlled by the Fed. Why do these private banks get to collect interest on the public debt? Doesn't that seem wrong, and just fraught with peril?

            {"commentId":817227,"threadId":"118854","contentId":"805326","authorDomain":"wbrianwhite"}
              #3.8 - Wed Jun 27, 2007 1:13 PM EDT
              {"commentId":817272,"authorDomain":"killfile"}

              Because they're loaning it out. Why shouldn't they get to collect interest? They are extending credit to the US government. Surely they deserve some compensation for that.

              {"commentId":817272,"threadId":"118854","contentId":"805326","authorDomain":"killfile"}
                #3.9 - Wed Jun 27, 2007 1:20 PM EDT
                {"commentId":817318,"authorDomain":"wbrianwhite"}

                What are they loaning exactly?

                {"commentId":817318,"threadId":"118854","contentId":"805326","authorDomain":"wbrianwhite"}
                • 1 vote
                #3.10 - Wed Jun 27, 2007 1:28 PM EDT
                {"commentId":817341,"authorDomain":"Entelechy"}

                Except that the government pays its debts by taxing the public, so these lenders are being "compensated" for privileged access to the treasury. It would not be unfair to call the Federal Reserve system the world's largest corporate welfare program.

                {"commentId":817341,"threadId":"118854","contentId":"805326","authorDomain":"Entelechy"}
                • 4 votes
                #3.11 - Wed Jun 27, 2007 1:35 PM EDT
                {"commentId":817418,"authorDomain":"martinez"}

                What are they loaning exactly?

                Digits on a color screen that give you the ability to purchase true wealth, a home, in return for your labor through work, with the hope you will build the home, go broke, and have to turn the home over to the banks.

                {"commentId":817418,"threadId":"118854","contentId":"805326","authorDomain":"martinez"}
                  #3.12 - Wed Jun 27, 2007 1:53 PM EDT
                  {"commentId":817430,"authorDomain":"killfile"}

                  The reason they collect interest is that monetization increases the money supply. If the US government borrows $1,000,000 from the Fed today by issuing bonds that will mature in 6 months than the money it collects upon the issuance is representative of a money supply as yet undiluted by the monetization of that debt. When those bonds come due, however, there has been an inflationary pressure which must be made up for.

                  Certainly we may quibble about the exact amount, but you can't seriously argue that there is no inflationary pressure created here. Yes, the bank does better than everyone else by virtue of being close to the transaction, but the transaction does have to occur someplace and if Government competed in the private equity market the results would be catastrophic.

                  {"commentId":817430,"threadId":"118854","contentId":"805326","authorDomain":"killfile"}
                  • 1 vote
                  #3.13 - Wed Jun 27, 2007 1:56 PM EDT
                  {"commentId":817647,"authorDomain":"wbrianwhite"}

                  Killfile, what are they loaning exactly?

                  {"commentId":817647,"threadId":"118854","contentId":"805326","authorDomain":"wbrianwhite"}
                    #3.14 - Wed Jun 27, 2007 2:52 PM EDT
                    {"commentId":817667,"authorDomain":"killfile"}

                    Killfile, what are they loaning exactly?

                    The fractional value of their own reserves in theory -- though in practice the fractional value of all money in circulation.

                    At the end of the day the US government pays interest in order to balance the books. In theory it could be done without an interest payment but then you'd be complaining that the government gets interest free loans.

                    {"commentId":817667,"threadId":"118854","contentId":"805326","authorDomain":"killfile"}
                    • 1 vote
                    #3.15 - Wed Jun 27, 2007 2:57 PM EDT
                    {"commentId":817703,"authorDomain":"wbrianwhite"}

                    With interest payments on the debt the fastest growing part of the federal budget those interest payments are a serious concern.

                    http://www.federalbudget.com/

                    In Fiscal Year 2006, the U. S. Government spent $406 Billion of your money on interest payments* to the holders of the National Debt. Compare that to NASA at $15 Billion, Education at $61 Billion, and Department of Transportation at $56 Billion.

                    I am uncertain whether we need to revisit our currency system to correct that situation or not, but what we're doing now isn't working. Having had credit card debt problems in my past, I am entirely unsympathetic at this point to a system that is this out of control. $406 billion per year on debt interest? Why bother complaining about the cost of the war when the debt payments are the huge elephant in the room?

                    Back to the topic though, my complaint is that they are taking loans, with all the interest payment problems that raises, rather than issuing currency.

                    {"commentId":817703,"threadId":"118854","contentId":"805326","authorDomain":"wbrianwhite"}
                      #3.16 - Wed Jun 27, 2007 3:11 PM EDT
                      {"commentId":817871,"authorDomain":"killfile"}

                      That is the issuance of currency. That's how additional currency is injected into the system.

                      {"commentId":817871,"threadId":"118854","contentId":"805326","authorDomain":"killfile"}
                      • 1 vote
                      #3.17 - Wed Jun 27, 2007 3:58 PM EDT
                      {"commentId":817894,"authorDomain":"Entelechy"}

                      Yes, the bank does better than everyone else by virtue of being close to the transaction, but the transaction does have to occur someplace and if Government competed in the private equity market the results would be catastrophic.

                      There's an assumption here that the government will always be going into debt. A government that operated on a balanced budget and only took out loans for sudden large expenditures (wars, for the most part) would be preferable to the current system.

                      It's possible that if we didn't have the Fed the government would also be much less willing to take on the debt needed to wage war. Frankly, it's hard to see that as a bad thing.

                      {"commentId":817894,"threadId":"118854","contentId":"805326","authorDomain":"Entelechy"}
                      • 1 vote
                      #3.18 - Wed Jun 27, 2007 4:03 PM EDT
                      {"commentId":817961,"authorDomain":"killfile"}

                      Given that we were already in debt when the Constitution was signed I find that unlikely.

                      No - we'll be less likely to take out debt when Americans start realizing that you have to pay for things. Debt is debt, and for the most part the voters don't care where it comes from. If you eliminate the Fed the government will continue to borrow from elsewhere.

                      I'm no fan of public debt (at least not to the extent that we have it now) but blaming the Fed for it is a lot like blaming rolling paper manufacturers for the popularity of marijuana.

                      {"commentId":817961,"threadId":"118854","contentId":"805326","authorDomain":"killfile"}
                      • 1 vote
                      #3.19 - Wed Jun 27, 2007 4:18 PM EDT
                      {"commentId":818543,"authorDomain":"Entelechy"}

                      If you eliminate the Fed the government will continue to borrow from elsewhere.

                      Not at anywhere near current rates. Prior to 1933, there was always at least some specie currency available. Afterwards none. Average US public debt 1791 to 1932 is about 13% of GDP, while from 1933 to the present the average is 55%. In the one extended period of US history where we had no central bank and fully specie backed currency (1836 to 1861) average public debt was a mere 1.25% of GDP. The US did have significant debt at the end of the Revolution, but adjusted for GDP, the first year in which debt exceeded that amount was 1933. Since 1933, public debt has almost always exceeded the post-Revolutionary amount.

                      That the Fed facilitates a higher level of public debt is beyond doubt.

                      {"commentId":818543,"threadId":"118854","contentId":"805326","authorDomain":"Entelechy"}
                      • 2 votes
                      #3.20 - Wed Jun 27, 2007 7:00 PM EDT
                      {"commentId":818622,"authorDomain":"killfile"}

                      Average US public debt 1791 to 1932 is about 13% of GDP, while from 1933 to the present the average is 55%. In the one extended period of US history where we had no central bank and fully specie backed currency (1836 to 1861) average public debt was a mere 1.25% of GDP.

                      Nevermind the fact that we were functionally occupying or attempting to occupy the world and/or intentionally spending more than we made to dig ourselves out of a depression after Roosevelt's election in 1932.

                      Look at what we did from 1932 onwards. Jesus man! It's completely unlike anything we'd ever tried before. Way beyond what anyone in the world had ever tried. We recovered from a major depression and then (functionally) conquered the Western World.

