ext_154425 (![[identity profile]](https://www.dreamwidth.org/img/silk/identity/openid.png)
yahvah.livejournal.com) wrote in ![[community profile]](https://www.dreamwidth.org/img/silk/identity/community.png)
talkpolitics2010-02-09 07:28 pm
yahvah.livejournal.com) wrote in talkpolitics2010-02-09 07:28 pm
Entry tags:
(no subject)
1) If any state makes any thing a tender in payment of debts which isn't gold and silver coin, then that state has broken the supreme law of the land vis-a-vis Article one Section ten.
2) All fifty states make federal reserve notes a tender in payment of debts.
Therefore:
3) All fifty states have broken the supreme law of the land.
Some of you want to say the U.S. constitution is irrelevant, or the interpretation of the U.S. constitution is somehow fallacious. I'd like to point you to Cornell Law School's site. Notice how there's a hyperlink in section nine for the direct taxes clause, and the link takes you to the sixteenth amendment. The U.S. went through the amendment process to invalidate an original law of the constitution, but the Federal Reserve Act merely went through Congress and then to the President's desk. The exact same thing happens with the war on drugs. We amend the constitution to prohibit alcohol, but we don't amend the constitution to prohibit a less harmful drug like marijuana.
Where's the irrefutable logic which shows how the U.S. doesn't have to amend the constitution?
2) All fifty states make federal reserve notes a tender in payment of debts.
Therefore:
3) All fifty states have broken the supreme law of the land.
Some of you want to say the U.S. constitution is irrelevant, or the interpretation of the U.S. constitution is somehow fallacious. I'd like to point you to Cornell Law School's site. Notice how there's a hyperlink in section nine for the direct taxes clause, and the link takes you to the sixteenth amendment. The U.S. went through the amendment process to invalidate an original law of the constitution, but the Federal Reserve Act merely went through Congress and then to the President's desk. The exact same thing happens with the war on drugs. We amend the constitution to prohibit alcohol, but we don't amend the constitution to prohibit a less harmful drug like marijuana.
Where's the irrefutable logic which shows how the U.S. doesn't have to amend the constitution?
no subject
The clause to coin money must be read in connection with the prohibition upon the states to make anything but gold and silver coin a tender in payment of debts. The two taken to- [110 U.S. 421, 464] gether clearly show that the coins to be fabricated under the authority of the general government, and as such to be a legal tender for debts, are to be composed principally, if not entirely, of the metals of gold and silver. Coins of such metals are necessarily a legal tender to the amount of their respective values, without any legislative enactment, and the statute of the United States providing that they shall be such tender is only declaratory of their effect when offered in payment.
When the constitution says, therefore, that congress shall have the power to coin money, interpreting that clause with the prohibition upon the states, it says it shall have the power to make coins of the precious metals a legal tender, for that alone which is money can be a legal tender. If this be the true import of the language, nothing else can be made a legal tender.