Miracle on Main Street: Appendix All

 

Miracle on Main Street: Appendix All

 

 

 

APPENDIX

I

 

 

[PUBLIC OFFICE MONEY CERTIFICATE]

nite Lh oie, PRR cee Denier

TE UNDERSIGNED

WILL PAY TO THE

- DOLLARS OF THE

MONEY OF ACCOUNT OF THE UNITED STATES, AS REQUIRED BY LAW AT 31 U.S.C.A. §371,

PENDING MONRY. —

 

 

OFFICIAL DETERMINATION OF THE SUBSTANCE OF SAID

 

 

 

 

 

centerpiece tate eet I,

 

 

VOID IF NOT

PRESENTED TO PAYOR

 

 

 

 

 

Signature

POR REDEMPTION enn rE

IN 120 DAYS Name

i th

Address

 

 

The Public Office Money Certificate. As a

piece of paper, it’s worthless.

 

But so is a $100 Federal Reserve note

or a bank check for $100,000,000,600.00.

It’s not the paper that has the value, it’s

the writing on the paper that has the value.

Bank checks are redeemable in Federal

Reserve notes. And Federal Reserve

notes are redeemable in nothing, as the

Federal Reserve's Jim McAfee wrote M-

W Tom Mish (see letter above, left.)

POMCs, however, are redeemable in

dollars of the money of account of the

United States. Writing considered,

which piece of paper is more valuable?

 

 

 

 

 

HOW TO KEEP YOUR

PUBLIC OFFICE MONEY CERTIFICATE

FROM BEING DISCRIMINATED AGAINST

 

 

—reprinted from The Main Street Journal, Vol II, No 9.

 

 

Many Miracle-Workers are giving the wrong impression of them-

selves and the money issue by using POMCs improperly.

 

If you study this article carefully, you'll be able to discuss the POMC in

a way that gives a good impression. We don’t need news stories that

generate bad feelings in words such as Barbara Miller wrote in the Wash-

ington County (PA) Observer-Reporter recently:

 

“Tax collection and state agencies are getting headaches over the

method some people have used as a form of protest— Public Office

Money Certificates.”

 

116

 

 

 

 

 

I: KEEPING YOUR POMC FROM BEING DISCRIMINATED AGAINST 17

 

 

The headline ot Barbara’s four-column story was “Money Certificates

Worthless.”

 

Of course, Public Office Money Certificates are worth a great deal.

Whereas Federal Reserve notes are promises to pay nothing, POMCs are

promises to pay whatever the Attorney General of your state determines is

“the money of account of the United States.”

 

Stories like Barbara Miller’s don’t generate public sympathy for the

money issue. About all they accomplish is furnishing further proof of

how biased the media are against Constitutionists.

 

Media maltreatment is largely our own fault.

 

Before we can expect the media to treat POMCs fairly, we must expect

reporters to fully understand the POMC. Reporters can be educated from

only two sources: the state and you. ,

 

It's best that they learn from you. And if you're going to be the teacher,

you should fully understand what a POMC is and how it works yourself.

 

The purpose of this special POMC Update is to bring to all Miracle-

Workers a fundamental understanding of this important little instru-

ment,

 

 

Alex

 

Idaho M-W Alex Tulkan wrote to the editor of his local newspaper:

 

“lowed a debt of $30.00 to the state of Idaho, due toa fine assessed and

imposed by the Magistrate Court of Madison County. Knowing that no

state shall make (demand) any thing but gold and silver coin a tender in

payment of debts, and being unable to find any such coins in general

circulation, I submitted to the Magistrate what is known as a ‘Public

Office Money Certificate’ in the amount of thirty dollars ($30.00) payable

in dollars of the money of account of the US, as required by law at 31 USC

Section 371, pending official determination of the substance of said

money.

 

“Mr. Harold S. Forbush of the Madison County Magistrate Court saw

fit to consider and declare such promise of payment to be invalid and

unacceptable to the Court. Mr. Forbush demanded tender of payment in

‘cash, money order, cashier's check or personal check,’ and continued to

demand payment in such fashion even after being notified of the fact that

he had no power or authority to make such demands and that he was

violating his oath of office in making such demands.

 

“Mr. Forbush was heard to holler ‘Hang the Constitution! We want our

money! Where’s our money?’ —This from a man who took a solemn oath

to support the Constitution.

 

“When I continued to offer the POMC and refused to conspire with

 

_ Magistrate Forbush to violate Art I Section 10 of the US Constitution by

 

"acceding to his unlawful demands, he simply adjudged me to be ‘in

 

_ contempt of court’ and had me thrown in jail.

 

___ “Magistrate Forbush’s judgment was subsequently appealed to the

 

| District Court, where the Judge Grant L. Young saw fit to sustain the

, actions and decision of the Magistrate Court and to deny the appeal.

 

 

118 THE MIRACLE ON MAIN STREET

 

 

Apparently District Judge Young doesn’t have any more regard for the US

Constitution and his solemn oath to support same than does Magistrate

Harold S. Forbush.”

 

Alex then wrote to THE MS], saying:

 

“Thope that (1) you will notice any flaws in what I’ve done so far, (2) you

will offer constructive criticism—suggestions for improvement, differ-

ent, new, or better ways of doing it, (3) you will inform the readers of THE

MSJ of the merits and demerits of my actions.”

 

Of course, Alex, much of the information that would have benefitted

you is to be found in the pages of past MSJs, especially Vol. I No. 4, Vol. I

No. 11, p. 9, Vol. INo. 9p. 5, and Vol. II No. 5 p. 16. (Review these citations:

the info is still valid!) Many thanks, by the way, for submitting your

actions for our review, Alex. Perhaps as a result of your generosity, the

effectiveness of the POMC as an instrument of petition for redress can be

greatly improved.

 

Alex's first mistake is the most common mistake in POMCmanship. It

could be called the “original sin” of POMC usage: mixing the POMC with

the gold and silver requirements of the Constitution. Alex says: “Knowing that

no state shall make . . . any thing but gold and silver coin a tender in

payment of debts, and being unable to find any such coins in general

circulation, I submitted ...a POMC...”

 

A POMC has nothing to do with Article I Section 10 of the Constitution.

Nowhere on its face is the Constitution referred to. In fact, the POMC was

developed as a means of avoiding conversation about gold and silver coin.

Why?

 

Because numerous confrontations showed us that when a local official

is shown the gold and silver prohibition, he grows intensely uncomfortable.

He does a flash review of his situation and concludes, “My God! To do

business in gold and silver is a total impossibility!” His panic is not

lessened any by the sneaking suspicion that “someone's trying to make a

fool out of me.”

 

It’s the sheer power of that Constitutional citation that makes him grow

overly defensive toward you. “Some higher authority must have

approved of the Constitutional violation,” he reasons, “or we wouldn’t be

committing it every day. This petitioner is a dangerous nut, out to cause

trouble by making a jackass out of me. If 1 come down hard on him, surely

the higher authority will cover for me.”

 

Proper POMCmanship requires you to realize that the POMC refers only to the

federal code. Specifically, Section 37] of Title 31 of the federal code requires

all public offices to keep their accounts in the money of account of the

United States, which may or may not be gold and/or silver coin. To insist that

the money of account is either or both defeats the purpose of the POMC.

Moreover, it makes you look contemptible of the public officer.

 

Think about it. If you offer to pay someone in the money of accoun‘

the United States, then declare that the money of account of the Unii

States is unavailable to you, aren’t you, as a matter of fact, declaring t

you do not intend to pay?

 

 

I: KEEPING YOUR POMC FROM BEING DISCRIMINATED AGAINST 119

 

 

No wonder Judge Forbush saw fit to “consider and declare such prom-

ise of payment to be invalid and unacceptable to the Court!” Alex had just

told the judge that his, Alex's, certificate was payable in nothing! That's the

effect of admixing the POMC with Article I Section 10.

 

Having been told that Alex’s POMC was payable in nothing by the

person tendering the instrument, Judge Forbush quite understandably

ordered Alex to pay in “cash, money order, cashier's check or personal

check.”

 

At this point, Alex made the second most common error in all POMCmanship:

he notified Mr. Forbush that he, Forbush, had “no power or authority to

make such demands and that he was violating his oath of office . . .”

 

Now, we certainly agree with Alex that no state judge has authority to

compel payment in any thing but gold and silver coin. But to tell this toa

judge so recently turned off by a POMC only invites trouble. Furthermore, it

doubles the prima facie evidence that Alex was trying to evade paying the fine

all along. (We don’t suggest that Alex was actually trying to evade it; only

that his actions are evidence of such.) In Forbush’s view, Alex was using a

promissory note to trick the court. Under those circumstances, wouldn't

he have every reason to hold Alex in contempt?

 

In reality, all Alex is guilty of is failing to communicate his needs.

(Come to think of it, isn’t this the cause of most interpersonal difficulties?)

 

Put yourself on Forbush’s bench. A guy offers you a strange-looking

note. If you’ve never seen a POMC before, you feel weird about it. The

guy tells you it’s redeemable in the money of account of the United States,

a phrase you've never heard before. You react, saying that you want cash

or personal check. The guy says you have no authority to demand cash or

personal check. No authority? Hell, you’ve been demanding cash and

personal checks five days a week for years! Now the guy is quoting the

Constitution. “Hang the Constitution!” you say. Now the guy is calling

you an oath-breaker—and what does this have to do with that prom-

issory note he tried to get you to take?

 

Let us repeat: The POMC is a means of bringing up the money issue without

talking about the Constitution or gold and silver. The POMC operates within a

realm more familiar to local officials: federal regulations. You never hear

local officials say “Hang federal regulations!”

 

 

The POMCman

 

Here's what we feel is a proper POMC presentation in a municipal court.

Variations might be employed with administrative officials.

 

We're reporting it from a judge’s point of view. The events we describe haven't

happened yet, to our knowledge. But they could, someday soon. Indeed, they

probably will.

 

It’s a Tuesday morning. Big crowd today. Large percentage of parking

ticket violations. Lovely Rita Meter Maid has outdone herself.

 

First case, a guy who pleads guilty to a parking violation. He tenders

something that looks like a check for the $10.00 fine you assess. “Sir,” he

 

 

120 THE MIRACLE ON MAIN STREET

 

 

says, “the federal code says right here that if any court or public office in

the United States assesses an amount of money, that money can’t be just

anything; it must be a substance called ‘the money of account of the

United States.’ See?” He shows you the law.

 

“Now, this check I’m giving you is not a bank check,” the guy says,

smiling. “So please take care that.it doesn’t get sent to a bank, because if it

does, it'll bounce sure as shootin’, and we don’t want to get into a quarrel

over bad check charges.

 

“This check I’m giving you is called a Public Office Money Certificate,”

he says. “It’s a check drawn on my own funds, and to prove to you that I

have funds to redeem this check, here’s an affidavit signed by an attorney

that he has personal knowledge that I have funds to redeem this check

with. I believe you know this attorney, don’t you, Sir? He told me he’s

practiced in your court often enough. . .”