                      Of course federal borrowing was up.

                      And then we fought a war of economic attrition through military spending against a command economy.

                      Of course borrowing was high.

                      But the Fed existed in 1913, not just 1932.

                      {"commentId":818622,"threadId":"118854","contentId":"805326","authorDomain":"killfile"}
                      • 2 votes
                      #3.21 - Wed Jun 27, 2007 7:35 PM EDT
                      {"commentId":820047,"authorDomain":"dbstovall"}

                      Killfile,

                      I have honestly enjoyed this series. I maintain that the Fed is only constitutional based on overly broad interpretations of the Constitution and Supreme Court precedent.

                      In Searight v Stokes (1845) the Supreme Court ruled that the Congress could accomplish this by entering into a contract with a State to undertake the construction and upkeep of a postal road. In short, Searight upholds the Congress' authority to charge some other entity with the inaction of its powers

                      The Supreme Court upheld that Congress may enter into a contract with a State. Do you think it to be constitutional that "a State" in that ruling be interpreted as "some other entity", even a privately owned entity?

                      As a governmental entity it is, by design, cautious and concerned for the long term viability of the money supply

                      I think you give government too much credit here.

                      The US Government can borrow money through the issuance of bonds sold on the open market... but debt can also be monetized through the Fed. This is key -- the Fed is not the only route by which the government can borrow money.

                      Now the decision to monetize debt or not monetize debt is one that the Fed makes and I won't say that I always agree with that decision, but that's not to say that the ability to so monetize debt is a bad thing.

                      I would say that, in my opinion, we've been too zealous in the monetization of our debt, in large part because we've seen a number of years of very intentional weak-dollar policies intended to drive down the value of the dollar to make US exports more attractive.

                      How is this then "cautious and concerned for long term viability"? It seems that the Fed has been all too eager to loan out as much money as the government desires from it, knowing that while the full payment may never come, a steady stream of a huge quantity of taxpayer money will continue to poor in.

                      ... the Fed is not under the constant and direct control of Congress. Congress and the President appoint a Board of Governors for the Fed which provide governmental representation and oversight ...

                      OK. So Congress and the President directly control the Fed? While also being the main organization that is constantly borrowing from it?

                      I am no economist, nor constitutional scholar, but common sense tells me that the current system, while perhaps sound in theory, and legal, has been subverted and is not working the way it should. I don't know that a return to the gold standard is the way to go, but surely there are changes that we should make to keep us from continuing down this cycle that Congress and the Fed have set up of borrow, spend, and tax?

                      You have said that you don't always agree with the decisions of the Fed. Are there some suggestions you have for reform? Do you think the system needs reform? Perhaps that is a topic for another article, rather than a discussion in the comments.

                      {"commentId":820047,"threadId":"118854","contentId":"805326","authorDomain":"dbstovall"}
                      • 2 votes
                      #3.22 - Thu Jun 28, 2007 11:31 AM EDT
                      {"commentId":820106,"authorDomain":"Entelechy"}

                      But the Fed existed in 1913, not just 1932.

                      The Fed had essentially the same structure as today, except for one important detail. The dollar was still redeemable in specie. The Depression demonstrated (as if such demonstration were needed) that the fiat structure of the Fed and specie redemption were incompatible. Once specie redemption ended, we were essentially on a pure fiat currency.

                      Look at what we did from 1932 onwards.

                      How much of that could or would have been done without a fiat currency to facilitate the massive amount of debt? Which came first, the Fed or the empire?

                      {"commentId":820106,"threadId":"118854","contentId":"805326","authorDomain":"Entelechy"}
                      • 1 vote
                      #3.23 - Thu Jun 28, 2007 11:46 AM EDT
                      {"commentId":820115,"authorDomain":"killfile"}

                      You have said that you don't always agree with the decisions of the Fed. Are there some suggestions you have for reform? Do you think the system needs reform? Perhaps that is a topic for another article, rather than a discussion in the comments.

                      Honestly no, I don't think the system needs reform. I disagree with some of the decisions the individuals on the board have made much as I disagree with some of the decisions the Surpeme Court has made.

                      That doesn't mean I think we need to "reform the Court." It just means I'd like to see better justices appointed and I'll vote to see that this happens.

                      Ditto the Fed.

                      {"commentId":820115,"threadId":"118854","contentId":"805326","authorDomain":"killfile"}
                        #3.24 - Thu Jun 28, 2007 11:49 AM EDT
                        {"commentId":820201,"authorDomain":"dbstovall"}

                        Honestly no, I don't think the system needs reform.

                        Perhaps not a change to the Fed system but something legislative at the Congressional level? A balanced budget amendment with exceptions for wars, natural disasters, financial crises, etc?

                        It seems to me that as long as congress is able to borrow and spend as much as it damn well pleases, while passing the taxes of the general population back to the privately owned Fed, that things will continue to get worse for the average American. I suppose that I don't really have a problem with the Fed, just their enabling of Congress's liberal borrow and spend attitude with tax payer money.

                        {"commentId":820201,"threadId":"118854","contentId":"805326","authorDomain":"dbstovall"}
                          #3.25 - Thu Jun 28, 2007 12:16 PM EDT
                          {"commentId":820218,"authorDomain":"killfile"}
                          KillfileDeleted
                          {"commentId":820326,"authorDomain":"killfile"}
                          KillfileDeleted
                          {"commentId":820345,"authorDomain":"killfile"}

                          A balanced budget amendment, on its own doesn't make any sense. In any case, with that number of exceptions and the loosely defined nature of "war" to say nothing of "financial crisis" there's not much meaning to that anyhow.

                          Long story short -- yes, I'd like to see Congress borrow less, but I'm not really sure that an amendment is the best way to go about it. In trying to make it not suicidally insane (exceptions) it ends up being meaningless.

                          A pity really.

                          {"commentId":820345,"threadId":"118854","contentId":"805326","authorDomain":"killfile"}
                          • 1 vote
                          #3.28 - Thu Jun 28, 2007 12:45 PM EDT
                          {"commentId":820463,"authorDomain":"dbstovall"}

                          Killfile,

                          A balanced budget amendment, on its own doesn't make any sense. In any case, with that number of exceptions and the loosely defined nature of "war" to say nothing of "financial crisis" there's not much meaning to that anyhow.

                          Why would it not make sense by itself? What more would be needed? Three exceptions is too many?

                          Constitutionally, war is really very simple to define. Now, it might lead Congress to start declaring war on everything and everyone, just so that it can continue to borrow money at the rate it has been, but that is beside the point. Natural Disasters are equally easily definable under law. "Financial crisis" is pretty nebulous by itself, but I am pretty confident that some agreeable standards could be fashioned. I'm certain it wouldn't be bulletproof, but if it would help stop, or slow the cycle we are in, I could support it.

                          {"commentId":820463,"threadId":"118854","contentId":"805326","authorDomain":"dbstovall"}
                          • 1 vote
                          #3.29 - Thu Jun 28, 2007 1:15 PM EDT
                          {"commentId":820534,"authorDomain":"wbrianwhite"}

                          Killfile, doesn't your state of Virginia have a statewide balanced budget requirement? That leads to tough choices like cutting services when tax receipts aren't sufficient? Have you been unhappy with that system or are your concerns something else? There doesn't seem to be any way for Congress to exercise restraint absent such a mechanism.

                          {"commentId":820534,"threadId":"118854","contentId":"805326","authorDomain":"wbrianwhite"}
                          • 1 vote
                          #3.30 - Thu Jun 28, 2007 1:35 PM EDT
                          {"commentId":822427,"authorDomain":"jimmyhavok"}

                          Borrowing money is how our system creates new currency. If we had a balanced budget, we'd quickly spiral into deflation, and that's less fun than inflation.

