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An American Affidavit

Wednesday, August 31, 2022

STARTING THE MIRACLE BY REDUCING THE IGNORANCE FACTOR

 

Miracle on Main street: Starting the Miracle/The Proper Course for Government

 

 

 

 

STARTING THE MIRACLE BY

REDUCING THE IGNORANCE FACTOR

 

 

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So: William Gladstone called the United States Con-

stitution “The most wonderful work ever struck off at a

given time by the brain and purpose of man.” Yet, its

nature and providence are unknown—according to a sur-

vey in the Bicentennial year—to over 90% of the American

people. Ninety per cent of the American people are igno-

rant of a great many lawful guarantees of prosperity and

happiness that are theirs simply for the asking. Amazing!

 

The ignorance factor is not limited to the people; it is

shared in the realms of government as well. I have inter-

viewed many important government officials who are al- »

most totally unaware of their rights—or anyone else’s—

under the very document they are sworn to support. I

have had the dubious pleasure of introducing for the first

time to numerous state and local officials the prohibition in

Article I Section 10 against paper money.

 

When an honest official discovers that he’s been taking

money under state authority in violation of the Constitu-

tion and his oath, he is shocked. We act strangely under

shock. One typical response I hear is “Why didn’t anybody

tell me this? How did this happen?”

 

59

 

 

 

 

 

60 THE MIRACLE ON MAIN STREET

 

 

One judge told me in open court “The state must use the

currency Congress issues.” This statement is wrong on

two counts:

 

1. The Congress, by law, does not tell the States what shall be

tender. The Constitution, thanks to the more knowledgeable

 

 

Judge Sherman, provides that the States shall tell Congress what

lawful tender shall be: nothing but gold and silver coin.

 

 

2. Congress doesn’t issue Federal Reserve notes; a non-

governmental, private “banker's bank’ issues these notes.

 

 

Thus, a man with considerable power over the economic

fortunes of his peers is completely ignorant of both the

natural and statutory laws of money. Again, I must repeat,

it’s no reflection on his moral character or intelligence or

even his judicial preparedness. The ignorance of money is

widespread, deep. We are all victims of the money black-

out. The Friends of Paper Money work as hard keeping us

ignorant of money as some parents work keeping their

kids believing in Santa Claus.

 

After the initial shock, the honest public official begins to

worry in the back of his mind about all this. One told me

he figured that there must be a law somewhere that permit-

ted the state to make paper money a tender. Otherwise, he

said, ‘The whole damn state’s crazy.” When he failed to

turn up any such law after weeks of looking, he ex-

perienced profound misgivings about the whole purpose

of government. He even considered resigning. He and his

colleagues who were taking and giving money in the name

of the state (or municipal) government were actually per-

juring their Constitutional Oath! It tore at his conscience.

 

The whole damn state’s not crazy. For, in my opinion,

no one in state or local government is violating his oath of

office by accepting paper money or by paying in paper

money. As long as people are willing to contribute to their

government (or accept from it) paper money, copper, di-

gits, automobiles, or real estate the government is under

no moral obligation to change its ways. Any law that pro-

hibits government from accepting contributions from its

 

 

STARTING THE MIRACLE 61

 

 

citizens or discharging its debts cheaply would be a bad

law indeed.

 

Article I Section 10 doesn’t prohibit the state from accepting

paper money. It merely prohibits the state from declaring

that things other than gold and silver coin are lawful ten-

der. In other words, when the state Attorney General is

asked ‘What does the state declare is legal tender?’”’ he

must answer “Gold and silver coin.”

 

If any property or sales tax form or citation—any bill

from state or local government, even a parking ticket—is

labelled “Dollars,” you have the right to ask the state

if it means dollars of the money of account of the United

States, and if so, what is the money of account?

 

The state is not likely to answer that the instrument is

not denominated in the money of account, nor is it likely

to tell you what the money of account is. You'll be in a

quandary.

 

Of course, there will be no state law declaring paper to

be a tender in payment of debts. It would be an embarras-

sing, flagrant violation of the United States Constituiion.

Here’s an example of how rigidly a state must adhere to

Article I Section 10. This is a case cited in the NOTES TO

DECISIONS involving Article I Section 10 as published in the

Tennessee Code Annotated:

 

 

Since nothing but gold and silver coin is a legal tender, tender

in bank notes of the bank of the United States to redeem land sold

under execution, if objected to will not be good, although equal to

coin.