 

You want to know why the guy doesn’t just pay with a check ona bank.

 

“Well, Sir,” he says, “what with state legislatures asking Congress to

repeal the Federal Reserve Act, and banks closing down without any

warning whatsoever, I’m kind of afraid to keep anything in one of ‘em.

Banks aren’t stable as they used to be, don’t you think?” In spite of

yourself, you nod in agreement.

 

There’s something fishy about this, though. There’s a sting in it some-

where, You become super-suspicious. You don’t relish being duped.

What's this guy getting at?

 

“This is my point,” he says. “Government is what makes the world go

round, Only government can force people to do things. If government

forces people to do things that are hazardous to health, government can

kill people, or at least make them miserable.

 

“All you have to dois look at TV or read the newspapers and magazines

to see that the economy has made a lot of people unhappy. It’s no secret

that government plays an important role in our economy. If government

plays an important role in our economy and many people are miserable

because our economy is sick, it could be that government is at least partially

to blame.

 

“You can’t have a national economy without a national money sys-

tem,” the guy says, getting more and more interesting to you. But whiere’s

the sting? “So I’ve been studying our national money system. That's how |

found out about what Congress called ‘the money of account of the

United States.’ I found out that Congress ordered all the public offices

and courts to keep their accounts and proceedings in dollars of this

‘money of account of the United States’ in order to assure uniformity and,

in your case, ease of process. You can imagine how hard your job would

be if people were paying in a jumble of francs and marks and rubles and

dollars and Canadian dollars and tobacco and seashells, all having differ-

ent substance and different value. I’m getting down to brass tacks now, so

please pay close attention, Sir.”

 

His voice has lowered and you have to lean forward to hear him.

 

“Tam suspicious of something, Sir. I suspect that the accounts in our

 

 

I: KEEPING YOUR POMC FROM BEING DISCRIMINATED AGAINST 121

 

 

local public offices are being kept in something other than the money of

account of the United States,” he says.

 

“Nonsense!” you react.

 

“Do I take that to mean that you know what the money of account of the

United States IS?” he asks you.

 

“Why, it’s the dollar,” you say.

 

“Excuse me, Sir, but the statute doesn’t say that the money of account

of the United States... 1S... the dollar,” he says. “It says that the

money of account shall be . . . EXPRESSED . . . in dollars. Let me give

you an example of something being EXPRESSED. ‘The drinkable liquid of

the cow shall be EXPRESSED in gallons.’ Does this say that the drinkable

liquid of the cow... IS... the gallon? No. It merely says that the

drinkable liquid of the cow is a substance that is MEASURED in gallons.

 

“So the money of account of the United States is a substance that is

MEASURED in dollars,” he says. “My little promissory note here, this

POMC, asks for an official determination of what that substance IS. It

asks the Attorney General of the state to consult the lawbooks and

discover the substance of the money of account of the United States that is

measured in dollars. And as soon as he tells me what the substance is, J’ll

buy back my POMC from you with the stated number of dollars of that

substance.

 

“Let me give you another example,” the guy says. “Suppose I was an

independent gas station owner, and Congress required all gasoline

pumps in the United States to dispense gallons of a substance called

‘unleaded gasoline.’ Do you think I'd have to wait very long to get a very

accurate determination as to the substance of ‘unleaded gasoline?’ Do

you think such a request would be frivolous, especially since the statute

was passed to protect the people froma polluted environment, just as the

money-of-account statute was passed to protect us from a polluted

money system?

 

“You remember what Bear Bryant used to say, don’t you, Sir? He used

to say ‘If you want to make rabbit stew, first go out and get a rabbit.’ But

you can’t get a rabbit if you don’t know what a rabbit is!”

 

He’s making too much sense. He’s trying to trick you into something.

Quick: pass the burden.

 

“Why don’t you ask the Attorney General yourself?” you say.

 

“I've tried,” says the guy. “But I was informed that the Attorney

General is prohibited by statute from giving opinions to private citizens.

That’s why I’m going through government. He can give opinions to

people in government. My POMC is my promise to pay the amount

assessed as soon as the opinion is delivered. The Attorney General has 120

days; and if he needs more time, I'll be happy to grant an extension.”

 

You look again at the POMC.

 

“This thing is worthless, though,” you say. “It’s not even legal tender.”

 

“If you say my promise is worthless, Sir, do you have evidence that I don’t

keep my word?” the guy says. “The piece of paper, as a piece of paper, is not

worth much, but neither is a $100 Federal Reserve note or.a check for $1

 

 

122 THE MIRACLE ON MAIN STREET

 

 

billion. And the check isn’t even legal tender, because checks and money

orders have never been declared legal tender by any legislature. It’s not

the paper that has the value, it’s the WRITING on the paper that has the

value.

 

“If you think my writing—my promise—is worthless, in the absence

of any evidence to support your belief, then you must not like my face or

the way I talk, which I can sympathize with, because I’ve run into people I

couldn’t trust on sight, too,” he says. “But you’ve got my name and

address and signature on that POMC, you’ve got the affidavit from the

lawyer saying he believes I’m good for the funds when demanded, and—

well, why not get the determination, call me when you get it, present the

POMC to me for redemption in whatever the determination says the

money of account of the United States is, and THEN let's see if my promise is

good or not. THEN we'll find out whether my POMC is worthless. If I

refuse to redeem it, you can announce to the world that it’s worthless.

You'll be correct in holding me in contempt of court. Furthermore, I'll belong in

jail for having tricked you.”

 

You’re dizzy from this presentation, and you don’t enjoy appearing

disoriented in your own courtroom. You collect yourself and grope for a

summary...

 

“Let’s see, now,” you say. “Your position is that this court can’t make

you pay in Federal Reserve notes because Federal Reserve notes are not

legal tender, is that correct?”

 

“No, Sir,” the guy says. “That is not my position. Federal Reserve notes

are legal tender. My only concern is ‘Are Federal Reserve notes the money

of account of the United States?’ Because if they aren’t the money of account of

the United States, this court is going to have to stop keeping its proceedings and

accounts in them; either that, or have the law repealed.

 

“In a nutshell, here’s what I’m doing with this POMC, Sir: I’m a private

individual using due process to ask the Attorney General to discover whether or

not our government is obeying its own laws respecting money,” he says.

 

“Now, if the Attorney General should determine that the money of

account of the United States is Federal Reserve notes or bank deposits,

fine. I'll give you paper money for my POMC, and I'll look to other

solutions in my concern over the problems of our failing economy.

 

“But if he should conclude that the money of account of the United

States is something other than what government is keeping its accounts

in, he’s made a discovery that could save millions of families, fortunes, and lives

for generations to come! He’s discovered that our degenerate economy is

being caused by a wholesale disregard of the laws by the guardians of the

laws themselves! Steps could be taken immediately to correct the matter,

and overnight the American spirit would be refreshed, renewed,

restored.”

 

You can’t resist a lunge at him:

 

“What if he concludes that the money of account is silver?” you ask,

and then lean back to watch him struggle with his reply.

 

But he doesn’t struggle. “In that case,” the guy says, “I’ll pay you

 

 

I: KEEPING YOUR POMC FROM BEING DISCRIMINATED AGAINST 123

 

 

dollars of silver for my POMC. I told you: my word is good.”

 

There must be a way of shaking this guy. “Okay,” you say forthrightly,

“T require you to pay your fine in silver.”

 

But the guy stays cool. “Is silver the money of account of the United

States?”

 

“It’s legal tender,” you say.

 

“J didn’t ask if silver was legal tender,” the guy says. “The federal code

requires public accounts and court proceedings to be kept and had not in

legal tender but in the money of account of the United States. Whatever the

money of account is would have to be legal tender, but whatever is legal

tender is not necessarily the money of account. I’ll repeat that last sen-

tence for you, Sir, if you’re having trouble with it.”

 

“You don’t need to repeat it,” you say.

 

“Then just answer my question: Is silver the money of account of the United

States? If so, record your determination in an order so I can appeal it—

just to make sure you’re correct before I pay you in silver.”

 

You don’t tell him that you weren’t really serious. You wanted.to see

how far you could take him. There’s more to this subject than you’d

realized. The guy’s done his homework. He’s brought up some intriguing

questions. But...

 

But what would be the repercussions if you should get involved with that

POMC? The money issue is a Pandora’s Box. You certainly don’t want to

be identified with those who question the currency. That would be

sprinkling tacks on the red carpet they roll out for you down at the bank.

You know all about the Attorney General’s cordial pipeline to the IRS, too.

The last thing on earth you need right now is an audit . . .

 

So, you choose the most convenient path.

 

“T find your argument most interesting,” you hear yourself saying,

“but this court has to be paid in legal tender and your piece of paper isn’t

legal tender. . .”

 

“But, Sir,” the guy interrupts, “I’ve already said . . .”

 

“This is a waste of the court’s time,” you say. “If we started accepting

these worthless pieces of paper, we’d have to close down this court-

house.”

 

“But only as long as the Attorney General withholds his determina-

tion,” the guy says.

 

“I don’t want to hear anymore,” you say. “Pay in regularly accepted

currency or more drastic steps will have to be taken.”

 

You bang the gavel.

 

The guy remains.

 

“Are you ordering me to waive my First Amendment right to petition

for redress of grievances?” the guy asks.

 

“I’m ordering you to pay those Federal Reserve notes,” you say.

 

“Are Federal Reserve notes the money of account of the United States?”

he asks.

 

“Bailiff, take him away,” you say. And, amazingly, the guy lets the

bailiff take him away! You've just jailed a guy for asking a question. But, hell,

 

 

124 THE MIRACLE ON MAIN STREET

 

 

you misunderstood most of what he said. If this money business isn’t

silly, it’s complicated. It’s confusing. Acting in confusion on a silly matter

is something that can be apologized for later, in the remote chance that

you might be held accountable for this. Very remote chance.

- Your uneasy feelings brushed aside, you make room for the next case,

another parking ticket. The defendent, a pretty young matron witha little

girl at her side, pleads guilty and approaches the bench with a Public

Office Money Certificate.

 

“Your honor, I’m tendering for my fine a promissory note payable in

dollars of the money of account of the United States . . .”

 

“Didn't you just see what happened to the last person who handed me

one of those things?” you bellow.

 

“Yes, sit,” she says. “And I think it’s mighty unfair of you to deny him

his First Amendment right to petition for redress, and you will be

reported, although I doubt it will do any good at this time.”

 

You can’t believe this is coming from a pretty, level-headed lady.

 

“Since you denied him his right, I guess you’re going to deny me mine,

too. So, if the bailiff will kindly show me and my child to our cell. . .”

 

She interrupts herself.

 

“Oh. I’ve taken the liberty of inviting my district councilman here to

witness how well-meaning citizens are treated in your courtroom. Coun-

cilman Sanders, will you please stand?”

 

My God! Sanders is on the judiciary committee!

 

The bailiff looks at you frantically. The child presents problems. This

has never happened before. Neither mother nor child seems afraid.