                          {"commentId":822427,"threadId":"118854","contentId":"805326","authorDomain":"jimmyhavok"}
                            #3.31 - Fri Jun 29, 2007 3:57 AM EDT
                            {"commentId":822657,"authorDomain":"wbrianwhite"}

                            Wait, what? You mean all the presidents who started paying down the national debt were actually destroying the country?

                            {"commentId":822657,"threadId":"118854","contentId":"805326","authorDomain":"wbrianwhite"}
                            • 1 vote
                            #3.32 - Fri Jun 29, 2007 8:46 AM EDT
                            {"commentId":822896,"authorDomain":"killfile"}

                            Virginia also doesn't have to fight wars or regulate a currency. Apples and Oranges.

                            {"commentId":822896,"threadId":"118854","contentId":"805326","authorDomain":"killfile"}
                              #3.33 - Fri Jun 29, 2007 10:06 AM EDT
                              {"commentId":823495,"authorDomain":"martinez"}

                              Well, currency is only worth what it buys...

                              Most wars seem to be used to stabilize the price of a necessary commodity. They want to keep the product at just the right price maximize profits without impacting demand. On something like gas, that price is pretty high, because we use gas for just about everything outside our homes. Not to mention the gas used to stabilize your own life, i.e shipping food, luxury goods and even the gas we put in our cars.

                              {"commentId":823495,"threadId":"118854","contentId":"805326","authorDomain":"martinez"}
                                #3.34 - Fri Jun 29, 2007 12:35 PM EDT
                                {"commentId":823508,"authorDomain":"wbrianwhite"}

                                Killfile, do you agree with Jimmy Havok that paying off the debt would be bad?

                                {"commentId":823508,"threadId":"118854","contentId":"805326","authorDomain":"wbrianwhite"}
                                  #3.35 - Fri Jun 29, 2007 12:41 PM EDT
                                  {"commentId":824740,"authorDomain":"killfile"}

                                  Paying off the debt? That would be bad. Paying down the debt, however, wouldn't be such a bad idea.

                                  A little public debt is a good thing. We're way past "good thing" right now though. It wouldn't suck if we didn't owe quite so much money to China, for example.

                                  {"commentId":824740,"threadId":"118854","contentId":"805326","authorDomain":"killfile"}
                                    #3.36 - Fri Jun 29, 2007 7:20 PM EDT
                                    {"commentId":824779,"authorDomain":"jimmyhavok"}

                                    Paying off the debt? That would be bad. Paying down the debt, however, wouldn't be such a bad idea.

                                    Exactly. Debt creates money, taxation gets rid of it. If we're going to have such an enormous deb, were going to need a tax rate to match it, at some point. I suspect that the only thing that keeps us from drowning in inflation right now is how much of our money is going overseas. That situation will only last until the people who are hoarding dollars overseas get wise.

                                    Right now we are propped up by the fact that OPEC takes payment in dollars. But switching those dollars to euros has made some folks a lot of money.

                                    {"commentId":824779,"threadId":"118854","contentId":"805326","authorDomain":"jimmyhavok"}
                                      #3.37 - Fri Jun 29, 2007 7:37 PM EDT
                                      Reply
                                      {"commentId":817446,"authorDomain":"charles4000"}

                                      yea

                                      {"commentId":817446,"threadId":"118854","contentId":"805326","authorDomain":"charles4000"}
                                        Reply#4 - Wed Jun 27, 2007 1:59 PM EDT
                                        {"commentId":817634,"authorDomain":"newcreation"}

                                        As a governmental entity it is, by design, cautious and concerned for the long term viability of the money supply.

                                        I don't see how you can say that with a straight face.

                                        {"commentId":817634,"threadId":"118854","contentId":"805326","authorDomain":"newcreation"}
                                        • 5 votes
                                        Reply#5 - Wed Jun 27, 2007 2:49 PM EDT
                                        {"commentId":817658,"authorDomain":"killfile"}

                                        I don't see how you can say that with a straight face.

                                        Ask the Wiemar Republic. I'm sure they could give you an explanation.

                                        {"commentId":817658,"threadId":"118854","contentId":"805326","authorDomain":"killfile"}
                                        • 1 vote
                                        #5.1 - Wed Jun 27, 2007 2:55 PM EDT
                                        Reply
                                        {"commentId":817708,"authorDomain":"hemphill"}

                                        Article I, Section 10, Paragraph 1: No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility;

                                        So doesn't that read "No State shall make any Thing but gold and silver Coin a Tender in Payment of Debts"?
                                        I would think that forcing the states to use a non gold/silver backed currency would be unconstitutional. The legality argument I understand, but calling it consititutional seems a stretch.

                                        {"commentId":817708,"threadId":"118854","contentId":"805326","authorDomain":"hemphill"}
                                        • 2 votes
                                        Reply#6 - Wed Jun 27, 2007 3:13 PM EDT
                                        {"commentId":817743,"authorDomain":"wbrianwhite"}

                                        Time to repeal that part. I'm tired of waiting for my title of nobility.

                                        ;)

                                        {"commentId":817743,"threadId":"118854","contentId":"805326","authorDomain":"wbrianwhite"}
                                        • 1 vote
                                        #6.1 - Wed Jun 27, 2007 3:22 PM EDT
                                        {"commentId":817757,"authorDomain":"thevineofhob"}

                                        That section is geared more towards say if NY decided they wanted their own NY currency, it could only be gold or silver. This wasn't meant to say that the states couldn't use national currency not backed by gold or silver.

                                        {"commentId":817757,"threadId":"118854","contentId":"805326","authorDomain":"thevineofhob"}
                                        • 1 vote
                                        #6.2 - Wed Jun 27, 2007 3:29 PM EDT
                                        {"commentId":817916,"authorDomain":"hemphill"}

                                        I get that, but as it's written, it seems to say that they can't use a national currency not backed by gold/silver.

                                        {"commentId":817916,"threadId":"118854","contentId":"805326","authorDomain":"hemphill"}
                                          #6.3 - Wed Jun 27, 2007 4:08 PM EDT
                                          {"commentId":818003,"authorDomain":"killfile"}

                                          I get that, but as it's written, it seems to say that they can't use a national currency not backed by gold/silver.

                                          No it's not written that way at all!

                                          The only place where "gold" or "silver" appears in the text of the Constitution anywhere is here:

                                          No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility;

                                          Note that is says "State" the National Government is not a State. The part authorizing the Congress to deal with money and coinage is actually in an entirely separate paragraph that doesn't talk about states at all.

                                          {"commentId":818003,"threadId":"118854","contentId":"805326","authorDomain":"killfile"}
                                          • 1 vote
                                          #6.4 - Wed Jun 27, 2007 4:30 PM EDT
                                          {"commentId":818195,"authorDomain":"hemphill"}

                                          Would it be better if we said "the state tendering US currency for payment of a debt is unconstitutional"?

                                          The National government can make currency from anything they want. That chunk just says the states can not use any thing but gold and silver coin as tender for payment of debts. That means when a state uses the US Dollar as tender for a payment of a debt, that the act is unconstitutional.

                                          {"commentId":818195,"threadId":"118854","contentId":"805326","authorDomain":"hemphill"}
                                            #6.5 - Wed Jun 27, 2007 5:21 PM EDT
                                            {"commentId":818525,"authorDomain":"jimmyhavok"}

                                            If that clause of the Constitution bans non-metal currency, then it also bans Treaties, Alliances, and Confederations.

                                            {"commentId":818525,"threadId":"118854","contentId":"805326","authorDomain":"jimmyhavok"}
                                            • 2 votes
                                            #6.6 - Wed Jun 27, 2007 6:53 PM EDT
                                            {"commentId":818635,"authorDomain":"killfile"}

                                            make any Thing but gold and silver Coin a Tender

                                            Sorry hemphill but no. The National Government, not the states, printed "for all debts public and private" on those bills. to "make Tender" means, in the constitutional sense, to legislate that such a currency must, by law, be accepted by all those seeking to collect a debt.