 

 

—LOWRY v McGHEE (1835)

16 Tenn. 242

 

 

So there it is, still on the books in the 1980 edition, a case

in which the court had no choice but to sustain a man’s

objection to paper currency, even though the currency was

redeemable in gold and silver coin! You can imagine what that

court would have said to irredeemable Federal Reserve

paper.

 

If there is no law entitling the state to enforce payment in

 

 

62 THE MIRACLE ON MAIN STREET

 

 

paper money, and if the state cannot tell you what the

money of account of the United States is, you and the

state have reached an impasse in your economic favor, or

what the St. Louis monetary realist Amos Bruce calls “a

Mexican standoff.’” You'll pay as soon as they show you

how you can.

 

 

Yes, if you choose NOT to contribute paper money to

your state and local government, you have the total

BLESSING of the United States Constitution (and the

ghost of Judge Roger Sherman, who will surely be smiling

_ down upon you from the heavens) until paper money is

made redeemable for gold and silver coin. You even have

the blessing of the courts and officials of government, since

they have sworn of their own volition to support Judge Sher-

man's 17 words.

 

And what if some government official should come after

you and bug you in any way? You have the protection of

the law, not he. All states have official misconduct statutes.

Here’s the one for Tennessee:

 

TENNESSEE CODE 39-3203 Official Oppression —Penalty. —lf

 

any person, by color of his office, willfully and corruptly oppress

 

any person, under pretense of acting in his official capacity, he

shall be punished by fine not exceeding one thousand dollars

 

($1,000), or imprisonment in the county jail not exceeding one (1)

 

year.

 

Now, the important words in this statute are “willfully

and corruptly.” This means that you must first inform the

official of Article I Section 10, of the fact that bank credits

and Federal Reserve paper money are not gold and silver

coin, and that you know he is bound by oath to support

the Constitution. Explain to him that he, being part of

government, is limited to taking only the money of ac-

count of the United States, and until you know what that

money is, you cannot pay lawfully and properly. You see,

you're helping him not to break the law by educating him. If

you wanted to be especially helpful, you might send him

a copy of this book. (Thank you.) Now you've given him

fair warning. If he tries to oppress you from this point

 

 

STARTING THE MIRACLE 63

 

 

onward, he is being ‘willful and corrupt,” and all you

have to do—if the District Attorney plays dead—is ap-

pear before a Grand Jury yourself, tell those taxpayers

what this official did, and get him indicted!

 

Don’t believe the false notion that government officials

are permitted to operate corruptly and safely behind

“sovereign immunity” laws. There are no sovereigns in

America (except you, the people), and no government offi-

cial is immune from justice if he abuses your rights. You

can establish a personal fortune upon the ruins of anyone

who runs roughshod over your Constitutional guarantees:

he who would unlawfully jeopardize your property loses

 

 

property to you, and that’s what justice is all about. Here’s

the law: ;

42 UNITED STATES CODE 1983

 

Civil action for deprivation of rights. Every person who, under

color of any statute, ordinance, regulation, custom, or usage, of any

State or Territory, subjects, or causes to be subjected, any citizen of

the United States or other person within the jurisdiction thereof to

the deprivation of any rights, privileges, or immunities secured by

the Constitution and laws, shall be liable to the party injured in an

action at law, suit in equity, or other proper proceeding for redress.

 

 

Perhaps George Bancroft’s “abstract of the avowed con-

victions of the great statesmen and jurists who made the

Constitution” will intensify the potency of Article I Section

10 in the minds of otherwise oppressive officials and elimi-

nate any need for legal action. Show them Bancroft’s

 

 

words:

 

 

History can not name a man who has gained enduring honor by

causing the issue of paper money. Wherever such paper has been

employed, it has in every case thrown upon its authors the bur-

den of exculpation under the plea of pressing necessity.

 

Paper money has no hold, and from its very nature can acquire

no hold, on the conscience or affections of the people. It impairs

all certainty of possession, and taxes none so heavily as the class

who earn their scant possession by daily labor. It injures the hus-

bandman by a twofold diminution of the exchangeable value of

 

 

1. Upheld by the Supreme Court only last year: “The innocent individual who is

harmed by an abuse of governmental authority is assured that he will be compen-

sated for his injury.”” Owen vs. City of Independence, 100 S.Ct. 1398 (1980).