What's worse, they seem to have the support of other spectators in the

courtroom. It’s getting noisy now. Those spectators: working men and

women, housewives, businessmen, truckdrivers, a bus-driver, old peo-

ple, college students . . . What if someone has organized them into kind

of . . . critical mass? What if each one of them is planning to let the court

impose a monetary obligation just so he can wave his damned certificate

under your nose? Oh, God!

 

“Are there others in this courtroom who plan to offer these certificates

to the court?” you ask. Just about everyone raises his hand.

 

You call the bailiff over, mainly to have someone to seem to be saying

something to. Every pause in your courtroom must appear meaningful.

 

Actually, you’re at a loss for words. For the first time in your judicial

career, you're feeling intimidated. But it’s not the sarcastic sort of intim-

idation lawyers used to work on you back in your practicing days. They’re

intimidating you gently.

 

Wait. Perhaps they’re not intimidating you at all. Perhaps the intimida-

tion is only in your mind. Yes. These people just want you to help them.

They want the benefit of the knowledge you’ ve acquired by virtue of your

position! You instruct the bailiff to fetch the defendant you’ ve just jailed.

When he arrives, you ask him to be seated. Then you address the crowd

of people. :

 

“I’m declaring ten minute recess,” you say, “so we can talk. How did

 

 

I: KEEPING YOUR POMC FROM BEING DISCRIMINATED AGAINST 125

 

 

you all monopolize the docket today?”

 

A graying spectator rises from the middle rows.

 

“Fourth Amendment right to privacy in person, papers, and effects,”

he says. Smattering of laughter and good-natured applause.

 

“Will you bargain with me?” you say.

 

“Sure,” says the spectator. “We'll tell you, provided you send our

POMCs through to the Attorney General for the determination we

want.”

 

“You got it,” you say. But you haven’t the vaguest idea how you'll

handle it. Maybe Councilman Sanders can help you. Hey! Yeah! It’s great

that the lady brought him along! He can vouch for you when you explain

how the people pressured you into it. In something as touchy as this, the

more inside support you have, the better.

 

How did the people monopolize the courtroom?

 

It started one morning 8 weeks ago. Several members of the local

Constitution study club (of which both of today’s defendants were mem-

bers) parked their cars at various times at municipal parking meters long

enough for Lovely Rita Meter Maid to ticket them.

 

This was just a test. They needed to see whether Lovely Rita scheduled

the same court date for all tickets issued on a given day. Each ticketed

member that morning did receive the same court date. Now that the club

had discovered Lovely Rita’s modus operandi, the members went ahead

and paid the fine on these tickets by mail.

 

Then the whole club descended into Lovely Rita’s territory. Fifty of

them in almost as many cars. They came at dawn and occupied parking

meters until about noon.

 

Delighted at having so much business in one morning, Lovely Rita

wrote out 43 tickets and routinely docketed them all for the same court

date.

 

Why doesn’t your Constitutional study club try the same thing?

 

 

APPENDIX

I

 

 

wi)

 

 

COMMONWEALTH OF KENTUCKY

OFFICE OF THE ATTORNEY GENERAL

Davin L. ARMSTRONG March 26, 1984 CaPiton BUILDING

 

 

Daten Caren Faawnsont 49601

 

 

Mc. Eric G. Laschon

1010 Pleasure Ridge Drive

Corbin, Kentucky 40701

 

 

Dear Mr. Laschon:

 

 

This is in reply to your letter raising questions

about the United States Constitution, Article 1, Section 10

and, in particular, that clause stating that no state shall

make anything but gold and silver coin a tender in payment of

debts. You have some kind of theory that this clause prohibits

you from paying taxes in anything but gold and silver coin.

 

 

We suggest you examine that volume of the United

States Code designated as U.S.C.A. Const. Art. 1, §8 Clause 4

to Acticle 2 (pp. 234-236 and the index, pp. 42-43). This

provision (Article 1, Section 10), which prohibits states From

making anything but gold and silver coin legal tender does not

apply to the U. S. Congress. The power to regulate the value

of money has been conferred upon the U. S. Government and not

upon the states. It is the U. S. Government and not the states

that has the authority to declare what shall be money and to

regulate its value.

 

 

In the case of Leitch v. State, Department of Revenue,

Or. App., 519 P.2d 1045 (1974), the court said the collection

of taxes due the tri-county metropolitan transportation dis-

 

 

trict in money other than gold and silver coin was valid. The

court stated:

 

 

“U. S. Constitution, Art. 1, §10, upon which

plaintiff relies, prohibits states From

making ‘any thing but gold and silver coin a

Tender in Payment of Debts ***,' Plaintiff

has no cognizable complaint in this regard,

for it is the federal government, not the

state, that has made 'f{aJll coins and cur-

rencies of the United States *** legal

tender ***,* 3] U.S.C. §392 (Supp. 1972)."

 

 

We trust this Letter will be of some assistance to

you. This response has been restricted to the applicable law

based upon the facts you have presented and does not represent

a formal, tegal opinion under KRS 15.025.

 

Sincerely,

DAVID L. ARMSTRONG

 

 

ATTORNEY GENERAL

77 f

 

 

r vs

A

 

THOMAS R. EMERSON

ASSISTANT ATTORNEY GENERAL

 

 

C'FICIAL OPINIONS

 

 

April, 1984. The most recent attorney-general’s opinion

letter to be received in my office, from Kentucky Assistant

A-G Thomas R. Emerson to Eric Laschon, is similar to the

hundreds I’ve seen from other states.

 

Notice the elements:

 

1. Mr. Emerson positions himself early as an intim-

 

126

 

 

II: OFFICIAL OPINIONS . 127

 

 

idator with the statement that Mr. Laschon has “some

kind of theory.”

 

2. Mr. Emerson mis-states the petitioner’s question:

“ ..this clause prohibits you from paying taxes in any-

thing but gold and silver coin.” The Constitution is not

binding on the people; only on governments state and

federal. The clause prohibits the state from compelling

payment in anything but gold and silver coin. As of April

2, 1984, I’ve never seen an official opinion letter—or a

judicial decision— declaring that a state can compel pay-

ment in something other than gold and silver coin.

 

3. How can “the U. S. Government have the authority

to declare what shall be money” when the Constitution

has already declared what shall be money when it prohib-

ited the states from ordaining as a tender any thing but

the gold and silver coined by Congress? The only time

Congress declared what shall be “as money” was in the

Coinage Act of 1792; gold and silver. Federal Reserve notes

have never been declared to be money. Congress still

regulates the value of gold and silver, but Federal Reserve

notes cannot purchase gold and silver at the value Con-

gress has assigned.

 

4. Leitch v State is one of many, many cases in which the

money issue has been improperly argued. Leitch

attempted to satisfy his local tax obligation with checks

purportedly payable in gold and silver coin only, on the

theory that “such taxes can only be collected in specie

designated in Art I Section 10.” The Court's ruling that

Leitch had no complaint because the federal government

can make the states do something the Constitution for-

bids the states from doing is faulty and should have been

appealed to the Oregon Supreme Court.

 

 

APPENDIX

 

 

II

THE PAPER DOLLAR CAPER

 

 

THIS NOTE IS LEGAL TENDER FOR ALL DEBTS, PUBLIC AND

PRIVATE, AND IS REOEEMABLE IN LAWFUL MONEY AT THE UMTED *

STATES TREASURY, OR AT ANY FEDERAL RESERVE BANK. .>"

 

3

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Before 1963, Federal Reserve Notes, defined by law as ‘‘obligations of the

United States’ (12 USC 411), were “REDEEMABLE IN LAWFUL

MONEY AT THE UNITED STATES TREASURY OR AT ANY FED-

ERAL RESERVE BANK.” Lawful money, you'll remember, “shall be con-

strued to mean gold or silver coin of the United States.” (12 USC 152.)

 

 

Ill: THE PAPER DOLLAR CAPER 129

 

 

THIS NOTE iS LEGAL TENDER

FOR ALL DEBTS, PUBLIC AND PRIVATE

 

 

 

 

 

 

 

 

After 1963, the ‘“REDEEMABLE” promise disappeared from the face of

the Federal Reserve Note. But many redeemable notes are still in circuloticn.

Since Congress has neither passed a law rescinding the redeemahility of tee

notes into lawful money, nor changed the definition of “lawful money,”’ the

author maintains that all ““REDEEMABLE” Federal Reserve notes ARE

STILL REDEEMABLE IN GOLD AND SILVER COIN, dollar for dollar.

Further, any state bank giving only paper dollars for them —rather than law-

ful money —is violating Article I Section 10, U. S. Constitution, by making

something other than gold and silver coin a tender in payment of debt!

 

 

In the 1960's, we learned complicated new technologies, overcame

the complex barriers of outer space, acquired graduate degrees in un-

precedented numbers. Our lofty minds, however, were unable to make

sense out of the movements of a few simple words on and off our

currency, movements that slipped private property from the pockets of

us satellite-watchers gazing up into the ideasphere. . .

 

 

130 THE MIRACLE ON MAIN STREET

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

a

{SILVER PAYABLE TO THE BEAMERON DEMAND |

 

 

The Silver Certificate was a U.S. Treasury receipt for one dollar's worth of

silver, or 412.5 grains of silver 90% fine. Since it did not specify silver

“coin,”’ many Silver Certificates were redeemed for little bags of silver powder!

 

 

eae "

 

 

TED STATES OF AMERICA Y

 

 

 

 

 

The irredeemable Federal Reserve Note was treated (and still is by many

judges) as a ‘new kind” of Silver Certificate, when in fact it bears no relation

in the real world to the Silver Certificate whatsoever.

 

To declare the Federal Reserve Paper Dollar to be a modification of the

Silver Certificate is to perpetrate a fraud.

 

Yet, the Federal Reserve sent out the following press release’ announcing

 

 

the changeover:

FEDERAL RESERVE

press release*

 

 

For immediate release November 26, 1963.

 

 

The Board of Governors of the Federal Reserve System and the

Treasury Department announced today that more than 50 million new

$1 Federal Reserve notes are going into circulation. Issuance of the

new $1 notes, authorized by Congress last June, has already begun at

all 12 Federal Reserve Banks and their 24 Branches to commercial

banks in every part of the country. This will make more silver avail-

able for coinage purposes and help to meet the increased demand for

currency in connection with pre-Christmas business.

 

 

To facilitate the widest possible distribution, the initial supply of the

 

 

 

 

 

1. C. O'Donnell, The Standard Handbook of Modern United States Paper Money, Sixth

Edition, Harry J. Forman, Inc., Philadelphia, p. 28.

 

 

 

 

 

III: THE PAPER DOLLAR CAPER 131

 

 

new notes is being distributed through normal commercial banking

channels; none of the first 50 million notes will be available to the

public at any of the Federal Reserve Banks or Branches.

 

 

The new $1 Federal Reserve notes clearly resemble the present $1

silver certificates, which ultimately they will replace completely. The

back of the new notes and the portrait of George Washington on the

face will be exactly the same as the silver certificates. The main dif-

ference will be the addition of a symbol, appearing to the left of the

portrait, identifying the issuing Federal Reserve Bank, and the word- _

ing on the face of the bill. The notes bear the signatures of the Secre-

tary of the Treasury and the Treasurer of the United States, as do

Federal Reserve notes of other denominations.