                                            It doesn't mean "pay."

                                            {"commentId":818635,"threadId":"118854","contentId":"805326","authorDomain":"killfile"}
                                            • 1 vote
                                            #6.7 - Wed Jun 27, 2007 7:39 PM EDT
                                            {"commentId":818919,"authorDomain":"hemphill"}

                                            Legality and constitutionality are two separate entities, something can be legal without being constitutional. If something goes against the constitution it is unconstitutional. The federal government printing the cash is fine. The state using the cash as currency, while legal, is not constitutional.

                                            My understanding is that tender, in the sense used, means 'money that may be legally offered'(ref).

                                            {"commentId":818919,"threadId":"118854","contentId":"805326","authorDomain":"hemphill"}
                                              #6.8 - Wed Jun 27, 2007 11:28 PM EDT
                                              {"commentId":819005,"authorDomain":"killfile"}

                                              The supremacy clause of the US constitution says that the states have no choice but to accept Federal Legal Tender as Legal Tender. It's not up to the state to make that decision. McCulloch v. Maryland (1819)

                                              {"commentId":819005,"threadId":"118854","contentId":"805326","authorDomain":"killfile"}
                                              • 2 votes
                                              #6.9 - Thu Jun 28, 2007 12:07 AM EDT
                                              {"commentId":819012,"authorDomain":"killfile"}

                                              something can be legal without being constitutional

                                              Also... no. The Constitution is the supreme law of the land. Any law that violates Constitutional provisions is unconstitutional and will be struck down by the Court as established in Marbury v. Madison (1803)

                                              {"commentId":819012,"threadId":"118854","contentId":"805326","authorDomain":"killfile"}
                                              • 2 votes
                                              #6.10 - Thu Jun 28, 2007 12:09 AM EDT
                                              {"commentId":819074,"authorDomain":"thevineofhob"}

                                              and will be struck down by the Court

                                              That is assuming the Court accepts to hear the challenge. We have quite a few Constitutionally-fuzzy programs going on now that the Court has just never even ruled on.

                                              {"commentId":819074,"threadId":"118854","contentId":"805326","authorDomain":"thevineofhob"}
                                              • 1 vote
                                              #6.11 - Thu Jun 28, 2007 12:41 AM EDT
                                              {"commentId":819166,"authorDomain":"hemphill"}

                                              I recognize that 'legally' and 'constitutionally' your points are valid.

                                              In the common sense world, if mom says to wash the dishes and you don't, then you didn't follow mom's directions. To common folks if the constitution says you don't do something and you do it, you were unconstitutional. Doesn't matter in the least what the lawyers say, or the judges say. Doesn't matter what anybody says, you went and did something you were told not to.

                                              When the state pays somebody in anything other than gold or silver coin they are doing what they were told not to. To me that sounds like unconstitutional, even if they have great arguments for why its ok, even if the federal government has ordered them to.

                                              {"commentId":819166,"threadId":"118854","contentId":"805326","authorDomain":"hemphill"}
                                                #6.12 - Thu Jun 28, 2007 1:56 AM EDT
                                                {"commentId":819347,"authorDomain":"killfile"}

                                                When the state pays somebody in anything other than gold or silver coin they are doing what they were told not to.

                                                No. When a state issues its own currency that is not gold or silver they are doing what they were told not to.

                                                That's it. That's what "make tender" means in the Constitutional Context. You "tender" a payment, but you "make tender" a currency.

                                                {"commentId":819347,"threadId":"118854","contentId":"805326","authorDomain":"killfile"}
                                                • 2 votes
                                                #6.13 - Thu Jun 28, 2007 7:23 AM EDT
                                                {"commentId":820222,"authorDomain":"hemphill"}

                                                We disagree, simple as that. I don't see your interpretation there, and you don't see mine. Fair enough, people have been bickering over this document for a long time.

                                                {"commentId":820222,"threadId":"118854","contentId":"805326","authorDomain":"hemphill"}
                                                  #6.14 - Thu Jun 28, 2007 12:21 PM EDT
                                                  Reply
                                                  {"commentId":817926,"authorDomain":"disillusioned"}

                                                  Killfile your articles are some of the few where I actually feel 'smarter' after reading them.

                                                  {"commentId":817926,"threadId":"118854","contentId":"805326","authorDomain":"disillusioned"}
                                                  • 3 votes
                                                  Reply#7 - Wed Jun 27, 2007 4:09 PM EDT
                                                  {"commentId":818536,"authorDomain":"jimmyhavok"}

                                                  Here's a good primer on the matter of metal vs fiat money:

                                                  http://wfhummel.cnchost.com/metallismchartalism.html

                                                  The major problem with commodity (metal) money is that its value is subject to the supply of the commodity, rather than the needs of the economy, so an increase in supply results in inflation, and a reduction results in deflation, with no means to moderate those trends.

                                                  Additionally, in today's electronic economy, gold and silver are much too valuable as industrial materials to be tied up in money.

                                                  {"commentId":818536,"threadId":"118854","contentId":"805326","authorDomain":"jimmyhavok"}
                                                  • 2 votes
                                                  Reply#8 - Wed Jun 27, 2007 6:57 PM EDT
                                                  {"commentId":819051,"authorDomain":"iGeneration"}

                                                  Like many of the solutions seized upon by hobbiest libertarians, these monetary policies are concise, simplistic, and - unfortunately - completely wrong

                                                  This line instantly reminded me of H. L. Mencken's "For every complex problem there is an answer that is clear, simple, and wrong."

                                                  I'm astounded on the mere reasoning behind returning to the Gold Standard. Hell, we can't even get folks to give up their dollar bills and start using dollar coins instead. And although I hate to say it, we're going plastic!

                                                  {"commentId":819051,"threadId":"118854","contentId":"805326","authorDomain":"iGeneration"}
                                                  • 3 votes
                                                  Reply#9 - Thu Jun 28, 2007 12:28 AM EDT
                                                  {"commentId":820118,"authorDomain":"Entelechy"}

                                                  Hell, we can't even get folks to give up their dollar bills and start using dollar coins instead. And although I hate to say it, we're going plastic!

                                                  A gold standard does not mean you carry around gold coins. (Seriously, schools need to provide some monetary history so that the ahem, iGeneration can actually understand them.)

                                                  A gold standard means that the currency has value relative to a particular weight in gold and that currency can be exchanged for gold. You can still have paper certificates, plastic cards, etc.

                                                  {"commentId":820118,"threadId":"118854","contentId":"805326","authorDomain":"Entelechy"}
                                                    #9.1 - Thu Jun 28, 2007 11:50 AM EDT
                                                    {"commentId":824812,"authorDomain":"iGeneration"}

                                                    A gold standard does not mean you carry around gold coins. (Seriously, schools need to provide some monetary history so that the ahem, iGeneration can actually understand them.)

                                                    Sorry, but you either misunderstood my intention with the above post or I might've not explained it fully. I understand that a return to the Gold Standard is about monetary policy and not carrying around gold coins. However, given that our government can't even issue currency effectively I have little doubt that it would be able to implement an efficient monetary system centered on Gold. Furthermore, given the extremely hyperplasticity of money and 'worth' in our current economy such a system is at best antiquated and at worst inadequate. It's hard enough to adjust interest rates to protect against inflation. Instead of looking backwards, we should be creative and look towards a new more adaptive approach to monetary policy that takes into account current and future economic challenges.

                                                    {"commentId":824812,"threadId":"118854","contentId":"805326","authorDomain":"iGeneration"}
                                                      #9.2 - Fri Jun 29, 2007 7:49 PM EDT
                                                      Reply
                                                      {"commentId":819156,"authorDomain":"handshake"}

                                                      Maybe someone who advocates the gold standard could explain to me why not a single country on Earth is actually using it? I don't meant this to be an argument, I'm genuinely interested in the answer.

