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Commonwealth of Virgina House Joint Resolution 557: ? Alternative money vs FRNs in the event of sys

It's not up on the General Assembly website yet, so I copied and pasted here from DGC blog, without commentary:

WHEREAS, the Supreme Court of the United States has ruled in In re Rahrer, 140 U.S. 545, 554 (1891), that “the police power” of a State “is a power originally and always belonging to the States, not surrendered by them to the general government, nor directly restrained by the Constitution of the United States, and essentially exclusive”; and

WHEREAS, the Supreme Court of the United States has ruled in Beer Company v. Massachusetts, 97 U.S. 25, 33 (1877), that the police power of the States “extend[s] to the protection of the lives, health, and property of the[ir] citizens, and to the preservation of good order”; and

WHEREAS, the protection of the lives, health, and property of Virginia’s citizens, and the preservation of good order in the Commonwealth, depend upon the maintenance of both an adequate system of governmental finance and a sound and robust private economy; and

WHEREAS, an adequate system of governmental finance and a sound and robust private economy cannot be maintained in the absence of a sound currency; and

WHEREAS, the present monetary and banking systems of the United States, centered around the Federal Reserve System, have come under ever-increasing strain during the last several years, and will be exposed to ever-increasing and predictably debilitating strain in the years to come; and

WHEREAS, many widely recognized experts predict the inevitable destruction of the Federal Reserve System’s currency through hyperinflation in the foreseeable future; and

WHEREAS, in the event of hyperinflation, depression, or other economic calamity related to the breakdown of the Federal Reserve System, for which the Commonwealth is not prepared, the Commonwealth’s governmental finances and Virginia’s private economy will be thrown into chaos, with gravely detrimental effects upon the lives, health, and property of Virginia’s citizens, and with consequences fatal to the preservation of good order throughout the Commonwealth; and

WHEREAS, Virginia can avoid or at least mitigate many of the economic, social, and political shocks to be expected to arise from hyperinflation, depression, or other economic calamity related to the breakdown of the Federal Reserve System only through the timely adoption of an alternative sound currency that the Commonwealth’s government and citizens may employ without delay in the event of the destruction of the Federal Reserve System’s currency; and

WHEREAS, “legal tender” denotes a currency that must be accepted in payment of a debt denominated in United States “dollars” if the parties have not stipulated that some alternative currency is to be used as their medium of payment or are not otherwise required to use such alternative currency; and

WHEREAS, the Federal Reserve System’s currency has been designated “legal tender” under color of Title 31, United States Code, Section 5103; and

WHEREAS, under Title 12, United States Code, § 411 and Title 31, United States Code, § 5118(b) and (c), the Federal Reserve System’s currency is not redeemable in gold or silver coin or the equivalent in bullion; and

WHEREAS, that the Federal Reserve System’s currency is not redeemable in gold or silver coin or the equivalent in bullion is being identified by more and more experts as a, if not the, major reason for the ever-increasing instability of the Federal Reserve System; and

WHEREAS, all gold and silver coins of the United States are designated “legal tender” under the aegis of Title 31, United States Code, §§ 5103 and 5112(h), and must be so designated perforce of Article I, Section 8, Clause 5 and Article I, Section 10, Clause 1 of the Constitution of the United States; and

WHEREAS, pursuant to Article I, Section 10, Clause 1 of and the Tenth Amendment to the Constitution of the United States, each State must make gold and silver coin a Tender in Payment of Debts; and

WHEREAS, the Supreme Court of the United States in Lane County v. Oregon, 74 U.S. (7 Wallace) 71, 76-78 (1869), and Hagar v. Reclamation District No. 108, 111 U.S. 701, 706 (1884), has ruled that the States may adopt whatever currency they desire for the purposes of performing their sovereign governmental functions, even to the extent of adopting gold and silver coin for those purposes while refusing to employ a currency not redeemable in gold or silver coin that Congress has designated “legal tender”; and

WHEREAS, “the police power” being the primary sovereign governmental function of every State, under Lane County and Hagar every State may adopt its own currency, consisting of gold or silver, or both, whenever necessary and proper to facilitate exercises of that power in aid of the general welfare of the State and its citizens; and

WHEREAS, under the aegis of Title 31, United States Code, § 5118(d)(2), and perforce of Article I, Section 8, Clause 5 and Article I, Section 10, Clause 1 of, and the Ninth and Tenth Amendments to, the Constitution of the United States, Americans may employ whatever currency they choose to stipulate as the medium for payment of their private debts, including gold or silver, or both, to the exclusion of a currency not redeemable in gold or silver that Congress may have designated “legal tender”; and

