GoldandSilverEagles wrote:SteveSy, this is actually a very black and white, open and shut case, and as such, I going to keep this v-e-r-y simple. It is a complex case, but I'm going to state the basic foundation as to why I believe he broke federal law. Inasmuch as I agree with the idea of a company wanting to inject gold and silver coins and warehouse receipts 'legal tender' into the marketplace, I believe the prosecution has a fairly simple case to prove.
You are correct, gold and silver are legal to own, to buy and sell. However, it is not legal to transform them, "mint" them, into coins with the intent of introducing them into the marketplace as 'legal tender' to compete with FRN's and coins (legal tender) of the US.
Let's stop there because the entire premise of your argument is based on the fact that he was promoting his minted coins as legal tender. What evidence do you have to suggest this?
Furthermore, it is completely legal to confiscate peoples legal (private) property if said property was part of the criminal investigation. Look at people who make meth. A*lot of the crap used is legal to purchase, however, it all gets seized in a meth raid as evidence.
Meth is illegal unminted gold and silver bullion purchased or acquired legally isn't.
Now lets look at Art 1 Sec 8 Cl 5 of the Fed. Constitution...".The Congress shall have power...To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures.."
Now look at the Tenth Amendment: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."
So Congress was Constitutionally given the power to coin money and regulate it's value. I'm not being redundant, I'm establishing foundation. Since that power was delegated to them by the Constitution, the Tenth Amendment tells us that, by reasonable deduction, the power to coin money and to regulate it's value is not within the hands of "we the people".
Kind of right. They do have the constitutional power to coin money and regulate their money. However the constitution does not say no one else can coin money. More importantly the constitution clearly states State's can coin gold and silver so its obvious congress does not possess the sole authority to do so. Also, banks issued money for years prior to federal regulation and no one looked twice. Are you suggesting all of those banks or counties acted illegally for over a century?
"We the people", do not have the authority to coin money (legal tender), nor to regulate it's value, and simply put, that is why what Von Not Haus was doing is legally wrong. His **intent** was to put it into the marketplace as an alternative legal tender. The same goes for his warehouse receipts. It matters not how much they do or do not resemble FRN's. IMO that is immaterial.
Legal tender is just short for saying the government can create a law making its money legal tender for all debts. It can't make its money the only money legal for all debts. Again, the constitution clearly states this by stating State's must use only gold and silver in use of coins for debts.
BTW, you may disagree all you like, however that does not give you license to insult me for having a difference of opinion. I am not insulting your POV. Let's leave the insults out of the debate Steve.
I don't believe I insulted you....I just said you would need to be checked for retardation IF you believe LD's are counterfeit U.S. backed currency. Meaning they even look remotely the same. I stand by that because I know you are smarter than that.