 

 

64 THE MIRACLE ON MAIN STREET

 

 

his harvest. It is the favorite of those who seek gain without will-

ingness to toil; it is the deadly foe of industry. No powerful politi-

cal party ever permanently rested for support on the theory that it

is wise and right. No statesman has been thought well of by his

kind in a succeeding generation for having been its promoter.’

 

 

I have found that as soon as even the most ornery gov-

ernment enforcement people figure out what the issue is all

about (and you have to help them, work with them), they

automatically join your side. They HAVE to, because the Con-

stitution is on your side. Not to agree with you is to deplore

the Constitution, and many people still consider that

TREASON.

 

 

 

 

 

1. Bancroft, op. cit., p. 304

 

For a vigorous continuing education in money, receive the monthly bulletin of the

Monetary Realists Society, P.O. Box 10744, St. Louis, MO 63129. Twelve issues for a

costs donation of $10.

 

 

STARTING THE MIRACLE 65

 

 

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IDEASPHERE MONEY

 

 

These are examples of the money George Washington was comp-

laining about. They are J.0O.U.s containing uplifting mottoes—

“Perseverando”’ (“Keep on truckin’ ’’), “We Are One,” “In God We

Trust,” etc.—as well as the signatures of important dignitaries. The

people trusted them as long as they could be redeemed in gold and

silver. It took years, though, for the situation to get so bad the people

started shooting up state legislatures and rioting and pillaging. Fi-

nally, Article I Sections 8 and 10 of the Constitution solved all the

problems.

 

George Washington wrote to John Laurens in 1781, “Experience has

demonstrated the impracticability long to maintain a paper credit

without funds for its redemption.”

 

The Constitution appoints the States as the only guardians of those

funds. But our states have been sleeping, because we have allowed

 

 

them to.

 

 

“This constitution, and the laws made in pursuance thereof,

shall be the supreme law of the land; and the judges in every state

shall be bound thereby, any thing in the constitution or laws of

any state to the contrary notwithstanding . . . and all officers

both of the United States and of the several States shall be bound

 

 

by oath to support this constitution.’

—ARTICLE 6, CONSTITUTION of

the UNITED STATES

 

 

“Woever having taken a lawful oath, shall affirm willfully,

corruptly and falsely touching a matter material to the

point in question, shall be guilty of perjury, and on conviction

shall be imprisoned in the penitentiary... .”

 

—TENNESSEE CODE 39-3301

 

 

‘A ithough important decisions on abortion payments, racial

quotas and the commercial use of genetic enginecring attracted the

most attention, the Supreme Court's 1979-80 teri offered one

overriding theme: The expanding right of Americans to sue

the government.

 

“While seldom fodder for newspaper headlines, a citizen's

power to hold government and its agents responsible for lawless

actions is as essential to a republican form of government as is the

 

 

power of the ballot.’

—Richard Carelli,

Associated Press,

Washington, July 6, 1980

 

 

66

 

 

10

THE PROPER COURSE

FOR GOVERNMENT

 

 

we

 

 

Weg position I recommend for state, county, and munic-

. ipal officers under Constitutional Oath is this: accept paper

. money from all persons who tender it voluntarily, but do

| not attempt to enforce payment from those who raise the

» Constitutional objection.

|. This position lets you live with your conscience; it’s rea-

‘sonable, moral, and serves the cause of freedom. Some

officials are relatively immune from economic fluctuations;

cost of living raises keep them more or less comfortable in

the most turbulent times. Besides, it may not be in your

. best interests to speak out. If you took too original a stand,

you might suffer complicated reprisals from higher-ups.

' No, the key to financial liberation is properly in the hands

. of the people, the people you serve. Let them guide you.

If the people neglect to object to paper, take their money.

' [regret saying it, but folks who labor under the illusion

. that they are powerless to correct their own misery deserve

their misery. Persons who let their right be intimidated by

' wrong deserve intimidation. Persons who neglect to learn

' the benefits and privileges guaranteed by the Supreme

. Law of the Land deserve getting fleeced. Persons who don’t

i 67

 

 

 

 

 

 

 

 

68 THE MIRACLE ON MAIN STREET

 

 

know the difference between gold and paper don’t know

the difference between reality and dreams, so let them pay

for living in the ideasphere by giving up their property to

the tentacles of inflation. Let them get their satisfaction

from complaining and contributing to toothless organiza-

tions.