WHEREAS, under the aegis of Title 31, United States Code, § 5118(d)(2), and perforce of Article I, Section 8, Clause 5 and Article I, Section 10, Clause 1 of, and the Ninth and Tenth Amendments to, the Constitution of the United States, the citizens of Virginia may choose to employ as the medium for payment of their private debts whatever alternative currency, consisting of gold or silver, or both, that the Commonwealth may adopt in the exercise of “the police power”; and

WHEREAS, in light of the possible instability of the Federal Reserve System, proposals for states and their citizens to adopt an alternative currency consisting of gold or silver, or both, are receiving increasing attention throughout the United States, as evidenced by bills that have been or are being introduced in the legislatures of the States of Georgia, Indiana, Montana, New Hampshire, and South Carolina; and

WHEREAS, various systems of alternative currency employing gold or silver, or both, in the form of coin or its equivalent in bullion have already proved themselves in the free market, and could either be employed by the Commonwealth directly or be used as models for a new system created by the Commonwealth to meet Virginia’s unique needs; and

WHEREAS, the adoption of an alternative currency consisting of gold or silver, or both, would not destabilize the present monetary and banking systems, the Commonwealth’s governmental finances, or Virginia’s private economy, because it would not compel or commit the Commonwealth or her citizens to employ such alternative currency to the exclusion of the Federal Reserve System’s currency immediately, but would merely make the alternative currency available, and enable it to be used in competition with and preference to the Federal Reserve System’s currency, to the degree that the need for such use became apparent; and

WHEREAS, the United States Congress, the U.S. Department of the Treasury, and the Federal Reserve System have taken and are preparing to take no action to provide the United States with an alternative to the Federal Reserve System’s currency, in the likely event that the latter would be destroyed through hyperinflation; and

WHEREAS, because legislators in Virginia know or should know all of these facts; and because the General Assembly has the authority, the ability, and the duty to take timely action to deal with this situation without first seeking the approval of or assistance from Congress or any other state; and because the Constitution of Virginia provides, “That all power is vested in, and consequently derived from, the people, that magistrates are their trustees and servants, and at all times amenable to them”—for these reasons, the citizens of the Commonwealth will properly conclude that the members of the General Assembly will be primarily responsible if the Commonwealth is found to be without an alternative currency when the Federal Reserve System’s currency collapses in hyperinflation, or some other related economic calamity supervenes; now, therefore, be it

RESOLVED by the House of Delegates, the Senate concurring, That a joint subcommittee be appointed to study whether the Commonwealth should adopt a currency to serve as an alternative to the currency distributed by the Federal Reserve System in the event of a major breakdown of the Federal Reserve System.

The joint subcommittee shall consist of eight legislative members who shall be appointed as follows: five members of the House of Delegates to be appointed by the Speaker of the House of Delegates in accordance with the principles of proportional representation contained in the Rules of the House of Delegates and three members of the Senate to be appointed by the Senate Committee on Rules. The joint subcommittee shall elect a chairman and vice-chairman from among its membership.

In conducting its study, the joint subcommittee shall call or hear from such witnesses and take such other evidence as it deems appropriate and shall consider recommendations for legislation, with respect to the need, means, and schedule for establishing such an alternative currency.

Administrative staff support shall be provided by the Office of the Clerk of the House of Delegates. Legal, research, policy analysis, and other services as requested by the joint subcommittee shall be provided by the Division of Legislative Services. Technical assistance shall be provided by the Treasurer of the Commonwealth of Virginia and the Bureau of Financial Institutions of the State Corporation Commission. All other agencies of the Commonwealth shall provide assistance to the joint subcommittee for this study, upon request.

The joint subcommittee shall be limited to six meetings for the 2011 interim, and the direct costs of this study shall not exceed $12,000 without approval as set out in this resolution. Approval for unbudgeted nonmember-related expenses shall require the written authorization of the chairman of the joint subcommittee and the respective Clerk. If a companion joint resolution of the other chamber is agreed to, written authorization of both Clerks shall be required.

No recommendation of the joint subcommittee shall be adopted if a majority of the House members or a majority of the Senate members appointed to the joint subcommittee (i) vote against the recommendation and (ii) vote for the recommendation to fail notwithstanding the majority vote of the joint subcommittee.

The joint subcommittee shall complete its meetings by November 30, 2011, and the chairman shall submit to the Division of Legislative Automated Systems an executive summary of its findings and recommendations no later than the first day of the 2012 Regular Session of the General Assembly. The executive summary shall state that the joint subcommittee intends to submit to the General Assembly and the Governor a report of its findings and recommendations for publication as a House or Senate document and shall specify the date by which the report shall be submitted. The executive summary and the report shall be submitted as provided in the procedures of the Division of Legislative Automated Systems for the processing of legislative documents and reports, and shall be posted on the General Assembly’s website.

Implementation of this resolution is subject to subsequent approval and certification by the Joint Rules Committee. The Committee may approve or disapprove expenditures for this study, extend or delay the period for the conduct of the study, or authorize additional meetings during the 2011 interim.

edited title:

Do your best to avoid circular arguments, as it will help you reason better, because better reasoning is often a result of avoiding circular arguments.