                                                      {"commentId":819156,"threadId":"118854","contentId":"805326","authorDomain":"handshake"}
                                                      • 3 votes
                                                      Reply#10 - Thu Jun 28, 2007 1:43 AM EDT
                                                      {"commentId":819241,"authorDomain":"jimmyhavok"}

                                                      I don't advocate it, but the fact of the matter is that even under a "gold standard," you still end up with fiat money. Even coins function as fiat money, since their value, due to the fact of minting, is higher within the sovereignty of the mint than that of their strict weight.

                                                      {"commentId":819241,"threadId":"118854","contentId":"805326","authorDomain":"jimmyhavok"}
                                                      • 2 votes
                                                      #10.1 - Thu Jun 28, 2007 3:43 AM EDT
                                                      {"commentId":819351,"authorDomain":"killfile"}

                                                      That's actually addressed in the first part of the series Jimmy, as well as the fact that by virtue of having a gold-backed currency you have also just price-fixed gold (At least within your currency). As with any other price-fix, that price can be moved later on.

                                                      Making gold just a fiat currency that's one step removed.

                                                      {"commentId":819351,"threadId":"118854","contentId":"805326","authorDomain":"killfile"}
                                                      • 2 votes
                                                      #10.2 - Thu Jun 28, 2007 7:25 AM EDT
                                                      {"commentId":820144,"authorDomain":"Entelechy"}

                                                      Maybe someone who advocates the gold standard could explain to me why not a single country on Earth is actually using it?

                                                      Consider the act of counterfeiting. You get lots of money without any real effort. Now imagine that you aren't just some small-time crook, but a powerful leader with police and soldiers that can, if necessary, force people to accept your fake money. Pretty good deal, eh?

                                                      {"commentId":820144,"threadId":"118854","contentId":"805326","authorDomain":"Entelechy"}
                                                      • 1 vote
                                                      #10.3 - Thu Jun 28, 2007 11:54 AM EDT
                                                      {"commentId":820170,"authorDomain":"jimmyhavok"}

                                                      If the gold standard was so great, then a country that was using it ought to be at a competitive advantage to other countries, and so the gold stnadard ought to prevail eventually by means of that advantage. You are saying that every single head of state is a thug, only interested in his own benefit, and that is why the experiment has never been tried.

                                                      Perhaps you'd be bettter off in a cabin in Montana.

                                                      {"commentId":820170,"threadId":"118854","contentId":"805326","authorDomain":"jimmyhavok"}
                                                        #10.4 - Thu Jun 28, 2007 12:04 PM EDT
                                                        {"commentId":820185,"authorDomain":"killfile"}

                                                        Not just every single head of state Jimmy, but the majority of every single parliamentary body. Moreover, that the majority of the democratic nations of earth are all staggeringly unaware of this seemingly obvious truth that one a very few seem to "get" in this country.

                                                        Humans have a tendency to want to believe in things that are simpler than they are. Part of it is a problem called Confrontation Bias which, strangely, a cartoonist was able to explain better than anyone else I've ever read.

                                                        {"commentId":820185,"threadId":"118854","contentId":"805326","authorDomain":"killfile"}
                                                          #10.5 - Thu Jun 28, 2007 12:08 PM EDT
                                                          {"commentId":820334,"authorDomain":"Entelechy"}

                                                          Jimmy Havok:

                                                          then a country that was using it ought to be at a competitive advantage to other countries

                                                          They are, but only economically. Nations with fiat systems have a "competitive advantage" for waging offensive war. So, in a world with a handful of great powers, the dominant powers will have a debased currency and will compel minor nations to adopt their system. In a more multipolar world (such as during the 19th century) specie currency is more likely.

                                                          Killfile:

                                                          Not just every single head of state Jimmy, but the majority of every single parliamentary body.

                                                          Political myths can persist for quite some time. Take for example the Divine Right of Kings. Why do silly ideas persist in politics? Because someone benefits from them.

                                                          Many people, yourself included, believe that the gold standard contributed to the Depression. This is superficially correct, and that disaster was quite dramatic. It's completely reasonable that most people are skeptical of specie currency. I don't need to posit conspiracy to explain the permanence of the current system.

                                                          {"commentId":820334,"threadId":"118854","contentId":"805326","authorDomain":"Entelechy"}
                                                          • 3 votes
                                                          #10.6 - Thu Jun 28, 2007 12:42 PM EDT
                                                          Reply
                                                          {"commentId":820120,"authorDomain":"killfile"}
                                                          {"commentId":820120,"threadId":"118854","contentId":"805326","authorDomain":"killfile"}
                                                            Reply#11 - Thu Jun 28, 2007 11:50 AM EDT
                                                            {"commentId":1236590,"authorDomain":"mikem72"}

                                                            Killfile, you said:

                                                            "No. When a state issues its own currency that is not gold or silver they are doing what they were told not to"

                                                            How can this be a logical reading when the States are clearly not allowed to coin money by the very same section?

                                                            ??? You seem to have put yourself in a hole. No?

                                                            {"commentId":1236590,"threadId":"118854","contentId":"805326","authorDomain":"mikem72"}
                                                              #11.1 - Mon Dec 3, 2007 3:23 AM EST
                                                              {"commentId":1236796,"authorDomain":"killfile"}

                                                              The state is allowed to coin money GW, they're just not allowed to create value.

                                                              The Constitution prevents them from "making tender" anything but Gold and Silver. So the States can make something tender (i.e. mandate by law that this substance has to be used to pay off debts) so long as that something is gold or silver.

                                                              They can't create their own money either - with is a reference to fiat money as far as I can tell. They certainly can affix their stamp to pre-measured amounts of Gold and Silver to certify the purity, quantity, etc and the same can be done with paper money.

                                                              More to the point, the same was done with paper money.

                                                              {"commentId":1236796,"threadId":"118854","contentId":"805326","authorDomain":"killfile"}
                                                                #11.2 - Mon Dec 3, 2007 7:36 AM EST
                                                                {"commentId":1239538,"authorDomain":"mikem72"}

                                                                Killfile, you don't seem too sure of your statements.

                                                                Are you claiming that the States individually have the power to coin commodity money and enforce debt obligations via such commodity money, thereby making it the official legal tender of that State?

                                                                {"commentId":1239538,"threadId":"118854","contentId":"805326","authorDomain":"mikem72"}
                                                                  #11.3 - Tue Dec 4, 2007 1:26 AM EST
                                                                  {"commentId":1240064,"authorDomain":"killfile"}

                                                                  States have the power to create currency only insofar as it is backed by or actually made up of gold and silver. The Federal government is not bound by this restriction.

                                                                  States may also "make tender" nothing other than Gold and Silver, which is not to say that they can prevent you from settleing you debt in... say... goats. The state can, however, mandate that no one can refuse payment in something that has been "made tender." Again though, States can only make tender Gold or Silver.

                                                                  {"commentId":1240064,"threadId":"118854","contentId":"805326","authorDomain":"killfile"}
                                                                    #11.4 - Tue Dec 4, 2007 9:18 AM EST
                                                                    {"commentId":1242465,"authorDomain":"mikem72"}

                                                                    Killfile, do you see in the Constitution a power granted to the Federal Congress to make anything a legal tender?

                                                                    {"commentId":1242465,"threadId":"118854","contentId":"805326","authorDomain":"mikem72"}
                                                                      #11.5 - Tue Dec 4, 2007 10:15 PM EST
                                                                      {"commentId":1242517,"authorDomain":"thevineofhob"}

                                                                      Killfile, George Washington would know. He was there ;-)

                                                                      {"commentId":1242517,"threadId":"118854","contentId":"805326","authorDomain":"thevineofhob"}
                                                                        #11.6 - Tue Dec 4, 2007 10:38 PM EST
                                                                        {"commentId":1242770,"authorDomain":"killfile"}

                                                                        GW -- Congress has the power to coin money. That's expressly stated. It also has the power to set the value thereof. Also expressly stated.