 

On the other hand, persons who know the law and ex-

ercise their rights under the law are lawfully immune from

enforcement of payment to any state or local agency of any

amount of tender not declared to be the money of account

of the United States.

 

Now, some officers might feel the temptation to answer

objections to paper tender by denominating paper debts at

current gold or silver quotations, so they can remain true to

their oath of office. Here’s the scenario: A taxpayer objects

to a $600 property tax assessment in paper dollars, so the

official levies the tax at one ounce of gold (say gold at that

moment is $520 per ounce), plus small silver coins to make

up the remainder. This is patently unfair: gold and silver

prices on the free market fluctuate very capriciously from

hour to hour. You’d be working an unlawful! hardship on

the objector, while contributing to the erosion of the eco-

nomy and your own fortunes as well, no matter how nice a

cost-of-living-pay-raise deal you might have. The objector

is leading you to high ground in the face of a flood. Don’t

fight him! Just go by the law.

 

The people—and you, too— are entitled to a constant

and dependable value of gold and silver coin, responsibly

regulated by Congress, not the free market.’ That’s the

whole purpose of Article I Sections 8 and 10. The “free

market,” by the way, is not really a free market at all, but a

 

 

 

 

 

1. The tax is not assessed in gold and silver but in paper dollars.

 

 

2. This is not to say Congress should ignore the free market. Rather, its regulations

should issue in response to free market prices of gold and silver as commodities,

buffering us from the dangers of wild fluctuations. Is this not carrying out the Con-

stitutional mandate to”’promote the general welfare’’?

 

 

 

 

 

THE PROPER COURSE FOR GOVERNMENT 69

 

 

handful of dignitaries who declare gold and silver prices

each morning in a stately private boardroom in London.

Whom are these gentlemen more interested in, you or

themselves? If you disapproved of their mischief, how can

you vote them out of office? With a Congressionally regu-

lated gold and silver currency, you could specifically un-

vote those ae seee eves who a with the value of

your money.

 

What all this means is that knowledgeable persons, per-

sons who object to paper money under Article I Sections 8

and 10 and who insist upon paying in the money of ac-

count of the United States are immune from all taxes,

fees, debts of any kind under state authority until paper

money is made redeemable in gold and silver coin. This is

perfectly just. Shouldn’t obedience to law and truth contain a

reward? Isn't it fitting that economic benefits should flow

abundantly upon those with the knowledge and courage

to do the right thing by law?

 

 

History’s paramount lesson is this: when tragedy

gathers on the horizon, the knowers act to survive. Only

the knowers survive. The knowers. The Noahs.

 

 

If you still doubt the authority of the people and Article I

Section 10, consider these principles from American Juris-

prudence, supported by cases too numerous to cite:

 

 

1. No public policy of a state can be allowed to override the

positive guaranties of the Federal Constitution. (16 AmJur 2nd, 70)

 

2. No emergency justifies the violation of any of the provisions of

the United States Constitution. (16 AmJur 2nd, 71)

 

3. Neither emergency nor economic necessity justifies a disre-

gard of cardinal constitutional guaranties. (16 AmJur 2nd, 81)

 

4, Any attempt to do that which is prescribed in the Constitution

in any manner other than that prescribed, or to do that which is

prohibited is repugnant to that supreme and paramount law and is

invalid. (16 AmJur 2nd, 82)

 

 

§155. As imposing obligatory. duty.

 

 

Si ince the constitution is intended for the observance of the

judiciary as well as the other departments of government and the

judges are sworn to support its provisions, the courts are not at

liberty to overlook or disregard its commands, or countenance

evasions thereof. It is their duty in authorized proceedings to

give effect to the existing constitution and to obey all constitu-

tional provisions, irrespective of their opinion as to the wisdom

or desirability of such provisions, and irrespective of the conse-

quences.

 

If the constitution prescribes one rule and the statute.another

and a different rule, it is the duty of the courts to declare that the

constitution, and not the statute, governs in cases before them

for judgment.

 

—16 AMERICAN JURISPRUDENCE 2nd

 

 

“. . . with a firm Reliance on the Protection of divine Provi-

dence, we mutually pledge to each other our Lives, our Fortunes,

and our sacred Honor.”

 

—A DECLARATION By the

REPRESENTATIVES of the

UNITED STATES OF

AMERICA, In GENERAL

CONGRESS Assembled, July 4,

1776

 

 

70

 

 

 

 

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