Comments

  • InYHWHWeTrustInYHWHWeTrust Posts: 1,448 ✭✭✭
    I'm 99% confident our delegate will not be in favor of this--even studying the idea image but 100% he will be hearing from me image The Governor has chosen to not weigh in yet, and he has been asked in informal settings. There are other states offering similar resolutions.
    Do your best to avoid circular arguments, as it will help you reason better, because better reasoning is often a result of avoiding circular arguments.
  • CaptHenwayCaptHenway Posts: 32,119 ✭✭✭✭✭
    How many sponsors does this have?
    Numismatist. 50 year member ANA. Winner of four ANA Heath Literary Awards; three Wayte and Olga Raymond Literary Awards; Numismatist of the Year Award 2009, and Lifetime Achievement Award 2020. Winner numerous NLG Literary Awards.
  • zrlevinzrlevin Posts: 734 ✭✭✭
    Its unconstitutional and I'm pretty sure the House is not seriously considering it. Its just someone looking for attention.
    Zach


  • << <i>Its unconstitutional and I'm pretty sure the House is not seriously considering it. Its just someone looking for attention. >>




    What is unconstitutional about it? The proposal is a contingency plan in the event of a FED monetary system collapse......not a plan to replace the existing system.
  • zrlevinzrlevin Posts: 734 ✭✭✭
    From Article 1, Section 10:

    "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 Nobility."

    Virginia's interpretation of this portion is completely ludicrous.
    Zach
  • CaptHenwayCaptHenway Posts: 32,119 ✭✭✭✭✭


    << <i>From Article 1, Section 10:

    "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 Nobility."

    Virginia's interpretation of this portion is completely ludicrous. >>



    Again, how many people are behind this? Is this just a bill introduced by some well-meaning fool or a cynic seeking publicity? Don't blame Virginia just yet. We need more information.
    Numismatist. 50 year member ANA. Winner of four ANA Heath Literary Awards; three Wayte and Olga Raymond Literary Awards; Numismatist of the Year Award 2009, and Lifetime Achievement Award 2020. Winner numerous NLG Literary Awards.


  • << <i>From Article 1, Section 10:

    "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 Nobility."

    Virginia's interpretation of this portion is completely ludicrous. >>




    Who said they wanted to "coin" money? The definition of coining money is to take a metal and form it into a coin. The way I read it, the state is exploring the possible use of gold/silver to fill the void of FRN's should they collapse. It doesnt say anything about producing new currency/coin. I take it to mean they will explore the viability of using existing silver/gold coins to facilitate commerce.


  • << <i>From Article 1, Section 10:

    "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 Nobility."

    Virginia's interpretation of this portion is completely ludicrous. >>




    Sounds like what we currently have is unconstitutional according to

    << <i>"No State shall.....make any Thing but gold and silver Coin a Tender in Payment of Debts" >>




    Edited to add:

    I think it's great that some politicians recognize the possibility of future financial turmoil with the Federal Reserve and are taking appropriate actions to protect itself and its citizens if such an event occurs.




    "In the absence of the gold standard, there is no way to protect savings from confiscation through inflation [...] Gold stands in the way of this insidious process. It stands as a protector of property rights." - Alan Greenspan
  • gsa1fangsa1fan Posts: 5,566 ✭✭✭
    Scary, Virgina which is next door to Washington, DC is making plans for the collapse of the green back.
    Avid collector of GSA's.
  • fishcookerfishcooker Posts: 3,446 ✭✭

    Yeah, how is it constitutional to have coins that are not gold and silver?
  • roadrunnerroadrunner Posts: 28,303 ✭✭✭✭✭
    Its unconstitutional and I'm pretty sure the House is not seriously considering it. Its just someone looking for attention.

    Unconstitutional?

    The fiat money system and the FED are unconstitutional. There's nothing in the constitution that authorizes legal tender notes (FRN's) or the creation of the Federal Reserve.

    Article 1 section 10: No state shall....emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts.

    It would seem to me that what Virginia is suggesting is returning to true constitutional roots. Any 5th grader could read that and understand that only gold and silver are forms of constitutional money and every state in the Union is in non-compliance. If it were otherwise, the Federal Reserve Act or a constitutional ammendment should have removed those earlier statements.

    The Coinage Act of 1792 goes into detail in identifying only specified coinage as money. That act has not been repealed. If fiat or legal tender bills are authorized by the constitution please tell me where to go look. Taxes are indeed constitutional but if paid in gold and silver coin. When the Federal Reserve Act was created at least the world was still on a gold standard. By 1914 the gold standard was on the wane to enable spending to support the coming world war. The gold standard was never returned to its full pre-1913 status as real bills were never brought back into existence.