 

 

The new notes will read [above the portrait]: “The United States of

America” and [below the portrait] “One Dollar’. The legend stating

that the bill ‘Is Legal Tender For All Debts, Public and Private’,

appearing on the silver certificates will also appear on the new Federal

Reserve notes, but the new notes will not contain any reference to

silver. Thus, they will not carry the language: “This Certifies That

There Is On Deposit In The Treasury Of The United States of

America” [above portrait] and “One Dollar In Silver Payable To The

Bearer on Demand” [below the portrait].

 

 

Federal Reserve notes have been the basic circulating currency of

the United States for many years, comprising over 85 per cent [more

than $30 billion] of the face amount of all currency in circulation today.

They are backed 100 per cent by collateral in the form of gold certifi-

cates, U.S. Government securities, or short-term paper discounted or

purchased by the Federal Reserve Banks.

 

 

132 THE MIRACLE ON MAIN STREET

 

 

Aside from Changing Times, the only national magazine to mention the

Federal Reserve's subtle issuance of irredeemable paper was U.S. NEWS

AND WORLD REPORT, December 9, 1963. The event was treated like the

introduction of a “new, improved” product. The logic is completely Alice-

in-Wonderland: how does the withdrawal of silver certificates from circula-

tion promote the coinage of silver dollars? Here's the U.S. NEWS story in its

entirety:

 

 

NOW, A NEW TYPE OF DOLLAR BILL

 

 

Fifty million $1 bills of a new kind are being put into circula-

tion.

 

The new and old notes —as shown in photos above —are very

similar. The major difference between: the two is that the new

 

 

bill contains no reference to silver. Congress authorized the

Treasury to start withdrawing the $1 silver certificates so the

Government's stock of silver bullion could be used for coins or

other purposes.

 

If Congress approves, silver dollars are to be coined next year

for the first time in 30 years.

 

 

 

 

 

APPENDIX

IV

 

 

Le Secretary of State will be happy to send you a copy of the

Constitutional Oath of any officer in public trust. It gives me a feeling

of great security having a copy of my public servants’ pledges that

they will protect my civil and economic rights and defend my family’s

 

 

peace and tranquillity.

 

 

 

 

 

 

 

 

Calh of, Ope

 

 

I, Jotu K. King, do solemly swear that as

 

 

 

 

 

Commissioner of Revenue for the State of Tennessee

 

I will support the Constitution of the Srate of Tennessee and

the Constitution of the United States, and that I will perform

with fidelity and faithfully execute the duties of this office

 

 

to the best of my ability. So help me God

 

 

 

 

 

 

 

 

This the 20th day of January, 197

 

 

STATE OF TENNESSEE

COUNTY OF DAVIDSON

 

 

I, Houston M. Goddard, Judge of the

Court of Appeals of Tennessee, have

this day administered the Oath of

Office to John K. King as

 

 

prescribed and required by law.

 

 

This the 20th day of January, 1979.

 

 

a, Det Ap

 

 

 

 

 

 

 

 

 

 

 

133

 

 

 

 

 

 

 

 

 

 

 

134 THE MIRACLE ON MAIN STREET

 

 

The UNITED STATES

MONETARY SYSTEM

 

 

 

 

 

SUPREME AU THORIT Yi

 

 

q

 

 

 

 

 

Congress shall have power to coin money and regulate the value

thereof, and no state shall make any thing but gold and silver coin a {

tender in payment of debts. breeds 4

 

Article I, Sections 8,10: U.S. Constitution ‘

 

 

5

UNIT OF ACCOUNT OF THE UNITED STATES:

 

 

The DOLLAR,

permanently fixed by Article I Section 9, U.S. Constitu-

tion, and by the 7th Amendment.

 

 

 

 

 

 

MONEY OF ACCOUNT

Coinage Act of 1792

 

 

GOLD

SILVER

 

 

DOLLAR OF GOLD

 

 

 

 

 

 

LAWFUL MONEY

12U.S.C. 152

 

 

 

 

 

aay RARE ' GOLD

1/42 troy oz. of ' DOLLAR |

fine gold. 31 i COIN

U.S.C. 314, | ——__

821. | Of The U.S. .

 

 

DOLLAR OF SILVER | SILVER

 

 

412.5 grains 90% ae

fine silver. Coinage .

Act, 1792. | Of The U.S.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Ill: THE PAPER DOLLAR CAPER 135

 

 

SOURCE: UNITED STATES CODE ANNOTATED

 

 

Hemmer meee earners em eeeseeeerereresesreneeeseseeeeeesesrerervrenserereee

 

 

“LEGAL TENDER: That kind of coin, money, or circulating

 

medium which the law compels a creditor to accept in payment

 

of his debt, when tendered by the debtor in the right amount.”

Black’s Law Dictionary, 5th Edition, 1979.

 

 

$a ae sents ae fo

: LEGAL TENDER :

 

 

Cae eee rece ne merece ser ccece

 

 

 

 

 

SILVER COINS OF

LESS THAN §1.

31 U.S.C. 337,459.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

CURRENCY

31 U.S.C. 392

 

 

 

 

 

FEDERAL

 

 

 

 

 

 

 

 

 

 

 

TES o GOLD CERTIFICATES

U.S.C. 411. (Restricted by 31 U.S.C. 408(a).)

 

 

 

 

 

 

: - AMERICAN DREAM MONEY: ---:

 

 

 

 

 

 

 

SILVER CERTIFICATES

} CURRENCY

 

 

International }:

trade :

currency:

 

 

> FEDERAL RESERVE NOTES:

: REDEEMABLE ONLY IN BANK

DIED: DEMAND DEPOSITS .

 

 

 

 

 

 

 

 

JUNE

UNITED 24, 1968. November 26, 1963

STATES 31 U.S.C.

NOTES 405(a)-3.

 

 

31 U.S.C. 452

 

 

 

 

 

 

 

CUPRONICKEL

TOKENS: ““ADDI-

TIONAL COIN-

 

AGE” ACT OF 1965.

 

 

 

 

 

 

 

 

TREASURY

NOTES 31 U.S.C. 453

 

 

WW. have awakened forces that

nobody is at all familiar with.”’ —John Connally, August 14, 1971

 

 

APPENDIX

 

 

V

THE SUPREME LAW OF THE LAND

 

 

THE CONSTITUTION OF THE

UNITED STATES

 

 

PREAMBLE

[THE SIX REASONS FOR HAVING GOVERNMENT]

 

 

W., the people of the United States, in order to form a more

perfect Union, establish justice, insure domestic tranquility, provide for the

common defense, promote the general welfare, and secure the blessings of

liberty to ourselves and our posterity, do ordain and establish this Constitu-

tion for the United States of America.

 

 

' 136

 

 

V: SUPREME LAW OF THE LAND, U.S. CONSTITUTION 137

 

 

ARTICLE I

[WHO MAKES LAWS AND HOW]

 

 

SECTION 1 All legislative powers herein granted shall be vested in a

Congress of the United States, which shall consist of a Senate and a

House of Representatives.

 

 

SECT, 2. 1. The House of Representatives shall be composed of

members chosen every second year by the people of the several

States, and the electors in each State shall have the qualifications

requisite for electors of the most numerous branch of the State Legis-

lature.

 

2. No person shall be a Representative who shall not have at-

tained to the age of twenty-five years, and been seven years a citizen

of the United States, and who shall not, when elected, be an inhabi-

tant of the State in which he shall be chosen.

 

3. Representatives and direct taxes shall be apportioned among

the several States which may be included within this Union, accord-

ing to their respective numbers, which shall be determined by add-

ing to the whole number of free persons, including those bound to

service for a term of years and excluding Indians not taxed, three-

fifths of all other persons. The actual enumeration shall be made

within three years after the first meeting of the Congress of the

United States, and within every subsequent term of ten years, in

such manner as they shall by law direct. The number of Representa-

tives shall not exceed one for every thirty thousand, but each State

shall have at least one Representative; and until such enumeration

shall be made, the State of New Hampshire shall be entitled to

choose three; Massachusetts, eight; Rhode Island and Providence

Plantations, one; Connecticut, five; N ew York, six; New Jersey, four;

Pennsylvania, eight; Delaware, one; Maryland, six; Virginia, ten;

North Carolina, five; South Carolina, five; and Georgia, three.

 

4, When vacancies happen in the representation from any State

the Executive Authority thereof shall issue writs of election to fill

such vacancies.

 

5. The House of Representatives shall choose their Speaker and.

other officers, and shall have the sole power of impeachment.

 

 

SECT. 3. 1. The Senate of the United States shall be composed of

two Senators from each State, chosen by the Legislature thereof for

six years; and each Senator shall have one vote.

 

2. Immediately after they shall be assembled in consequence of

the first election, they shall be divided as equally as may be into

three classes. The seats of the Senators of the first class shall be

- vacated at the expiration of the second year; of the second class at

the expiration of the fourth year; and of the third class at the expira-

tion of the sixth year, so that one-third may be chosen every second

 

 

138 THE MIRACLE ON MAIN STREET

 

 

year, and if vacancies happen by resignation, or otherwise, during

the recess of the Legislature of any State, the Executive thereof may

make temporary appointments until the next meeting of the Legisla-

ture, which shall then fill such vacancies.

 

3. No person shall be a Senator who shall not have attained to the

age of thirty years, and been nine years a citizen of the United

States, and who shall not, when elected, be an inhabitant of that

State for which he shall be chosen.

 

4. The Vice President of the United States shall be President of

the Senate, but shall have no vote, unless they be equally divided.

 

5. The Senate shall choose their other officers, and also a Presi-

dent pro tempore, in the absence of the Vice President, or when he

shall exercise the office of President of the United States.

 

6. The Senate shall have the sole power to try all impeachments.

When sitting for that purpose, they shall be on oath or affirmation.

When the President of the United States is tried, the Chief Justice

shall preside; and no person shall be convicted without the concur-

rence of two-thirds of the members present.

 

7. Judgment in cases of impeachment shall not extend further

than to removal from office, and disqualification to hold and enjoy

any office of honor, trust, or profit under the United States; but the

party convicted shall nevertheless be liable and subject to indict-

ment, trial, judgment, and punishment, according to law.

 

 

SECT. 4, 1. The times, places and manner of holding elections

for Senators and Representatives shall be prescribed in each State by

the Legislature thereof, but the Congress may at any time by law

make or alter such regulations, except as to the places of choosing

Senators.

 

2. The Congress shall assemble at least once in every year, and

such meeting shall be on the first Monday in December, unless they

shall by law appoint a different day.

 

 

SECT. 5. 1. Each House shall be the judge of the elections, re-

turns and qualifications of its own members, and a majority of each

shall constitute a quorum to do business; but a smaller number may

adjourn from day to day, and may be authorized to compel the

attendance of absent members, in such manner and under such

penalties as each House may provide.