                                                                        That in and of itself creates a fiat currency. As for making it legal tender, yes, that is in there as well.

                                                                        The States are prevented from making anything other than Gold and Silver legal tender. Since this limitation is in place, only the Federal Government can lay any claim to the ability to make anything else legal tender. Since the Federal Government is quite conspicuously missing from this restrictive phrase the courts have consistently held that such an ability falls within the Congress' duties.

                                                                        That said, if you dislike the notion of legal tender that's fine too. Legal tender is not exclusive -- you can still arrange to pay for your mortgage in goats or paper clips or banana pudding if you see fit -- but your mortgage company is under no onus to take such payment.

                                                                        Moreover, actual cash as legal tender has largely been phased out as well. Numerous shops etc no longer take cash - the Washington DC Metro system as a prime example.

                                                                        On a related note. I wonder if you can turn up the parts of the Constitution that allow Congress to fund/have an Air Force and the Supreme Court to exercise the power of Judicial Review.

                                                                        {"commentId":1242770,"threadId":"118854","contentId":"805326","authorDomain":"killfile"}
                                                                          #11.7 - Wed Dec 5, 2007 12:27 AM EST
                                                                          {"commentId":1244535,"authorDomain":"mikem72"}

                                                                          So by your own reading the Constitution allows for two separate enforceable legal tender currencies?

                                                                          {"commentId":1244535,"threadId":"118854","contentId":"805326","authorDomain":"mikem72"}
                                                                            #11.8 - Wed Dec 5, 2007 3:29 PM EST
                                                                            {"commentId":1246320,"authorDomain":"killfile"}

                                                                            So by your own reading the Constitution allows for two separate enforceable legal tender currencies?

                                                                            Actually more like 51.

                                                                            And indeed states did issue their own currencies which stood against the Dollar for some time. Hell, even some banks issued money.

                                                                            US history is full of stuff like this. We moved away from this model because it was simply absurd for a continent spanning economy.

                                                                            {"commentId":1246320,"threadId":"118854","contentId":"805326","authorDomain":"killfile"}
                                                                              #11.9 - Thu Dec 6, 2007 8:51 AM EST
                                                                              {"commentId":1249136,"authorDomain":"mikem72"}

                                                                              Of course there was a time before the Constitution when it was less clear, but your idea that the Constitution allows for 51 'legal tender' currencies is facially absurd.

                                                                              I can only ponder the reasons that you could arrive at this ridiculous idea. Perhaps you envision that the drafters were so incompetent that they have entrusted the posterity of the national economy to the possibility of 51 legal tenders.

                                                                              I have taken the liberty to guess at why you may have come to this outcome;

                                                                              1. Your understanding of the Constitution is severely malformed. Even a cursory reading of it and a basic understanding of the English language contradicts the greater part of your statements about the Constitution. The Constitution authorizes 51 legal tenders?

                                                                              2. Perhaps your intent is to mislead.

                                                                              In fact the Constitution allows for one legal tender and it is simple to construct the meaning in the text. As you have stated, a power to create legal tender does not mean a prohibition of private money, trading goats, or playing games with wooden tokens. The framers were interested in a simple, but still precise construction so as not to entangle or distort the intent, and yet construe enough force to bestow upon each body its exact and appropriate powers and restrictions.

                                                                              Both sections eight and ten of article one speak mostly of the same thing concerning money. Certain powers and prohibitions exist and are very clear, the conjunction of which, when taken in total, as in any law, is the natural result.

                                                                              Legal tender is mandated by a clear nexus of the concurrent powers and prohibitions of both Congress and the States. Here is the relevant and exact Constitutional text itself, minus some irrelevant clauses:

                                                                              Article 1…

                                                                              Section 8 The Congress shall have Power To… To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures…

                                                                              Section 10 No State shall… coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts…

                                                                              From the plain language we can only come to construe the following inescapable and concise powers and prohibitions:

                                                                              1.The power of Congress to coin a money and regulate the value thereof.

                                                                              2.The absence of a power granted to Congress to emit bills of credit.

                                                                              3.The absence of a power granted to Congress to make a thing tender.

                                                                              4.The prohibitions of the States to coin money or emit bills of credit.

                                                                              5.The mandate that all tender must be gold and silver coin.

                                                                              6.The power of the States to make a thing tender.

                                                                              'Coin Money' means to strike a metal into standardized forms as a monetary trading unit. 'Regulate the value' means to stamp a value on its face. 'Emit bills of credit' means issue fiat money or paper money. 'Make a thing tender' means make a thing an enforceable official American currency, but not enforceable in the sense that the Government may enforce the use among parties who mutually agree to use some other form.

                                                                              It is quite clear by this that by making a thing into legal tender involves at least some concurrent powers of both the Congress and the States. Each exclusive power is a check on the power of the other body. Congress can coin the money but cannot make a thing tender. The States can make a thing tender but cannot coin money.

                                                                              The process is simple and straight forward:

                                                                              1. Congress coins a money, a thing for the purpose of monetary trade. Congress declares the value of the thing, i.e. 'One Ounce Pure Silver' or 'Ten Dollars' by affixing a value on the face of the thing. This in and of itself does not create a legal tender as the Congress itself is not expressly granted this power.

                                                                              2. The States are granted the power to affix a stamp or certification to the thing thereby making a thing legal tender if and only if the thing is gold or silver coin.

                                                                              3. Private interests may issue any form of money. This leaves the question of voluntary paper money and fractional reserve money squarely in the hands of private interests and subject to all contract, equity, and fraud laws. Under this nexus, it is an obvious choice for private interests (banks) to issue fiduciary currency backed by legal tender gold or silver coin.

                                                                              No other construction is valid without imparting some plainly illogical reasoning to some part or another. For example, if your reading is that the Congress has a plenary power by section 8 to create all forms of money and make it legal tender, then a plain reading of section ten is absolutely nonsensical. You would be forced to conclude that the framers intended that Congress make one type of legal tender while each State make their own separate legal tenders. This is obviously a farce.

                                                                              {"commentId":1249136,"threadId":"118854","contentId":"805326","authorDomain":"mikem72"}
                                                                                #11.10 - Fri Dec 7, 2007 3:48 AM EST
                                                                                {"commentId":1249139,"authorDomain":"mikem72"}

                                                                                In many of the modern reprints, the section headings themselves have been fraudulently altered to include annotations as to what each section is about, often without any clue left as to the extraneous and alien nature of the annotation. The alterations are often read as part of the Constitution, imparting a context which the original law does not by itself impart. The alterations, if taken by the letter, also allow a reading of one section as if in opposition to another section. The effect is subtle but important.

                                                                                For example:

                                                                                Section 10 - Powers prohibited of States

                                                                                No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility.

                                                                                No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports, except what may be absolutely necessary for executing it's inspection Laws: and the net Produce of all Duties and Imposts, laid by any State on Imports or Exports, shall be for the Use of the Treasury of the United States; and all such Laws shall be subject to the Revision and Controul of the Congress.

                                                                                No State shall, without the Consent of Congress, lay any duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.

                                                                                For Example, the words 'Powers prohibited of States' is not part of the Constitution. Also 'Section 10' is not on a separate line. The section is not strictly all about 'Powers prohibited of States' and cannot be taken as such. To do so precludes the possibility of a reading in which a nexus or conjunction of powers, granted or denied, in all the sections and clauses, taken in total may form a coherent law.

                                                                                It is plain that the fraudulent annotations tend to destroy the confluence of a reading of all sections or clauses as they may relate to each one another and in possible total concurrent meaning.

                                                                                Yes, some of the powers prohibited of States are listed here, but in fact some are even conditionally granted. But more importantly, this fraudulent annotation gives the impression that these clauses are only about the States and without any relevance whatsoever to the Congress or to anything else. This reinforces the notion that the clauses should not be read with the idea of a concurrent overall money power of some sort.