    The "greenbacks" issued starting in 1862 and retired in approx 1879 were the truly "scary" part. They followed the path of continental and confederate dollars. The current USDollar is 95% of the way there. Wouldn't be a bad thing to have a more sound monetary system where imaginery/inflationary gains aren't taxed.

    roadrunner
    Barbarous Relic No More, LSCC -GoldSeek--shadow stats--SafeHaven--321gold
  • CaptHenwayCaptHenway Posts: 32,119 ✭✭✭✭✭
    Here is the bill:

    link

    It has exactly one "Patron," and no co-sponsors. It has been referred to the rules committee, where it will die a slow and agonizing death from being ignored.

    Chill, folks.

    TD
    Numismatist. 50 year member ANA. Winner of four ANA Heath Literary Awards; three Wayte and Olga Raymond Literary Awards; Numismatist of the Year Award 2009, and Lifetime Achievement Award 2020. Winner numerous NLG Literary Awards.
  • InYHWHWeTrustInYHWHWeTrust Posts: 1,448 ✭✭✭


    << <i>Here is the bill:

    link

    It has exactly one "Patron," and no co-sponsors. It has been referred to the rules committee, where it will die a slow and agonizing death from being ignored.

    Chill, folks.

    TD >>



    Thank you for finding the information, Capt! Looks like the Lone Ranger will need some help from others if he wants our GA to investigate this possibility. I don't abuse my friends with email, so now is the time I will forward this to them to see if they will call their delegates/senators about this. Any other Virginians on the boards who feel likewise, please use your resources. What can it hurt to at least investigate the matter? And for a price tag of 8 to 9 oz of gold, it surely seems to be harmless.

    I'm certainly not lathered up about this, no need to chill here. Capt. did not specificially chime in but I gather you are not FOR studying the issue? Does allowing other media of exchange like gold/silver to compete with FRNs in the case of emergent situations cause some sort of problem? I know you are not from Virginia, I assume a Blackhawks fan is from IL, I doubt your state will dare to look into this. image

    I look at it like the Y2K thing; no one really knew ahead of time 100% (did they?), so what harm in studying the issue, hearing some alternative viewpoints, discussing the matter?

    And it's just a HR, not a bill. Virginia has 2nd and 10th amendment HR's on the books, but no legislation (no teeth); unlike Montana and I believe Tennessee which moved their resolutions into the legislative realm and passed. But nothing has come of these so far; no Federal test that I am aware of.

    If in this case it's schizophrenic crackpot with a good grasp of writing legalese (maybe one of our PM forumites), and garners little attention, it will be as Capt. says...

    But again, what's the harm in askin'? And if asked and studied, it's more than "I told ya so" if FED has lost control and systemic meltdown becomes reality. Proactive is the only way to even *possibly* do anything.

    Thanks again, for finding the sponsor.
    Do your best to avoid circular arguments, as it will help you reason better, because better reasoning is often a result of avoiding circular arguments.
  • CaptHenwayCaptHenway Posts: 32,119 ✭✭✭✭✭
    Many a pot has been cracked over this issue.......
    Numismatist. 50 year member ANA. Winner of four ANA Heath Literary Awards; three Wayte and Olga Raymond Literary Awards; Numismatist of the Year Award 2009, and Lifetime Achievement Award 2020. Winner numerous NLG Literary Awards.
  • EagleEyeEagleEye Posts: 7,677 ✭✭✭✭✭
    WHEREAS, that the Federal Reserve System’s currency is not redeemable in gold or silver coin or the equivalent in bullion is being identified by more and more experts as a, if not the, major reason for the ever-increasing instability of the Federal Reserve System; and


    The folks at APMEX will certainly exchange your Federal Reserve notes for bullion.
    Rick Snow, Eagle Eye Rare Coins, Inc.Check out my new web site:
  • InYHWHWeTrustInYHWHWeTrust Posts: 1,448 ✭✭✭


    << <i>At Least 10 States Have Introduced Gold Coins-As-Currency Bills >>



    Thanks for the link ttown!

    I apologize as I did not know this was old news; I don't recall Virginia (my residence) ever introducing this type of resolution before (and this just to study the issue, not to implement).

    I read that entire thread of comments as well,some of it pretty hastily, so I may have missed a good nugget. Some asbestos clothing recommended for the top portion, wow!

    What BillGreene articulates seems straightforward; the counterpoints seem to not get it ( a lot of red herrings offered), or just want to engage in polemics. Finding a counter-argument of substance for the negative was futile for me.

    Can someone here articulate some counter-argument(s) for any portion of these types of bills? (to come into Constitutional compliance, to have emergency back-up system in place, how does have competing currency to FRN affect the economy, etc)
    Do your best to avoid circular arguments, as it will help you reason better, because better reasoning is often a result of avoiding circular arguments.
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