 

2. Each House may determine the rules of its proceedings, punish

its members for disorderly behavior, and, with the concurrence of

two-thirds, expel a member.

 

3. Each House shall keep a journal of its proceedings, and from

time to time publish the same, excepting such parts as may in their

judgment require secrecy; and the yeas and nays of the members of

either House on any question shall, at the desire of one-fifth of those

present, be entered on the journal.

 

 

V: SUPREME LAW OF THE LAND, U.S. CONSTITUTION 139

 

 

4. Neither House, during the session of Congress, shall, without

the consent of the other, adjourn for more than three days, nor to

any other place than that in which the two Houses shall be sitting.

 

 

SECT. 6. 1. The Senators and Representatives shall receive a

compensation for their services, to be ascertained by law, and paid

out of the Treasury of the United States. They shall in all cases,

except treason, felony, and breach of the peace, be privileged from

arrest during their attendance at the session of their respective

Houses, and in going to and returning from the same; and for any

speech or debate in either House they shall not be questioned in any

other place.

 

2. No Senator or Representative shall, during the time for which

he was elected, be appointed to any civil office under the authority

of the United States which shall have been created, or the emol-

uments whereof shall have been increased during such time; and no

person holding any office under the United States shall be a member

of either House during his continuance in office.

 

 

SECT. 7. 1. All bills for raising revenue shall originate in the

House of Representatives; but the Senate may propose or concur

with amendments, as on other bills.

 

2. Every bill which shall have passed the House of Representa-

tives and the Senate shall, before it becomes a law, be presented to

the President of the United States; if he approves, he shall sign it,

but if not, he shall return it, with his objections, to that House in

which it shall have originated, who shall enter the objections at large

on their journal, and proceed to reconsider it. If after such recon-

sideration two-thirds of that House shall agree to pass the bill, it

shall be sent together with the objections to the other House, by

which it shall likewise be reconsidered, and if approved by two-

thirds of that House, it shall become a law. But in all such cases the

votes of both Houses shall be determined by yeas and nays, and the

names of the persons voting for and against the bill shall be entered

on the journal of each House respectively. If any bill shall not be

returned by the President within ten days (Sundays excepted) after

it shall have been presented to him, the same shall be a law, in like

manner as if he had signed it, unless the Congress by their ad-

journment prevent its return, in which case it shall not be a law.

 

3. Every order, resolution, or vote to which the concurrence of

the Senate and the House of Representatives may be necessary (ex-

cept on a question of adjournment) shall be presented to the Presi-

dent of the United States; and before the same shall take effect, shall

be approved by him, or being disapproved by him, shall be repassed

by two-thirds of the Senate and House of Representatives, accord-

ing to the rules and limitations prescribed in the case of a bill.

 

 

140 THE MIRACLE ON MAIN STREET

[WHAT CONGRESS CAN DO]

 

 

SECT. 8. The Congress shall have power:

 

1. To lay and collect taxes, duties, imposts and excises, to pay th

debts . ad provide for the common defense and general welfare o

the United States; but all duties, imposts and excises shall be uni-

form throughout the United States;

 

2. To borrow money on the credit of the United States;

 

3. To regulate commerce with foreign nations, and among the

several States, and with the Indian tribes;

 

4. To establish a uniform rule of naturalization, and uniform laws

on the subject of bankruptcies throughout the United States;

 

5. To coin money, regulate the value thereof, and of foreign coin,

and fix the standards of weights and measures;

 

6. To provide for the punishment of counterfeiting the securities

and current coin of the United States;

 

7. To establish post offices and post roads;

 

8. To promote the progress of science and useful arts, by secur-

ing, for limited times, to authors and inventors, the exclusive right

to their respective writings and discoveries;

 

9. To constitute tribunals inferior to the Supreme Court;

 

10. To define and punish piracies and felonies committed on the

high seas, and offenses against the law of nations;

 

11. To declare war, grant letters of marque and reprisal, and make

rules concerning captures on land and water;

 

12. To raise and support armies, but no appropriation of money to

that use shall be for a longer term than two years;

 

13. To provide and maintain a navy;

 

14. To make rules for the government and regulation of the land

and naval forces;

 

15. To provide for calling forth the militia to execute the laws of

the Union, suppress insurrections, and repel invasions;

 

16. To provide for organizing, arming, and disciplining the

militia, and for governing such part of them as may be employed in

the service of the United States, reserving to the States respectively

the appointment of the officers and the authority of training the

militia according to the discipline prescribed by Congress;

 

17. To exercise exclusive legislation in all cases whatsoever over

such district (not exceeding ten miles square) as may by cession of

particular States and the acceptance of Congress, become the seat of

Government ef the United States, and to exercise like authority over

all places purchased by the consent of the Legislature of the State in

which the same shall be, for the erection of forts, magazines, arsen-

als, dock-yards, and other needful buildings; —and

 

18. To make all laws which shall be necessary and proper for

carrying into execution the foregoing powers, and all other powers

vested by this Constitution in the Government of the United States,

 

 

V: SUPREME LAW OF THE LAND, U.S. CONSTITUTION 141

 

 

or any department or officer thereof.

 

 

[WHAT THE UNITED STATES CAN'T DO]

 

 

SECT. 9. 1. The migration or importation of such persons as any

of the States now existing shall think proper to admit, shall not be

prohibited by the Congress prior to the year one thousand eight

hundred and eight, but a tax or duty may be imposed on such

importation, not exceeding ten dollars for each person.

 

2. The privilege of the writ of habeas corpus shall not be sus-

pended, unless when in cases of rebellion or invasion the public

safety may require it.

 

3. No bill of attainder or ex post facto law shall be passed.

 

4. No capitation or other direct tax shall be laid, unless in propor-

tion to the census or enumeration herein before directed to be taken.

 

5. No tax or duty shall be laid on articles exported from any State.

 

6. No preference shall be given by any regulation of commerce or

revenue to the ports of one State over those of another; nor shall

vessels bound to, or from, one State be obliged to enter, clear, or pay

duties in another.

 

7. No money shall be drawn from the Treasury but in conse-

quence of appropriations made by law; and a regular statement and

account of the receipts and expenditures of all public money shall be

published from time to time.

 

8. No title of nobility shall be granted by the United States; and

no person holding any office of profit or trust under them, shall,

without the consent of the Congress, accept of any present, emolu-

ment, office, or title, of any kind whatever. from any king, prince, or

foreign state.

 

 

[WHAT NO STATE CAN DO]

 

 

SECT. 10. 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 nobil-

ity.

2. No State shall, without the consent of the Congress, lay any

imposts or duties on imports or exports except what may be abso-

lutely necessary for executing its inspection laws; and the net pro-

duce 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 control of the

Congress.

 

3. 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

 

 

142 THE MIRACLE ON MAIN STREET

 

 

power, or engage in war, unless actually invaded, or in such immi-

nent danger as will not admit delay.

 

 

ARTICLE I

[CARRYING OUT THE LAWS]

 

 

SECTION 1. 1. The executive power shall be vested in a Presi-

dent of the United States of America. He shall hold his office during

the term of four years, and, together with the Vice President, chosen

for the same term, be elected as follows:

 

2. Each State shall appoint, in such manner as the legislature

thereof may direct, a number of electors, equal to the whole number

of Senators and Representatives to which the State may be entitled

in the Congress; but no Senator or Representative or person holding

an office of trust or profit under the United States shall be appointed

an elector.

 

3. The electors shall meet in their respective States, and vote by

ballot for two persons, of whom one at least shall not be an inhabi-

tant of the same state with themselves. And they shall make a list of

all the persons voted for, and of the number of votes for each; which

list they shall sign and certify, and transmit, sealed, to the seat of

the Government of the United States, directed to the President of

the Senate. The President of the Senate shall, in the presence of the

Senate and House of Representatives open all the certificates, and

the votes shall then be counted. The person having the greatest

number of votes shall be the President, if such number be a majority

of the whole number of electors appointed; and if there be more

than one who have such majority, and have an equal number of

votes, then the House of Representatives shall immediately choose

by ballot one of them for President; and if no person have a majority,

then from the five highest on the list the said House shall in like

manner choose the President. But in choosing the President, the

votes shall be taken by States, the representation from each State

having one vote; a quorum, for this purpose, shall consist of a

member or members from two-thirds of the States, and a majority of

all the States shall be necessary to a choice. In every case, after the

choice of the President, the person having the greatest number of

votes of the electors shall be the Vice President. But if there shall

remain two or more who have equal votes, the Senate shall choose

from them by ballot the Vice President.

 

4. The Congress may determine the time of choosing the electors

and the day on which they shall give their vote, which day shall be

the same throughout the United States.

 

5. No person except a natural born citizen, or a citizen of the

United States, at the time of the adoption of this Constitution, shall

be eligible to the office of President; neither shall any person be

eligible to that office who shall not have attained to the age of

 

 

V: SUPREME LAW OF THE LAND, U.S. CONSTITUTION 143

 

 

thirty-five years, and been fourteen years a resident within the

United States.

 

6. In case of the removal of the President from office, or of his

death, resignation or inability to discharge the powers and duties of

the said office, the same shall devolve on the Vice President, and the

Congress may by law provide for the case of removal, death, resig-

nation, or inability, both of the President and Vice President, declar-

ing what officer shall then act as President, and such officer shall act

accordingly until the disability be removed, or a President shall be

elected.

 

7. The President shall, at stated times, receive for his services a

compensation which shall neither be increased nor diminished dur-

ing the period for which he shall have been elected, and he shall not

receive within that period any other emolument from the United

 

States, or any of them.

 

'  §. Before he enters on the execution of his office, he shall take the

following oath or affirmation:

 

“I do solemniy swear (or affirm) that I will faithfully execute the

office of President of the United States, and will, to the best of my

ability, preserve, protect, and defend the Constitution of the United

States.” =)

 

 

SECT. 2. 1. The President shall be Commander-in-Chief of the

Army and Navy of the United States, and of the militia of the several

States, when called into the actual service of the United States; he

may require the opinion, in writing, of the principal officer in each of

the executive departments, upon any subject relating to the duties of

their respective offices; and he shall have power to grant reprieves,

and pardons for offenses against the United States, except in cases

of impeachment.

 

2. He shall have power, by and with the advice and consent of the

Senate, to make treaties, provided two-thirds of the Senators pres-

ent concur; and he shall nominate and, by and with the advice and

consent of the Senate, shall appoint ambassadors, other public min-

isters and consuls, judges of the Supreme Court, and all other offi-

cers of the United States, whose appointments are not herein

otherwise provided for, and which shall be established by law; but

the Congress may by law vest the appointment of such inferior

officers as they think proper in the President alone, in the courts of

law, or in the heads of departments.

 

3. The President shall have power to fill up all vacancies that may

happen during the recess of the Senate, by granting commissions

which shall expire at the end of their next session.