                                                                                It is to be read as it was written, one section and clause after another, with each or all having many or few relations to the others. No section titles exist to impart any meaning about what the sections are about, how one section relates to another section, how any clause within any section should be taken in relation to itself or other sections or clauses. The clauses themselves and only themselves impart the context.

                                                                                So, do you still maintain that the Constitution authorizes the States to make 51 separate legal tenders? Because if they could I assure they would.

                                                                                {"commentId":1249139,"threadId":"118854","contentId":"805326","authorDomain":"mikem72"}
                                                                                  #11.11 - Fri Dec 7, 2007 3:54 AM EST
                                                                                  {"commentId":1249349,"authorDomain":"killfile"}

                                                                                  Wow, you wrote so much there I feel kind of bad smacking it down with just a few paragraphs but here ya go:

                                                                                  No State shall ... coin Money; ... [or] make any Thing but gold and silver Coin a Tender in Payment of Debts

                                                                                  The State's can't coin money. The Federal government can coin money. Great.

                                                                                  Fun fact: when did the US mint open its doors? I'll save you the research, 1792. That's four years after the ratification of the US Constitution.

                                                                                  What, pray tell, was the United States using for currency from 1788 to 1792?

                                                                                  Again, I'll save you the research. We used Spanish Dollars. In fact, we used Spanish Dollars even after the creation of the US Dollar and after the founding of the Philadelphia Mint in 1792.

                                                                                  Why does this matter? Because it demonstrates that the ability to use something as money is completely independent of where that money comes from. So long as the coins were struck from Gold or Silver, the State of New York had (and indeed has) the power to declare them legal tender even if they're struck in Iran, Trinidad, or Peru.

                                                                                  There is nothing and I do mean nothing in the US Constitution that says that states must choose a US coinage as legal tender. States need only ensure that whatever they choose as such - if they make any such choice at all - consist of Gold or Silver. Hence, it is entirely plausible that 51 currencies, 50 struck from Gold or Silver (the states) and one with no restrictions whatsoever could all simultaneously be "made tender" within the various states in the Union.

                                                                                  {"commentId":1249349,"threadId":"118854","contentId":"805326","authorDomain":"killfile"}
                                                                                    #11.12 - Fri Dec 7, 2007 8:06 AM EST
                                                                                    {"commentId":1250525,"authorDomain":"mikem72"}

                                                                                    Perhaps you fail to see the significance of legal 'tender' as prescribed by the Constitution.

                                                                                    It is absolutely clear that only gold and silver can be tender.

                                                                                    The States cannot make their own coin money.

                                                                                    The States cannot make foriegn coin a legal tender beacause the power to regulate the value and fix the standard of weights and measures of foriegn coin is expressly given to Congress. This means that no foriegn coin can be enforced as legal tender without the approval of Congress first.

                                                                                    Section 8 The Congress shall have Power...
                                                                                    ...To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures...

                                                                                    So the States are prohibited a mechinism of making legal tender except in conjunction with the Congress to set a standards and affix a value. Congress is prohibited of making legal tender except in conjunction with the power of the States to enforce it as legal tender. Together and only together there is a clear power to make one legal tender.

                                                                                    Anyone can use any form of money at any time, but the conjunction of powers and prohibitions provides for only one legal tender. In other words, only one enforcable currency, the other forms are all voluntary.

                                                                                    {"commentId":1250525,"threadId":"118854","contentId":"805326","authorDomain":"mikem72"}
                                                                                      #11.13 - Fri Dec 7, 2007 2:28 PM EST
                                                                                      {"commentId":1250547,"authorDomain":"killfile"}

                                                                                      It is absolutely clear that only gold and silver can be [made] tender [by a state].

                                                                                      The States cannot make their own coin money.

                                                                                      No argument with these two...

                                                                                      The States cannot make foriegn coin a legal tender beacause the power to regulate the value and fix the standard of weights and measures of foriegn coin is expressly given to Congress

                                                                                      You're assuming these two powers are mutually exclusive. States might also decide to make gold or silver backed private notes legal tender should they be issued by institutions the state chooses to recognize. Again, no provision against it.

                                                                                      So the States are prohibited a mechinism of making legal tender except in conjunction with the Congress to set a standards and affix a value. Congress is prohibited of making legal tender except in conjunction with the power of the States to enforce it as legal tender. Together and only together there is a clear power to make one legal tender.

                                                                                      You rely on inference to demonstrate this point. To the best of my knowledge no court has ever found in favor of this opinion. The courts have had ample time to see your side of this and yet never have. What are we to assume from this but that your inference is unfounded and wrong?

                                                                                      The Constitution is not nearly so circumspect as you need it to be to support this thesis of yours. The founders were pretty clear cut as to how really important things should operate. I assure you that the money supply was something they were very much concerned with. Your patching together disjointed sentences from separate sections suggests to me that this is more about what you want the Constituting to say than what it actually does say.

                                                                                      {"commentId":1250547,"threadId":"118854","contentId":"805326","authorDomain":"killfile"}
                                                                                      • 1 vote
                                                                                      #11.14 - Fri Dec 7, 2007 2:36 PM EST
                                                                                      {"commentId":1251237,"authorDomain":"mikem72"}

                                                                                      Courts have ruled that slavery is both legal and illegal. What are we to assume about the nature of courts but that they are opinions which carry the force of law at the time. This is not to say that they are correct or incorrect. Nor does it mean that we should simply ignore the Constitution and relinquish its meaning to judges and lawyers.

                                                                                      Perhaps you are more interested in the rule of man than the rule of law. That is your prerogative. I would however respectfully suggest that you leave your Constitution at the courtroom door under such a philosophy so that I may rule over you. I find it interesting that you should refer to the Constitution at all. Perhaps you should only rely on court cases alone, whatever the position that a court takes is your position.

                                                                                      You said: "States might also decide to make gold or silver backed private notes legal tender should they be issued by institutions the state chooses to recognize."

                                                                                      There many obvious problems with this and they are easy to identify. First of all, and more trivially, States are prohibited the power to emit bills of credit and there are some convoluted issues here as it would relate to fiduciary money, even if it was 100% backed by private gold or silver bullion. The other and more important problem is that it would circumvent the power of Congress to regulate the value and fix a standard of weights and measures on the unit to be used as a national tender. Also it would severely limit the ability of Congress to regulate commerce among the States. Also it would destroy Full Faith and Credit. Also, and most importantly, it would destroy the right of the people to a single standard coin as certified by Congress and the States. It is an impossibility to construe it as such. One nation is one Nation. Nothing more needs to be said.

                                                                                      You said: "The Constitution is not nearly so circumspect as you need it to be to support this thesis of yours... Your patching together disjointed sentences from separate sections suggests to me that this is more about what you want the Constituting to say than what it actually does say. "

                                                                                      It says what it says. I'm not patching anything together and more than you are. It is all in fact together, right there in the text. The whole text is the context. Are you blind?

                                                                                      My view holds that there is one legal tender.

                                                                                      Your view holds that there are 51.

                                                                                      51 tenders is in itself an oxymoronic impossibility. What jurisdiction would seek to enforce 51 tenders? And if the States should merely enforce only their own and not the other 50 than that would be a clear violation of Full Faith and Credit. What was that again about separate sections? Oh let me guess, according to you, Full Faith and Credit would not apply because it is in a separate section! That means that Citizens who traveled to 5 States would be forced to carry 5 tenders. Or if not that, then all States and Congress would be forced to transact in 51 tenders!

                                                                                      THIS IS WHY THE CONGRESS IS EMPOWERED TO REGULATE THE VALUE AND SET THE STANDARDS OF WEIGHTS AND MEASURES OF THE COIN, AND IF IT IS GOLD OR SILVER, ONLY THE STATES ARE EMPOWERED TO ENFORCE IT AS LEGAL TENDER. ONE LEGAL TENDER.

