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
When the pupil is ready
the teacher appears
1. A Caveat Against Injustice, Found-
ing Father Roger Sherman’s suppressed
masterpiece condemning paper money.
5.00.
2. The Miracle On Main Street, Fred-
erick Tupper Saussy’s bestselling book
on your guaranteed economic rights.
7.00.
3. A Plea For The Constitution, great
statesman George Bancroft’s 1886 plea
for Americans to reject a supreme Court
ruling favoring paper money. 5.00.
4. Greatest Hoax On Earth, Merrill
Jenkins’s complex book for those who
want to know everything about the
“dollar.” 10.00.
5. Documents IHlustrative of the For-
mation of the Union of the American
States. 1,000-plus pages of important
documents that make up your legal
heritage. Articles of Confederation,
Madison’s complete notes on the Con-
stitutional Convention, much more. Will
become your family’s second most-
beloved book. 25.00.
160
6. A Need To Be Free. Frank Turano’s
book on how to use the law to get school
authorities off your back so you can teach
your kids at home. 6.00.
7. Tupper Saussy’s exciting, MAIN
STREET JOURNAL. World’s only
monthly concerned with your economic
rights. Latest issue, 3.50.
8. Jefferson: The Magnificent Popu-
list. His writings on money and lots
more, edited with commentaries by
Dr. Martin Larson. 13.50.
9. A Declaration of Financial Inde-
pendence. National Commodity and
Barter Association Director John Grand-
bouche’s great new book on the making,
using, investing and safeguarding of
wealth. 7.95.
Send cash or money order to
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
Crockett’s stomping grounds, Saussy reads the law and nears epDIPISNS
his next book.
“y ae this book.” “Tupper Saussy is especially blessed by
S ; Holy Father with the ability to show the
Charles Riely, Lecturer; voeeaes ier on ae aan
Directors principles of the Constitution which can
The Arizona Caucus Club, America from the path of destruction. I
Meraeaizone everyone will enjoy THE MIRACLE O. M
STREET as Ihave!” Sie
Peggy Christensen,
: Constitutional Paralegal, —
“Excellent... Excellent, Excellent!’ author of Peggy's Book
Irwin A. Schiff, Financial analyst,
author of The Biggest Con.
“Just as all the truths of God's reality are basi- Power. Its course of action is fun! — :
cally simple once we let ourselves discover them, so Read it and try its recommendations. You'l
THE MIRACLE ON MAIN STREET reveals the Yourself more for doing so. And | yeMe childrer
beautiful but simple truth of how the individual in grandchildren will [one you for it!” — ee
America today can restore freedom. The book is free ob Gravis: Moderator =
_ from hatred, hostility, or revenge. It’s the positive, ‘First Universal Churc
_ loving nature of its answers that gives it its great Besson abs aoe oar
SPENCER JUDD, PUBLISHERS
__SEWANEE, TENNESSEE 37375
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