 

 

SECT. 3. He shall from time to time give to the Congress informa-

tion of the State of the Union, and recommend to their consideration

such measures as he shall judge necessary and expedient; he may,

 

 

144 THE MIRACLE ON MAIN STREET

 

 

on extraordinary occasions, convene both Houses, or either of them,

and in case of disagreement between them with respect to the time

of adjournment, he may adjourn them to such time as he shall think

proper; he shall receive ambassadors and other public ministers; he

shall take care that the laws be faithfully executed, and shall com-

mission all the officers of the United States.

 

 

SECT. 4. The President, Vice President, and all civil officers of the

United States, shall be removed from office on impeachment for,

and conviction of, treason, bribery, or other high crimes and mis-

demeanors.

 

 

ARTICLE III

[JUDGING BY THE LAWS]

 

 

SECTION 1. The judicial power of the United States shall be

vested in one Supreme Court, and in such inferior courts as the

Congress may from time to time ordain and establish. The judges,

both of the Supreme and inferior courts, shall hold their offices

during good behavior, and shall, at stated times, receive for their

services a compensation which shall not be diminished during their

continuance in office.

 

 

SECT. 2. 1. The judicial power shall extend to all cases, in law

and equity, arising under this Constitution, the laws of the United

States, and treaties made, or which shall be made, under their

authority;—to all cases affecting ambassadors, other public minis-

ters and consuls;—to all cases of admiralty and maritime

jurisdiction;—to controversies to which the United States shall be a

party;—to controversies between two or more States;—between a

State and citizens of another State;—between citizens of different

States;—between citizens of the same State, claiming lands under

grants of different States, and between a State, or the citizens

thereof, and foreign States, citizens, or subjects.

 

2. In all cases affecting ambassadors, other public ministers and

consuls, and those in which a State shall be a party, the Supreme

Court shall have original jurisdiction. In all the other cases before

mentioned the Supreme Court shall have appellate jurisdiction,

both as to law and fact, with such exceptions and under such regula-

tions as the Congress shall make.

 

3. The trial of all crimes, except in cases of impeachment, shall be

by jury, and such trial shall be held in the State where the said

crimes shall have been committed; but when not committed within

any State the trial shall be at such place or places as the Congress

may by law have directed.

 

 

SECT, 3. 1. Treason against the United States shall consist only

 

 

V: SUPREME LAW OF THE LAND, U.S. CONSTITUTION 145

 

 

in levying war against them, or in adhering to their enemies, giving

them aid and comfort. No person shall be convicted of treason un-

: less on the testimony of two witnesses to the same overt act, or on

confession in open court.

2. The Congress shall have power to declare the punishment of

treason; but no attainder of treason shall work corruption of blood,

or forfeiture except during the life of the person attainted.

 

 

ARTICLE IV _

[INTERSTATE RELATIONS]

 

 

SECTION 1. Full faith and credit shall be given in each State to the

public acts, records, and judicial proceedings of every other State.

And the Congress may by general laws prescribe the manner in

which such acts, records and proceedings shall be proved, and the

effect thereof.

 

 

SECT. 2. 1. The citizens of each State shall be entitled to all

privileges and immunities of citizens in the several States.

 

2. A person charged in any State with treascn, felony, or other

crime, who shall flee from justice and be found in another State,

shall, on demand of the Executive authority of the State from which

he fled, be delivered up, to be removed to the State having jurisdic-

tion of the crime.

 

3. No person held to service or labor in one State, under the laws

thereof, escaping into another, shall, in consequence of any law or

regulation therein, be discharged from such service or labor, but

shall be delivered up on claim of the party to whom such service or

labor may be due.

 

 

SECT. 3. 1. New States may be admitted by the Congress into

this Union; but no new State shall be formed or erected within the

jurisdiction of any other State; nor any State be formed by the junc-

tion of two or more States, or parts of States, without the consent of

the Legislatures of the States concerned, as well as of the Congress.

 

2. The Congress shall have power to dispose of and make all

needful rules and regulations respecting the territory or other prop-

erty belonging to the United States; and nothing in this Constitution

shall be so construed as to prejudice any claims of the United States

or of any particular State.

 

 

SECT. 4. The United States shall guarantee to every State in this

Union a republican form of government, and shall protect each of

them against invasion, and, on application of the Legislature, or of

the Executive (when the Legislature cannot be convened), against

domestic violence.

 

 

146 THE MIRACLE ON MAIN STREET

 

 

ARTICLE V

[HOW AMENDMENTS ARE TO BE MADE]

 

 

The Congress, whenever two-thirds of both Houses shall deem it

necessary, shall propose amendments to this Constitution, or, on

the application of the Legislatures of two-thirds of the several

States, shall call a convention for proposing amendments, which, in

either case, shall be valid to all intents and purposes, as part of this

Constitution, when ratified by the Legislatures of three-fourths of

the several States, or by conventions in three-fourths thereof, as the

one or the other mode of ratification may be proposed by the Con-

gress; provided that no amendment which may be made prior to the

year one thousand eight hundred and eight shall in any manner

affect the first and fourth clauses in the Ninth Section of the First

Article; and that no State, without its consent, shall be deprived of

its equal suffrage in the Senate.

 

 

ARTICLE VI

 

 

1. All debts contracted and engagements entered into before the

adoption of this Constitution, shall be as valid against the United

States under this Constitution, as under the Confederation.

 

 

[THE SUPREMACY CLAUSE]

 

 

2. This Constitution and the laws of the United States which shall

be made in pursuance thereof; and all treaties made, or which shall

be made, under the authority of the United States, shall be the

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

bound thereby, anything in the Constitution or laws of any State to

the contrary notwithstanding.

 

 

[THE BINDING OATH]

 

 

3. The Senators and Representatives before mentioned, and the

members of the several State Legislatures, and all executive and

judicial officers, both of the United States and of the several States,

shall be bound by oath or affirmation to support this Constitution;

but no religious test shall ever be required as a qualification to any

office or public trust under the United States.

 

 

ARTICLE VII

[THE PEOPLE’S ‘“YES’’]

 

 

The ratification of the Convention of nine States shall be sufficient

for the establishment of this Constitution between the States so

ratifying the same.

 

Done in Convention by the Unanimous Consent of the States

present the Seventeenth Day of September in the Year of Our Lord

one thousand seven hundred and eighty-seven, and of the Inde-

 

 

V: SUPREME LAW OF THE LAND, U.S. CONSTITUTION 147

 

 

pendence of the United States of America the Twelfth. In witness

whereof we have hereunto subscribed our names. [Ages added. ]

 

 

GEO[RGE] WASHINGTON, 55 NEW JERSEY

 

 

President and deputy from William Livingston, 63

Virginia David Brearley, 42

NEW HAMPSHIRE ae siting

John Langdon, 46 SE es

Nicholas Gilman, 32 PENNSYLVANIA

MASSACHUSETTS Benjamin Franklin, 81

 

 

Robert Morris, 53

Thomas Fitzsimmons, 46

James Wilson, 45

 

 

Nathaniel Gorham, 49

Rufus King, 32

 

 

CONNECTICUT Thomas Mifflin, 43

William Samuel Gouverneur Morris, 35

Johnson, 59 Jared Ingersoll, 37

Roger Sherman, 66 George Clymer, 48

DELAWARE NORTH CAROLINA

George Read, 53 William Blount, 38

John Dickinson, 55 Hugh Williamson, 51

Jacob Broom, 35 Richard Dobbs Spaight, 29

cunning Bedford Je 40 SOUTH CAROLINA

, James Rutledge, 48

MARYLAND Charles Pinckney, 29

James McHenry, 34 Charles Cotesworth

Daniel Carroll, 31 Pinckney, 41

Daniel of St. Thos. Jenifer, 64 Pierce Butler, 43

VIRGINIA GEORGIA

John Blair, 55 William Few, 39

James Madison, Jr., 36 Abraham Baldwin, 32

NEW YORK ATTEST:

Alexander Hamilton, 30 William Jackson, Secretary

 

 

The Constitution was declared in effect on the first Wednesday in March, 1789.

Why isn’t the first Wednesday in March an American holiday? Shouldn’t it be?

 

 

AMENDMENTS TO THE CONSTITUTION

OF THE UNITED STATES *

 

 

PREAMBLE

 

 

The Conventions of a number of the States, having at the time of

their adopting the Constitution, expressed a desire, in order to pre-

vent misconstruction or abuse of its powers, that further declaratory

and restrictive clauses should be added: that as extending the ground

of public confidence in the Government, will best insure the benefi-

cent ends of its institution.

 

 

*Sometimes called our Bill of Rights, were declared in force December 15, 1791.

 

 

148 THE MIRACLE ON MAIN STREET

 

 

AMENDMENT I

 

 

Congress shall make no law respecting an establishment of reli-

gion, or prohibiting the free exercise thereof; or abridging the free-

dom of speech or of the press; or the right of the people peaceably to

assemble, and to petition the Government for a redress of grievanc-

es.

 

 

AMENDMENT II

 

 

A well-regulated Militia, being necessary to the security of a free

State, the right of the people to keep and bear arms, shall not be

infringed.

 

 

AMENDMENT III

 

 

No Soldier shall, in time of peace be quartered in any house,

without the consent of the owner, nor in time of war, but in a

manner to be prescribed by law.

 

 

AMENDMENT IV

 

 

The right of the people to be secure in their persons, houses,

papers, and effects, against unreasonable searches and seizures,

shall not be violated, and no warrants shall issue, but upon probable

cause, supported by oath or affirmation, and particularly describiny

the place to be searched, and the persons or things to be seized.

 

 

AMENDMENT V

 

 

No person shall be held to answer for a capital, or otherwise

infamous crime, unless on a presentment or indictment of a grand

jury, except in cases arising in the land or naval forces, or in the

militia, when in actual service in time of war or public danger; nor

shall any person be subject for the same offense to be twice put in

jeopardy of life or limb, nor shall be compelled in any criminal case

to be a witness against himself; nor be deprived of life, liberty, or

property, without dve process of law; nor shall private property be

taken for public use, without just compensation.

 

 

AMENDMENT VI

 

 

In all criminal prosecutions, the accused shall enjoy the right

to a speedy and public trial, by an impartial jury of the State

and district wherein the crime shall have been committed, which

district shall have been previously ascertained by law, and to

be informed of the nature and cause of the accusation; to be

confronted with the witnesses against him; to have compulsory pro-

cess for obtaining witnesses in his favor, and to have the assistance

of counsel for his defense.

 

 

V: SUPREME LAW OF THE LAND, U.S. CONSTITUTION 149

 

 

AMENDMENT VII

 

 

In suits at common law, where the value in controversy shall

exceed twenty dollars, the right of trial by jury shall be preserved,

and no fact tried by a jury, shall be otherwise reexamined in any

court of the United States, than according to the rules of the com-

mon law.

 

 

AMENDMENT VUI

 

 

Excessive bail shall not be required, nor excessive fines imposed,

nor cruel and unusual punishments inflicted.

 

 

AMENDMENT IX

 

 

The enumeration in the Constitution, of certain rights, shall not be

construed to deny or disparaze others retained by the people.

