Thursday, May 06, 2010

Articles of Freedom, part 12


This is a series of posts concerning the works of the 2009 Continental Congress. Two weeks ago I wrote about Article 10 of the Articles of Freedom, which was about our monetary policy. Now I will continue with Article 11, the text of which follows my comments.

I basically agree with everything in this article, but the point about people losing their money if they loaned it to the Federal Government is a tough call. I agree that it is now pretty obvious that if you made such a loan, most of the money would be spent illegally. But a person is not usually held responsible for what is done after a transaction is completed. It’s somewhat like penalizing gun manufacturers for murders committed by someone who bought their guns. (It’s the same principle, but not taken to the same degree.) I think other governments should be held to this standard, but I would be reluctant to apply it to individuals. On the other hand, the purchase of securities from the Federal Government by the Federal Reserve is, in and of itself, a fraudulent, unconstitutional, inequitable (grants favoritism to a particular group of individuals at the expense of the rest) transaction and should therefore be held to be null and void from the beginning as is indicated in this article.

ARTICLE 11.

PUBLIC DEBT AND ARTICLE 1 OF THE CONSTITUTION

A. BACKGROUND AND STATEMENT OF THE FACTS

WHEREAS, We, the Delegates, assembled as Continental Congress 2009, desire to express our deepest concerns relative to the uncontrolled and unconstitutional spending of Congress; and,

WHEREAS, irresponsible spending by Congress without regard to the Supreme Law of the Land is unconscionable;

This document presents our concerns over the accelerating accumulation of unconstitutional and uncontrolled public debt. Moreover, we demand the extinguishment of this monstrous mountain of debt, which has been created because of government officials' blatant disregard of their Oath of Office to uphold the Constitution and the principles of our American Republic. Due to their lack of understanding, most Americans are not knowledgeable about the Founding Principles of our Constitutional Republic. Congress continues to accumulate this heavy burden without regard to our Constitution. Therefore listen to the warning voices of our Founders on this critical subject.

“Indeed, we cannot too often inculcate upon you our desires, that all extraordinary grants and expensive measures may, upon all occasions, as much as possible, be avoided. The public money of this country is the toil and labor of the people… reasonable frugality ought to be observed. And we would recommend particularly, the strictest care and the utmost firmness to prevent all unconstitutional draughts upon the public treasury.” Instructions of Braintree, Massachusetts to their legislative Representative, 1765.



“As a very important source of strength and security, cherish public credit… use it as sparingly as possible… , avoiding likewise the accumulation of debt… in time of peace … discharging the debts which unavoidable wars may occasion, not ungenerously throwing upon posterity the burthen which we ourselves ought to bear.” George Washington, Farewell Address.

“Persuaded, as the Secretary is, that the proper funding of the present debt will render it a national blessing, yet he is so far from acceding to the position, in the latitude in which it is sometimes laid down, that “public debts are public benefits”—a position inviting to prodigality and liable to dangerous abuse—that he ardently wishes to see it incorporated as a fundamental maxim in the system of public credit of the United States, that the creation of debt should always be accompanied with the means of extinguishment. This he regards as the true secret for rendering public credit immortal.” Secretary of Treasury Alexander Hamilton, First Report on the Public Credit, 1790.

“The issuing power (of money) should be taken from the banks, and restored to the people to whom it properly belongs.” Thomas Jefferson.

Our Founding Fathers have sent us a message of warning over the centuries of continuing the present policy on public debt. Suffice it to say, we need to stop our overly burdensome, frivolous constitutional and/or unconstitutional spending now. In times of such severe debt, discretionary spending is unacceptable. Therefore we acknowledge that debt is a merciless master to which we will not submit.