                                                                                      Legal tender by its very nature can only be one. What court, Federal or State, would hold that payment of debt is enforceable in 51 tenders? Your position is so idiotic that there is absolutely no way the founders could have envisioned it. Given that, if you are an honest man, you must seek out the correct interpretation.

                                                                                      No I ask again, which view holds the Constitution more circumspect, one tender or 51?lty to construe such an intent in the Constitution. This is one Nation. Nothing more needs to be said.

                                                                                      You said: "The Constitution is not nearly so circumspect as you need it to be to support this thesis of yours... Your patching together disjointed sentences from separate sections suggests to me that this is more about what you want the Constituting to say than what it actually does say. "

                                                                                      It says what it says. I'm not patching anything together. It is all in fact together, right there in the text. The whole text is the context. Are you blind?

                                                                                      My view holds that there is one legal tender.

                                                                                      Your view holds that there are 51.

                                                                                      51 tenders is in itself an oxymoronic impossibility. What jurisdiction would seek to enforce 51 tenders? And if the States should merely enforce one and not the other 50 it would be a clear violation of Full Faith and Credit. What was that again about separate sections? Let me guess, according to you, Full Faith and Credit would not apply because it is in a separate section! Wait, that means that Citizens who traveled to 5 States would be forced to carry 5 tenders. Or if not that, then all States and Congress would have to transact in 51 tenders.

                                                                                      THIS IS WHY THE CONGRESS IS EMPOWERED TO REGULATE THE VALUE AND SET THE STANDARDS OF WEIGHTS AND MEASURES OF THE COIN, AND IF IT IS GOLD OR SILVER, ONLY THE STATES ARE EMPOWERED TO ENFORCE IT AS LEGAL TENDER. ONE LEGAL TENDER.

                                                                                      Legal tender by its very nature can only be one. What court, Federal or State, would hold that payment of debt is enforceable in 51 tenders? Your position is so idiotic that there is absolutely no way the founders could have envisioned it. Given that, if you are an honest man, you must seek out the correct interpretation.

                                                                                      No I ask again, which view holds the Constitution more circumspect, one tender or 51?

                                                                                      {"commentId":1251237,"threadId":"118854","contentId":"805326","authorDomain":"mikem72"}
                                                                                        #11.15 - Fri Dec 7, 2007 7:07 PM EST
                                                                                        Reply
                                                                                        {"commentId":820123,"authorDomain":"killfile"}
                                                                                        KillfileDeleted
                                                                                        {"commentId":914607,"authorDomain":"Zoilus"}

                                                                                        The gold standard don't work.

                                                                                        Lets return to the bread standard! One loaf = a Dollar. Always. It would end hunger and be more realistic. Gold is just a rock, you can't eat it. But bread, is for life and has real value.

                                                                                        {"commentId":914607,"threadId":"118854","contentId":"805326","authorDomain":"Zoilus"}
                                                                                          Reply#13 - Wed Aug 1, 2007 5:03 PM EDT
                                                                                          {"commentId":1236584,"authorDomain":"mikem72"}
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                                                                                          {"commentId":1430616,"authorDomain":"controverstalman"}

                                                                                          "I was asking only about the debt controlled by the Fed. Why do these private banks get to collect interest on the public debt?"

                                                                                          A popular misconception about the Federal Reserve is that it has something to do with the national debt.

                                                                                          First, the Federal Reserve holds very little of the national debt. Of the $5.5 trillion in government bonds currently outstanding, the Fed holds only about 7.5 percent. This means that the bulk of the interest payments don't go to the Federal Reserve but to the other bondholders.

                                                                                          Second, nearly all the interest paid to the Federal Reserve is rebated to the Treasury. This means that the bonds held by the Fed carry no net interest obligation for the Treasury.

                                                                                          Third, to say that the budget deficit would be smaller but for the interest payments is an exersize in absurd logic. One could just as easily say that the deficit is caused by defense spending, Medicare, or any other combination of programs with spending that sums to the amount of the budget deficit. Or one could blame Congress for not raising enough taxes to cover their spending plans.

                                                                                          Finally, placing blame for the national debt at the door of the Federal Reserve demonstrates a remarkable ignorance of how our government works. The national debt has but one cause: Congress. The debt is the sum of all the budget deficits and budget surpluses the federal government has ever had. It is Congress, not the Federal Reserve, that determines federal spending and tax rates. Therefore, it is Congress, not the Federal Reserve, who is responsible for it.

                                                                                          To say otherwise is intellectually dishonest.

                                                                                          {"commentId":1430616,"threadId":"118854","contentId":"805326","authorDomain":"controverstalman"}
                                                                                            Reply#18 - Sun Feb 3, 2008 7:25 AM EST
                                                                                            {"commentId":1430671,"authorDomain":"controverstalman"}

                                                                                            "So Congress and the President directly control the Fed? While also being the main organization that is constantly borrowing from it?"

                                                                                            NO,NO.

                                                                                            The legislation that eventually emerged was the Federal Reserve Act, also known at the time as the Currency Bill, or the Owen-Glass Act. The bill called for a system of eight to twelve mostly autonomous regional Reserve Banks that would be owned by the banks in their region and whose actions would be coordinated by a Federal Reserve Board "appointed" by the President. The Board's members originally included the Secretary of the Treasury, the Comptroller of the Currency, and other officials appointed by the President to represent public interests. The proposed Federal Reserve System would therefore be privately owned, but publicly controlled.

                                                                                            the Federal Reserve banks are privately owned, but they are controlled by the publically-appointed Board of Governors. The Federal Reserve banks merely execute the monetary policy choices made by the Board. In addition, nearly all the interest the Federal Reserve collects on government bonds is rebated to the Treasury each year, so the government does not pay any net interest to the Fed.

                                                                                            Why can't you understand this?

                                                                                            {"commentId":1430671,"threadId":"118854","contentId":"805326","authorDomain":"controverstalman"}
                                                                                              Reply#19 - Sun Feb 3, 2008 8:07 AM EST
                                                                                              {"commentId":1430688,"authorDomain":"controverstalman"}

                                                                                              "It seems to me that as long as congress is able to borrow and spend as much as it damn well pleases, while passing the taxes of the general population back to the privately owned Fed, that things will continue to get worse for the average American. I suppose that I don't really have a problem with the Fed, just their enabling of Congress's liberal borrow and spend attitude with tax payer money."

                                                                                              Stop the conjecture.

                                                                                              Source: Annual Report, 1997, Board of Governors of the Federal Reserve System.
                                                                                              For the four years combined the Federal Reserve collected $92.6 billion in interest on its portfolio of Treasury securities and other government bonds. The Fed also rebated $84.6 billion to the Treasury, which amounted to about 92.5% of its profits. From 1980-97 the Fed has collected about $329 billion in interest from the Treasury. It has also rebated about $327 billion during that period. It seems pretty clear that Federal Reserve profits really are returned to the Treasury. What this means is that Federal Reserve Notes do not cost the Treasury any net interest.

                                                                                              Some ctist liked to believe that the Treasury ought to issue its own currency in the form of United States Notes, a form of currency issued on a few occasions in the past.(there are still some in circulation, although the total amount is limited by law)

                                                                                              However, there is no functional difference between U.S. Notes and the Federal Reserve notes we now use. Neither impose a net interest burden on the Treasury. The key difference between the two currencies is who controls the issuance. The publicly-appointed Board of Governors now controls the emissions of Federal Reserve Notes and can make monetary policy decisions largely independent of political pressure. The issuance of U.S. Notes, on the other hand, would be controlled by the Treasury Department, an arm of the executive branch and a purely political entity. Monetary policy, ought to be based on the needs of the economy, not on the needs of current incumbent political party.

                                                                                              {"commentId":1430688,"threadId":"118854","contentId":"805326","authorDomain":"controverstalman"}
                                                                                                Reply#20 - Sun Feb 3, 2008 8:18 AM EST
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