 

 

AMENDMENT X

 

 

The powers not delegated to the United States by the Constitu-

tion, nor prohibited by it to the States, are reserved to the States

respectively, or to the people.

 

 

SUBSEQUENT AMENDMENTS

 

 

AMENDMENT XI

 

 

The judicial power of the United States shall not be construed to

extend to any suit in law or equity, commenced or prosecuted

against one of the United States by citizens of another State, or by

citizens or subjects of any foreign State.

 

(Proposed to the Legislatures ot the several States by the Third Congress on the 5th

 

 

of March, 1794, and declared to have been ratified by Executive Proclamation,

January 8, 1798.)

 

 

AMENDMENT XII

 

 

The electors shall meet in their respective States, and vote by

ballot for President and Vice President, one of whom, at least, shall

not be an inhabitant of the same State with themselves; they shall

name in their ballots the person voted for as President, and in dis-

tinct ballots the person voted for as Vice President; and they shall

make distinct lists of all persons voted for as President, and of all

persons voted for as Vice President, and of the number of votes for

each, which lists they shall sign and certify, and transmit sealed to

the seat of the Government of the United States directed to the

President of the Senate; the President of the Senate shall, in the

presence of the Senate and House of Representatives, open all the

 

 

150 THE MIRACLE ON MAIN STREET

 

 

certificates and the votes shall then be counted; the person having

the greatest number of votes for President, shall be the President, if

such number be a majority of the whole number of electors ap-

pointed; and if no person have such majority, then from the persons

having the highest numbers not exceeding three on the list of those

voted for as President, the House of Representatives shall choose:

immediately, by ballot, the President. But in choosing the President,

the votes shall be taken by States, the representation from each State

having one vote; a quorum for this purpose shall consist of a

member or members from two-thirds of the States, and a majority of

all the States shall be necessary to a choice. And if the House of

Representatives shall not choose a President whenever the right of

choice shall devolve upon them, before the fourth day of March next

following, then the Vice President shall act as President, as in the

case of the death or other constitutional disability of the President.

The person having the greatest number of votes as Vice President

shall be the Vice President, if such number be a majority of the

whole number of electors appointed, and if no person have a major-

ity, then from the two highest numbers on the list, the Senate shall

choose the Vice President; a quorum for the purpose shall consist of

two-thirds of the whole number of Senators, and a majority of the

whole number shall be necessary to a choice. But no person con-

stitutionally ineligible to the office of President shall be eligible to

that of Vice President of the United States.

 

(Proposed by the Eighth Congress on the 12th of December, 1803, declared ratified

 

 

by the Secretary of State, September 25, 1804. It was ratified by all the States except

Connecticut, Delaware, Massachusetts, and New Hampshire.)

 

 

AMENDMENT XIII

 

 

1. Neither slavery nor involuntary servitude, except as a punish-

ment for crime whereof the party shall have been duly convicted,

shall exist within the United States, or any place subject to their

jurisdiction.

 

2. Congress shall have power to enforce this article by appropri-

ate legislation.

 

(Proposed by the Thirty-eighth Congress on the 1st of February, 1865, declared

ratified by the Secretary of State, December 18, 1865. It was rejected by Delaware and

Kentucky; was conditionally ratified by Alabama and Mississippi; and Texas took no

action.)

 

 

AMENDMENT XIV

 

 

1. All persons born or naturalized in the United States, and sub-

ject to the jurisdiction thereof, are citizens of the United States and

of the State wherein they reside. No State shall make or enforce

any law which shall abridge the privileges or immunities of citizens

of the United States; nor shall any State deprive any person of life,

 

 

V: SUPREME LAW OF THE LAND, U.S. CONSTITUTION 151

 

 

liberty, or property, without due process of law; nor deny to any

person within its jurisdiction the equal protection of the laws.

 

2. Representatives shall be apportioned among the several States

according to their respective numbers, counting the whole number

of persons in each State, excluding Indians not taxed. But when

the right to vote at any election for the choice of electors for Presi-

dent and Vice President of the United States, Representatives in

Congress, the executive and Judicial officers of a State, or the

members of the Legislature thereof, is denied to any of the male

inhabitants of such State, being twenty-one years of age, and citi-

zens of the United States, or in any way abridged, except for par-

ticipation in rebellion, or other crime, the basis of representation

therein shall be reduced in the proportion which the number of

such male citizens shall bear to the whole number of male citizens

twenty-one years of age in such State.

 

3. No person shall be a Senator or Representative in Congress,

or elector of President and Vice President, or hold any office, civil

or military, under the United States, or under any State, who, hav-

ing previously taken an oath, as a member of Congress, or as an

officer of the United States, or as a member of any State Legisla-

ture, or as an executive or judicial officer of any State, to support

the Constitution of the United States, shall have engaged in insur-

rection or rebellion against the same, or given aid or comfort to the

enemies thereof. But Congress may by a vote of two-thirds of each

House, remove such disability.

 

4. The validity of the public debt of the United States, au-

thorized by law, including debts incurred for payment of pensions

and bounties for services in suppressing insurrection or rebellion,

shall not be questioned. But neither the United States nor any State

shall assume or pay any debt or obligation incurred in aid of insur-

rection or rebellion against the United States, or any claim for the

loss or emancipation of any slave; but all such debts, obligations,

and claims shall be held illegal and void.

 

5. The Congress shall have power to enforce, by appropriate

legislation, the provisions of this article.

 

(The Reconstruction Amendment, by the Thirty-ninth Congress on the 16th day

of June, 1866, was declared ratified by the Secretary of State, July 28, 1868. The

amendment got the supportiof 23 Northern States; it was rejected by Delaware,

Kentucky, Maryland, and 10 Southern States. California took no action. Later, it

was ratified by the 10 Southern States)

 

 

AMENDMENT XV

 

 

1. The right of citizens of the United States to vote shall not be

denied or abridged by the United States or by any State on account

of race, color, or previous condition of servitude.

 

2. The Congress shall have power to enforce this article by ap-

propriate legislation.

 

 

152 THE MIRACLE ON MAIN STREET

 

 

(Proposed by the Fortieth Congress the 27th of February, 1869, and was declared

ratified by the Secretary of State, March 30, 1870. It was not acted on by Tennessee;

it was rejected by California, Delaware, Kentucky, Maryland and Oregon; ratified

by the remaining 30 States. New York rescinded its ratification January 5, 1870. New

Jersey rejected it in 1870, but ratified it in 1871.)

 

 

AMENDMENT XVI

 

 

The Congress shall have power to lay and collect taxes on in-

comes, from whatever source derived, without apportionment

among the several States, and without regard to any census or

enumeration.

 

(Proposed by the Sixty-first Congress, July 12, 1909, and declared ratified Feb-

 

 

tuary 25, 1913. The income tax amendment was ratified by all the States except

Connecticut, Florida, Pennsylvania, Rhode Island, Utah, and Virginia.)

 

 

AMENDMENT XVII

 

 

1. The Senate of the United States shall be composed of two

Senators from each State, elected by the people thereof, for six

years; and each Senator shall have one vote. The electors in each

State shall have the qualifications requisite for electors of the most

numerous branch of the State Legislatures.

 

2. When vacancies happen in the representation of any State in

the Senate, the executive authority of such State shall issue writs of

election to fill such vacancies: provided, that the legislature of any

State may empower the Executive thereof to make temporary ap-

pointments until the people fill the vacancies by election as the

legislature may direct.

 

3. This amendment shall not be so construed as to affect the el-

ection or term of any Senator chosen before it becomes valid as

part of the Constitution.

 

(Proposed by the Sixty-second Congress on the 16th day of May, 1912, and de-

clared ratified May 31, 1913. Adopted by all the States except Alabama, Delaware,

 

 

Florida, Georgia, Kentucky, Louisiana, Maryland, Mississippi, Rhode Island, South

Carolina, Utah and Virginia.)

 

 

AMENDMENT XVII

 

 

1. After one year from the ratification of this article the manufac-

ture, sale, or transportation of intoxicating liquors within, the im-

portation thereof into, or the exportation thereof from the United

States and all territory subject to the jurisdiction thereof for bever-

age purposes is hereby prohibited.

 

2. The Congress and the several States shall have concurrent

power to enforce this article by appropriate legislation.

 

3. This article shall be inoperative unless it shall have been

ratified as an amendment to the Constitution by the Legislatures of

the several States, as provided in the Constitution, within seven

 

 

V: SUPREME LAW OF THE LAND, U.S. CONSTITUTION 153

 

 

years from the date of the submission hereof to the States by the

Congress.

 

 

(Proposed by the Sixty-fifth Congress, December 18, 1917, and ratified by 36

States; was declared in effect on January 16, 1920.)

 

 

AMENDMENT XIX

 

 

1. The right of citizens of the United States to vote shall not be

denied or abridged by the United States or by any State on account

of sex.

 

2. Congress shall have power to enforce this article by appropri-

ate legislation.

 

(Proposed by the Sixty-fifth Congress. On August 26, 1920, it was proclaimed in

 

 

effect, having been ratified June 19, 1919—August 18, 1920) by three-quarters of the

States. The Tennessee House, August 31st, rescinded its ratification, 47 to 24.)

 

 

AMENDMENT XX

 

 

1. The terms of the President and Vice President shall end at

noon on the 20th day of January, and the terms of Senators and

Representatives at noon on the 3rd day of January, of the years in

which such terms would have ended if this article had not been

ratified; and the terms of their successors shall then begin.

 

2. The Congress shall assemble at least once in every year, and

such meeting shall begin at noon on the 3rd day of January, unless

they shall by law appoint a different day.

 

3. If, at the time fixed for the beginning of the term of the Presi-

dent, the President elect ‘shall have died, the Vice President elect

shall become President. If a President shall not have been chosen

before the time fixed for the beginning of his term, or if the Presi-

dent elect shall have failed to qualify, then the Vice President elect

shall act as President until a President shall have qualified; and the

Congress may by law provide for the case wherein neither a Presi-

dent elect nor a Vice President elect shall have qualified, declaring

who shall then act as President, or the manner in which one who is

to act shall be selected, and such person shall act accordingly until

a President or Vice President shall have qualified.

 

4. The Congress may by law provide for the case of the death of

any of the persons from whom the House of Representatives may

choose a President whenever the right of choice shall have de-

volved upon them, and for the case of the death of any of the

persons from whom the Senate may choose a Vice President

whenever the right of choice shall have devolved upon them.

 

5. Sections J and 2 shall take effect on the 15th day of October

following the ratification of this article.

 

6. This article shall be inoperative unless it shall have been

ratified as an amendment to the Constitution by the legislatures of

 

 

 

 

 

154 THE MIRACLE ON MAIN STREET

 

 

three-fourths of the several States within seven years from the date

of its submission.

 

 

(Proposed by the Seventy-second Congress, First Session. On February 6, 1933, it

was proclaimed in effect, having been ratified by thirty-nine States.)

 

 

AMENDMENT XxXI

 

 

1. The eighteenth article of amendment to the Constitution of

the United States is hereby repealed.