Therefore, the Continental Congress 2009, recommends that within 60 days after the general recess of Continental Congress 2009, citizens be selected from the several States, thoroughly familiar with all the Constitutional Principles relevant to the validity of the public debt of the United States, to come together for the purpose of reviewing the validity of the public debt as authorized by law and for the purpose of preparing a comprehensive report of their findings. This report is to be completed within 120 days of the selection of the individuals. The citizens shall study, determine, and prepare a report with respect to which of the alleged “public debts of the United States” are void and/or voidable under two principles of law, namely:



(i) Under the doctrine of the Supreme Court’s decision in Craig v. Missouri, 29 U.S. (4 Peters) 410 (1830). All contracts, agreements, or other arrangements in which any part of the consideration consists or consisted of the emission of unconstitutional “bills of credit” through or under the auspices of any Federal Reserve Bank, “member bank”, or “depositary institution” within the Federal Reserve System are void ab initio and unenforceable in any court of the United States or of any State.



(ii) All alleged “public debts” of the United States, howsoever made and in whatever form, that have been incurred for the purpose of raising revenue to be expended from the general fund of the Treasury in payment of costs arising under a particular budget of the United States are void ab initio and unenforceable in any court of the United States or of any State in the same percentage that the unconstitutional programs, activities, or expenditures in that budget bear to the total programs, activities, or expenditures therein. Every lender must be presumed to know the constitutional limits on the expenditures of money the general government borrows, to the same extent that every official of that government knows those limits. So, if a lender extends a loan to public officials, knowing that his loan will be used for unconstitutional purposes, or with willful blindness to or reckless disregard of the unconstitutionality of those purposes, he is thereby a participant in a fraud against the American people. And for the repayment of such a loan, the American people cannot be held liable.

B. REMEDIAL INSTRUCTIONS TO CONGRESS

WHEREFORE, we, as a Body of Delegates constituting the Continental Congress 2009, hereby instruct our elected representatives to:

1. Cease unconstitutional spending; cease irresponsible spending;

2. Limit the spending to those items as enumerated in Article I, Section 8 or as otherwise specifically authorized by the Constitution;

3. Order the Federal Reserve to re-acquire all of its assets from all foreign banks including the IMF;

4. Order the Federal Reserve to transfer all said assets to the Treasury of the United States;

5. Hold the majority of its reserves in gold, silver or other metal classified as precious in a secure location within the borders of the contiguous forty-eight United States;

6. Repeal and Rescind legal tender laws and not interfere in any way with any private medium of exchange, private script or currency that may emerge;

7. Repudiate any and all public debt that has been unconstitutionally acquired;

8. Preclude the confiscation of any private ownership of gold or silver or any other precious metal (analogous to the confiscation of gold and silver by President Roosevelt, 1933);

9. Preclude the confiscation or prohibition of any private medium of exchange, private script or currency that may emerge;

10. Preclude the adoption of any laws, orders, or directives prohibiting the use of or any private medium of exchange, private script or currency that may emerge;

11. Unmask the deceptive practice of placing some authorizations /appropriations in a hidden off record account and direct specific accountability for all expenditure;

12. Tighter auditing of expenditures to preclude the unaccountable loss of untold billions of dollars;

13. Implement the immediate investigation of the loss of any funds and to begin the immediate prosecution of all persons suspected of involvement or association with the loss;

14. Repeal the Federal Reserve Act and all laws pertaining thereto; and

15. Do not enforce federal income tax withholding laws; rather, adopt legislation requiring that individuals provide any taxes due directly to the federal government.

Further, it is the consensus of the Delegates to Continental Congress 2009, that members of Congress have the inherent and moral responsibility to abide by its tenets, as attested to by their having signed the Oath or Affirmation of Office as required by the U.S. Constitution Art. II Sec. I, and Art. VI.

