There are blogs and web pages all over the internet claiming that we are under martial law. How can we know for sure?
Certainly you won’t find a court or government agency that would ever admit it, if it were true. But we can get a good idea by simply looking at some real obvious clues.
Pull out one of the Federal Reserve Notes and look at it. On the note, you will see “This note is legal tender for all debts, public and private”.
If it is legal, then it must have some authorization by law. If it is to be used as tender for payment of debt, there should obviously be some law we can see that shows the full authorization. If you look through the US Constitution regarding legal tender, you will see Article 1, Section 10, which says that no state shall make anything but gold and silver coins tender for payment of debt. That is still in effect now.
If Federal Reserve Notes(FRNs) are legal tender, there should be some law overriding the provision of Article 1, Section 10. If you assumed it was your right to only use gold and silver coin as payment for all debt, would that be your right?
As recently as the 1960s, the Supreme Court ruled that “Where rights secured by the Constitution are involved, there can be no rule-making or legislation which would abrogate them”.(Miranda vs Arizona).
Anything that would abrogate such prohibition of the Constitution would have to take the form of a constitutional law or amendment. There is no such amendment. No legislation can alter it, so how can a FRN be legal tender for ALL debts, public and private?
Can it be a substitute in place of gold and silver? Not according to the constitution, in regard to states. Can there be any process within constitutional law in which it CAN be used in place of gold and silver?
Yes, and that place is found in Article 1, Section 8, in what is known as the “enclave clause”. In addition to Washington, DC, congress can “exercise exclusive legislation in all cases whatsoever…over all places purchased by the consent of the legislature of the state in which the same shall be, for the erection of forts, magazines, arsenals, dock-yards, and other needful buildings”.
IOW, the federal government can exercise exclusive legislation and jurisdiction over those territories which are officially assigned to it and those which are purchased by the consent of the states.
In those areas, and ONLY in those areas, can a Federal Reserve Note have exclusive jurisdiction as legal tender over all debts. Any place outside that, within a state, legal tender is recognized only as gold and silver.
Since those places listed in the enclave clause mention specifically military uses, then a Federal Reserve Note would be used entirely as military scrip. Its power to be accepted would be limited specifically to those places owned by the federal government. In the states, it would have to be convertible to gold and silver coins.
But what about the militia? Isn’t legal tender, paper money, acceptable in the militia? Only to the extent that the soldiers used in the militia are employed by the United States federal government.
Here is the law applicable to that:
“To provide for organizing, arming(the federal government must arm the militia),and disciplining, the militia, and for governing such part of them as may be employed in the service of the United States…”
How far does government power extend? Only to those who may be employed by the federal government. We can compare that to the enclave clause. As long as the soldiers of the militia are used for federal purposes, they “belong” to the federal government to the extent that they are employed for that purpose. They can be issued Federal Reserve Notes, but when their employment ceases, those notes are convertible to gold and silver, or they are not acceptable as tender.
Can this be changed by congress? No, because this is part of the “necessary and proper” powers of congress, and is directly associated with the Second Amendment:
“A well regulated militia, being necessary to the security of a free state…shall not be infringed.”
There is the word “necessary’ in connection with the N & P clause of Article 1, Section 8. The right of the people to keep and bear arms for the purpose of a well regulated militia, shall not be infringed. That amendment, by using the word “necessary”, becomes a limitation on the war-making powers of congress!
This means, quite simply, that if congress is to institute a standing army, according to constitutional provision, taxes to support that army are subject to congressional review, which means that all Federal Reserve Notes issued must be due to consideration for renewal every two years!
“But no appropriation of money to that use shall be for a longer term than two years…”
As to appropriations for a Navy, that is accepted, but Navies do not occupy territory. They are part of the protection of borders. Under Article 3, the judicial power extends to “all cases of admiralty and maritime jurisdiction…”, but congress can raise taxes for the Navy, and all necessary ands provided for national purposes can be paid in “legal tender” as determined by the federal government.
But in the courts, we see that the Supreme Court’s jurisdiction over states is limited very strictly. There is no jurisdiction given, in any degree, over the official tender which is to be accepted by the states. They are bound constitutionally to make only gold or silver coin as tender in payment of debt.
From this, we can only come to one logical conclusion: if you are accused and defend yourself in court, the court cannot charge you and expect payment in the form of Federal Reserve Notes. There is no jurisdiction given to the states to declare such a ruling. All courts in the states are subject to “due process” and due process is defined by Justice Joseph Story as COMMON LAW, not federal law. In fact, as Chief Justice John Marshall declared in “US vs Aaron Burr”, SCOTUS has no general jurisdiction over common law.
Guess what? Common law only recognizes gold and silver as tender for payment of debt.
If the court accepts payment in the form of Federal Reserve Notes, it is accepting what can only be termed military scrip, and we are not subject to military authority, except under martial law.