 

2. The transportation or importation into any State, Territory, or

possession of the United States for delivery or use therein of in-

toxicating liquors, in violation of the laws thereof, is hereby prohi-

bited.

 

3. This article shall be inoperative unless it shall have been

ratified as an amendment to the Constitution by conventions in

several States, as provided in the Constitution, within seven years

from the date of the submission hereof to the States by the Con-

gress.

 

(Proposed by the Seventy-second Congress, Second Session. Proclaimed in effect

on December 5, 1933, having been ratified by thirty-six States. By proclamation of

the same date, the President proclaimed that the eighteenth amendment to the

Constitution was repealed on December 5, 1933.)

 

 

AMENDMENT XXII

 

 

1. No person shall be elected to the office of the President more

than twice, and no person who has held the office of President, or

acted as President, for more than two years of a term to which

some other person was elected President shall be elected to the

office of the President more than once. But this article shall not

apply to any person holding the office of President when this arti-

cle was proposed by the Congress, and shall not prevent any per-

son who may be holding the office of President, or acting as Presi-

dent, during the term within which this article becomes operative

from holding the office of President or acting as President during

the remainder of such term.

 

2. This article shall be inoperative unless it shall have been

ratified as an amendment to the Constitution by the legislatures of

three-fourths of the several States within seven years from the date

of its submission to the States by the Congress.

 

 

(Proposed by the Eightieth Congress in 1947 and became effective on February 26,

1951, having been ratified by thirty-six States.)

 

 

AMENDMENT XXIII

 

 

1. The District constituting the seat of Government of the United

States shall appoint in such manner as the Congress may direct:

A number of electors of President and Vice President equal to the

 

 

V: SUPREME LAW OF THE LAND, U.S. CONSTITUTION 155

 

 

whole number of Senators and Representatives in Congress to

which the District would be entitled if it were a State, but in no

event more than the least populous State; they shall be in addition

to those appointed by the States, but they shall be considered, for

the purposes of the election of President and Vice President, to be

electors appointed by a State; and they shall meet in the District

and perform such duties as provided by the twelfth article of

amendment.

 

2. The Congress shall have power to enforce this article by ap-

propriate legislation.

 

(Proposed by the Eighty-sixth Congress in June of 1960 and ratified by the 38th

State, March 29, 1961 and proclaimed a part of the Constitution, April 3, 1961.)

 

 

AMENDMENT XXIV

 

 

1. The right of citizens of the United States to vote in any

primary or other election for President or Vice President, for el-

ectors for President or Vice President, or for Senator or Representa-

tive in Congress, shall not be denied or abridged by the United

States or any State by reason of failure to pay any poll tax or other

tax.

 

2. The Congress shall have power to enforce this article by ap-

propriate legislaion.

 

(Proposed by the Eighty-seventh Congress, August 27, 1962 and ratified by the

38th State, January 23, 1964.)

 

 

AMENDMENT XXV

 

 

1. In case of the removal of the President from office or of his

death or resignation, the Vice President shall become President.

 

2. Whenever there is a vacancy in the office of the Vice Presi-

dent, the President shall nominate a Vice President who shall take

office upon confirmation by a majority vote of both Houses of

Congress.

 

3. Whenever the President transmits to the President pro tem-

pore of the Senate and the Speaker of the House of Representa-

tives his written declaration that he is unable to discharge the pow-

ers and duties of his office, and until he transmits to them a written

declaration to the contrary, such powers and duties shall be dis-

charged by the Vice President as Acting President.

 

4. Whenever the Vice President and a majority of either the

principal officers of the executive departments or of such other

body as Congress may by law provide, transmit to the President

pro tempore of the Senate and the Speaker of the House of Repre-

sentatives their written declaration that the President is unable to

discharge the powers and duties of his office, the Vice President

shall immediately assume the powers and duties of the office as

 

 

156 THE MIRACLE ON MAIN STREET

 

 

Acting President.

 

Thereafter, when the President transmits to the President pro

tempore of the Senate and the Speaker of the House of Representa-

tives his written declaration that no inability exists, he shall resume

the powers and duties of his office unless the Vice President and a

majority of either the principal officers of the executive department

or of such other body as Congress may by law provide, transmit

within four days to the President pro tempore of the Senate and

the Speaker of the House of Representatives their written declara-

tion that the President is unable to discharge the powers and duties

of his office. Thereupon Congress shall decide the issue, asembling

within forty-eight hours for that purpose if not in session. If the

Congress, within twenty-one days after receipt of the latter written

declaration, or, if Congress is not in session, within twenty-one

days after Congress is required to assemble, determines by two-

thirds vote of both Houses that the President is unable to discharge

the powers and duties of his office, the Vice President shall con-

tinue to discharge the same as Acting President; otherwise, the

President shall resume the powers and duties of his office.

 

 

(Submitted to the Legislatures of the fifty States July 6, 1965. Ratified by the 38th

State (Nevada) February 10, 1967.) :

 

 

AMENDMENT XXVI

 

 

1. The right of citizens of the United States, who are eighteen

years of age or older, to vote shall not be denied or abridged by the

United States or by any State on account of age.

 

2. The Congress shall have the power to enforce this article by

appropriate legislation.

 

(Proposed to the States by Congress on March 23, 1971 and ratification completed

June 30, 1971.)

 

 

V: SUPREME LAW OF THE LAND, U.S. CONSTITUTION 157

 

 

TUPPER SAUSSY

SEWANEE, TENNESSEE 37375

 

 

July 14, 1980

 

 

The Attorney General

 

of thé State of Tennessee

Capitol Building

Nashville, Tennessee

 

 

Dear Sir:

 

 

Iam attempting to determine the validity

of a judgment expressed in paper dollars, md

 

 

am in need of om opinion from your office:

 

 

Is Article I Section 10, United States

Constitution still binding on the states?

 

 

I thank you in advance for your prompt

 

 

consideration of this question.

 

 

Sincerely yours,

 

 

jCtaqer (bt04 Ley.

 

 

Tupper Ssussy

 

 

 

 

 

158

 

 

THE MIRACLE ON MAIN STREET

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

ATTORNEY GENERAL & REPORTER

 

 

CHIEF DEPUTY ATTORNEY GENERAL

C.HAYES COONEY

 

 

DEPUTY ATTORNEYS GENERAL

ROGERT E, KENDRICK

EVERETT H. FALK

 

DONALD S. CAULKINS

WILLIAM 8. HUBBARD

ROBERT B, LITTLETON

 

 

gyat

 

 

WILLIAM M, LEECH, JR.

 

 

WILLIAM J, HAYNES, JR.

 

 

ASSISTANT ATTORWEYS GENERAL

 

 

WELDON @. WHITE, JA.

MICHAEL E, TERRY

DAVID 5. WEED.

 

 

, of Geun, ae

- . 2 ROBERT A. GRUNOW

‘ #

 

 

KENNETH R, HERRELL

WILLIAM O, KELLY

 

vIMMY @. CREECY

 

HENRY E, HILOEBRAND, Ml

WILLIAM W, MUNT, I

ROBERT |. VOLLEY, UR.

CHARLES H. BARNETT

WILLIAM M. SARRICK

CLAUOIUS ¢. SMITH

ROBERT L. TUCKER

EDWIN M, WALKER

RICHARD 5, MAXWELL

ROBERT L, OLLANEY

 

 

 

 

 

OFFICE OF THE ATTORNEY GENERAL

450 JAMES ROBERTSON PARKWAY

 

 

NASHVILLE, TENNESSEE 37219

 

 

 

 

 

July 22, 1980

 

 

Mr. Tupper Saussy

Sewanee, Tenn. 37375

 

 

Dear Mr. Saussy:

 

 

I am responding to your letter of July 14, concerning

 

an opinion on the U.S. Constitution. I regretfully must

inform you that this office is prohibited by statute from

rendering legal opinions to private parties. We receive

several requests on this particular Article, and whether

it is binding on states, and the most I can offer is to

refer you to a private attorney.

 

 

I am sorry that we cannot respond, but as explained above,

the law does not allow us to. If I can be of any other

assistance, however, please do not hesitate to contact me.

 

 

Sincerely,

 

 

Mari MV. eye Ave

 

 

Sheri M. Tigue °

Administrative Assistant

 

 

AMELIA €, HENCHEY,

 

 

 

 

 

 

 

 

 

 

 

RICHARD L. STRADLEY

ATTORNEY AT LAW

POST OFFICE BOX 97

WALNUT GROVE, MISSISSIPPI 39189

 

 

August 27, 1980

 

 

Mr. F. Tupper Saussy

 

c/o Spencer Judd, Publishers

Box 143

 

Sewanee, Tennessee 37375

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Dear Mr. Saussy:

 

 

In response to your question "Is Article 1, §10 of the United

States Constitution, particularly the words 'No State shall ..

make any Thing but gold and silver Coin a Tender in Payment of

Debts . . .', still binding on a State?", the only lawful answer

is Yes.

 

 

Meant to "crush paper money" by unanimous consent of the

Constitutional Convention of 1787, this Section prohibits the

States from imposing upon the people a paper currency, paper money

or anything else other than gold and silver coin as a medium of

exchange in the discharge of debts. Since the Constitution can

be changed by amendment only, and since no amendment has changed

this Section, no federal action can excuse a State of this

prohibition.

 

 

The effect of this Section is thus:

 

 

If a paper dollar is delivered to, or received from a State-

authorized party without particular objection to its being an

unlawful tender under Article 1, §10, no Constitutional question

has arisen, and the payor/payee, in remaining silent, has re-

nounced his individual rights flowing from the Constitutional

prohibition.

 

 

Those rights are the following:

 

 

A. Discharge of the debt in gold or silver coin, if provided

for in the debt;

 

B. Dismissal or forgiveness of the debt altogether, if the

debt is not denominated in gold or silver coin, since any rule or

judgment repugnate to the Constitution is void, invalid, and with-

out effect.

 

As with other rights, the right to gold and silver coin, and

the right to be forgiven of any debt not denominated in same, are

ecnsidered waived unless properly and timely asserted.

 

 

Sincerely yours,

 

 

ichard L. Stradle

Attorney at Law

 

 

RLS /ss

 

 

 

 

 

 

 

 

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SPENCER JUDD, PUBLISHERS

P.O. Box 39

Sewanee, TN 37375

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Savannah, Georgia, in the early 19th century “not because of any

_Dream’,” he explains, “but because the people of the United State

created the world’s finest Constitution. The French know quality.”

The first Eldest Son in four generations not to become a professional law el

Saussy has taught school, dealt in gold and silver, won three Grammy

nations for his achievements as a pop composer and producer, o

_taurants, acted on the stage, and written and arranged the music for “An

Bryant’s Orange Juice network TV commercials. Living with his wife a

children on the Cumberland Plateau in Tennessee, overlooking De

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his next book.

 

 

“y ae this book.” “Tupper Saussy is especially blessed by

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SPENCER JUDD, PUBLISHERS

__SEWANEE, TENNESSEE 37375