“Oaths in this country are as yet universally considered as sacred obligation, that which you have taken and so solemnly repeated on that venerable spot, is an ample pledge of your sincerity and devotion to your country and its government.” John Adams

In 1969, the Congress-approved national debt was 286 billion dollars. As a result of congressional irresponsibility, that debt has grown to over $12,100,000,000,000 (trillion), which means that every child born in this nation is instantly shackled with a debt of more than $39,000.00. This means that most families have an annual debt that far exceeds their income. (See chart below) Moreover, various authorities have suggested that the true “public debt” is over $106 trillion dollars. This larger amount represents the inclusion of unfunded liabilities, such as Social Security, prescription drugs, Medicare, off-records appropriations, and unconstitutional spending, etc.

Personal National Debt

Year

Debt

Population

Personal Debt

2020

24 Trillion*

342 Million

70,000

2008

12.1 Trillion

303 Million

40,000

2000

5 Trillion

281 Million

20,000

1980

908 Billion

226 Million

4,000

1969

286 Billion

179 Million

1,900

* This number was based on the best estimate available


C. REMEDIAL
INSTRUCTIONS TO EACH OF THE SEVERAL STATES

It is the belief of the Continental Congress 2009 that our States are being directly and indirectly impacted by the public debt created by Congress. The theft of our finances to pay for unconstitutional and irresponsible constitutional spending on the part of Congress impacts the economy of every individual. The uncontrollable spending by Congress effectively steals monies that could otherwise be used for personal growth by the citizens of the various States, thereby creating a welfare/socialist/fascist State, where the citizens look to Washington D.C. for every aspect of their lives.

When the States’ pattern their financial policies after the federal government, the result is an increase in taxes on the citizens, thereby exacerbating the People’s burdens. Therefore, we instruct the several States to:

1. Reassert their rights, expressed in the 10th Amendment to act autonomously;

2. Refuse to accept any Federal Reserve Notes;

3. Refuse to give to the federal government any funds that could be used for un-Constitutional spending.

D. RECOMMENDED CIVIC ACTIONS BY THE PEOPLE

The Delegates to Continental Congress hereby express our deepest concerns relative to the uncontrolled and unconstitutional spending of Congress and issue the following urgent notice to all American Citizens:

Our government has plunged us into debt through excessive and senseless spending. Repayment of the portion of this debt, that cannot be liquidated by sale or seizure of public property, or by other means, indicates that it will fall upon us in the form of taxes (including the hidden tax of inflation). In one way, or another, the wealth that is taxed is created by the labor of the people.

THEREFORE, we recommend to the people the following to begin the correction of our economy:

1. If your State has engaged in irresponsible spending resulting in a large public debt, we recommend that citizens instruct their government to cease those practices;

2. Increase our power to produce by increasing our education level; keep our eyes open for changing dynamics and look for new opportunities; learn and develop new crafts/skills; and learn how to create more value for more people;

3. Learn how to be self-reliant rather than government-dependent. Any benefit that the government provides to one individual must be taken from others;

4. Increase your savings by selling fiat currency and buying hard assets; eliminate all forms of personal debt.

5. Introduce the principles of barter and alternative media of exchange and educate your local community;

6. Businesses are encouraged to begin accepting gold or silver as a viable payment for commodity and service exchanges;

7. Work with local businesses to implement an alternative local bartering system or establish a local private medium of exchange;

8. Only vote for candidates for office who are true Constitutionalists and who are committed to reducing government spending and borrowing;

9. Encourage elected State officials to return to the gold and silver standard; pass “sound/honest” money legislation to provide a competing currency to the existing fiat currency;

10. Share the information contained in the Continental Congress 2009 documents with your State legislators, county and local officials, and the media.


Learn more about the subject matter of this Article. Read CONSTITUTION. Read the PETITION to the Federal Court regarding the unconstitutional $85 Billion bailout of AIG in 2008 and Decision. Read the PETITION to the Federal Court regarding the unconstitutional $700 Billion bailout of the U.S. Financial Industry in 2008 and Decision.

(from Articles of Freedom, the Works of the Continental Congress 2009)

Click here to read the next article in this series.

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