tailieunhanh - THB MONETARY POWERS AND DISABILITt'J!S OF THE UNITED STATES CONSTITUTION

Inflation is contemporary America's most pressing economic, social, and political problem. Reliable sources are available to describe the history of inflation in this and other soc ieties, to explain its cause of effects, and to indicate the 1/ pOlicies necessary to eradicate ·Unfortunately, the vast majority of the American people receives its information on this ~ubject, not from capable economists and historians, but instead from the electronic media -- the performance. of which draws into serious question the competence, if not the motives, 2/ of leading reporters and commentators | THÊ MONETARY POWERS AND DISABILITIES OF THE UNITED STATES CONSTITUTION A Study in Constitutional Law Prepared for the United States Gold Commission EDWIN VIEIRA JR. 12408 Greenhill Drive Silver Spring Maryland 20904 Member of the Bars of the State of Maryland and of the District of Columbia 8 February 1982 TABLE OF CONTENTS - Page INTRODUCTION. 1 ANALYSIS. 2 I. The monetary powers and disabilities in Anglo-American common law and in the Constitution . 2 A. The monetary powers and disabilities under English common law. 3 B. The monetary powers and disabilities of the States and the Continental Congress prior to ratification of the Constitution . 13 c. The monetary powers and disabilities in the Constitution. . 22 1. The purpose and policy of the monetary powers and disabilities . 27 2. Article I 10 cl. 1. 29 a. The several monetary disabilities of Article I 10 cl. 1. 30 b. What constitutes mak ing . a Tender under Article I 10 cl. 1. . 34 c. The absolute nature of Article I 10 cl. 1. 44 3. Article I 8 cl. a. The power To coin Money . 50 b. The power To regulate Value . 61 c. The disability to debase Money below the constitutional standard. 70 d. The power to declare Money a legal tender . 76 4. Article I 9 cl. 1 and the Seventh Amendment. . 81 a. The dollar in the Con- stitution. . . 81 b. Adoption of the dollar as the Money-Unit prior to ratification of the Constitution . . . 85 -i-