Considerations related to
gold and silver money.
“No state shall…make any thing
but gold and silver coin a tender in payment of debts..,.” Article I, Section
10,
The above article has never been amended. Legislation cannot supersede, replace, or set aside the Constitution. Therefore this article is part of the supreme law of the land, as indicated in Article VI, Section 2: “This Constitution and the laws of the United States which shall be made in pursuance thereof. ..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.”
“...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....” Article VI, Section 3, U.S.Constitution
No public policy of a state can be allowed to override the positive guarantees of the Federal Constitution (l6Am Jur 2nd, 70). Any attempt to do that which is prescribed in the Constitution in any manner other than that prescribed, or to do that which is prohibited is repugnant to that supreme and paramount law and is invalid. (l6Am Jur 2nd, 82)
“The terms ‘lawful money’ and ‘lawful
money of the
Until 1963, a Federal Reserve Note carried the notation “This note is legal tender for all debts, public and private, and is redeemable in lawful money (emphasis added) at the United States Treasury, or at any Federal Reserve Bank.”
Since 1963, new Federal Reserve
Notes are not redeemable in lawful money. Residents of the
A “dollar” is described in the coinage act of 1792 as “the money of account of the United States,” and in later law is defined as 412.5grains of 90 percent fine silver, or 1/42 troy ounce of fine gold (31 USC 449),
The Federal Reserve Notes in our billfolds today are only “paper dollars.” They are not lawful money. No State shall make them tender in payment of debts,
Our citizens do not have available anything which is tender in payment of debts. Our public officials must immediately demand that Congress make lawful money available to us.