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Posts Tagged ‘Fourteenth Amendment’

Timothy F. Geithner, Under Secretary of the Tr...

In May, 2011, Treasury Secretary Timothy Geithner held up a pocket copy of the U.S. Constitution, and made the audacious claim that the Congressional debt limit is unconstitutional, citing Section 4 of the Fourteenth Amendment, which reads in part:

The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned.

The nerve of him to claim the federal debt limit is unconstitutional, since he was previously the head of the largest of the 12 privately-owned regional banks of the illegal and unconstitutional Federal Reserve System.

Despite the 1819 U.S. Supreme Court ruling in McCulloch v. Maryland, which effectively ruled that a private central bank is constitutional, a private central bank was regarded as unconstitutional by the Father of the Constitution, James Madison, and by Thomas Jefferson, and is unconstitutional by a plain reading of the Constitution, which states that Congress has the power to coin money.

I think most Americans would regard the delegation of Congress’ power to declare war to a private entity to be ridiculous, but what about delegating its power to coin money?

Not only is Timothy Geithner a hypocrite on one count, he’s also a hypocrite for previously threatening that Congress is going to have to raise the debt limit he now claims is unconstitutional.

He also showed his ignorance of U.S. monetary history in claiming that the U.S. meets its financial obligations, in failing to acknowledge that the U.S. ended the gold standard in 1933, and the gold exchange standard in 1971.

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Obverse of the Great Seal of the United States.

Some point to the United States Code (USC) to claim that the United States is a federal corporation, and not a union of states as described in the original Constitution.

From Title 28, Part VI, Chapter 176, Subchapter A, Section 3002 of the USC:

(15) “United States” means—
(A) a Federal corporation;
(B) an agency, department, commission, board, or other entity of the United States; or
(C) an instrumentality of the United States.

If you look at the context of that definition, it becomes clear that it’s not saying that the United States is a federal corporation, but rather, it’s referring to federal corporations incorporated by the United States.

At the beginning of the section, it says: “As used in this chapter:

Therefore, the reference to the “United States” as “a federal corporation” is only applicable to Title 28, Part VI, Chapter 176 of the United States Code.

Even within that limited context, it’s not referring to the United States as a federal corporation. If that was the intent, it would have been defined as “the United States, a Federal corporation.”

Looking at a different subchapter of the same chapter, namely, Subchapter D, Section 3306 (Remedies of the United States), (a):

(1) avoidance of the transfer or obligation to the extent necessary to satisfy the debt to the United States;

If the meaning of  “(A) a Federal corporation” is substituted, we get:

(1) avoidance of the transfer or obligation to the extent necessary to satisfy the debt to a Federal corporation.

Examples of United States federal corporations can be found here.

In my article, A Constitution for the United States of America or of the United States?, I show how the Founding Fathers who signed the Constitution drew no distinction between the two, despite the claim that the United States of America is a nation and the United States is a corporation.

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Constitutional Convention, 1787

The Preamble to the United States Constitution states:

We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

Note the use of “Constitution for the United States of America” and not “Constitution of the United States.

From the Fourteenth Amendment’s mention of “Constitution of the United States,” it is argued that the original intent of the Founding Fathers was subverted in referring to a Constitution of the United States as a single entity, as opposed to a Constitution for the United States of America as a union of sovereign independent states.

However, if you look at the context, it’s specifically referring to the oath of office taken by all officers and legislative members of the States, and all officers and Congressional members of the United States, which includes the President of the United States.

From the original Constitution, the presidential oath or affirmation of office is:

I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.

Therefore, it is clear from the Constitution that the Founding Fathers who signed it interchangeably referred to both a “Constitution for the United States of America” and a “Constitution of the United States,” without drawing any particular distinction between them.

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