The Federal War on Gold
by
Jacob G. Hornberger
by Jacob G. Hornberger
DIGG THIS
Given the rising
price of gold and the fact that federal spending is totally out
of control, the prospect of gold confiscation and criminalizing
the private ownership of gold by federal authorities inevitably
rears its ugly head.
There are
few things that federal big spenders hate more than gold. Why? Because
they know that, historically, gold has provided the best means by
which people could protect themselves against the ravages of a rapidly
depreciating currency.
The mainstream
press often uses the term inflation to describe rising
prices. Thats incorrect. Actually, when the general price
level is rising, thats a result of inflation, not inflation
itself. Inflation is the process by which governments print up the
money to pay for ever-increasing expenditures.
Why not instead
simply increase taxes on people in order to get the money to pay
for the soaring expenses? Theres an obvious reason: Taxes
make people angry at government officials. Its much easier
and safer to simply print the money because then most people have
absolutely no idea that the government is behind what is happening.
When prices
of commodities, goods, and services start rising in response to
the depreciating quality of the money, the average person is likely
to blame those in the private sector, such as oil companies, speculators,
and businessmen, for the woes.
Being unaware
of economic principles, people will even demand that federal officials
impose price controls and excess- profits taxes on the evil offenders,
a demand that the authorities are often willing to oblige.
Thats
why inflation has always been the best friend of big spenders in
government. Although clearly a fraudulent way to finance government
operations, history has proven that the possibility that such fraud
will be figured out by an ignorant and trusting citizenry is minute.
Money and the
Constitution
Such ignorance
and such trust in government did not characterize our American forefathers.
Having studied economics and monetary history and having experienced
the ravages of inflation firsthand with the Continental currency,
they decided to establish a monetary system based on gold and silver
coin rather than paper money.
They knew
that while the government could still debase the currency by clipping
a bit of each gold coin it received before putting the coins back
into circulation a process of plunder that governments used
before the printing press was invented that was a relatively
small danger, especially compared with paper money, which could
be expanded at will through the printing press.
A close reading
of the Constitution the document whose purpose was to protect
the American people from federal officials leaves little
room for doubt about the intentions of the Framers. As you read
the following excerpts from the Constitution, ask yourself: Did
the Framers intend for our country to have a monetary system based
on gold and silver coins or on paper money?
Article 1, Section 8:
The Congress shall have Power . . . To coin Money, regulate the
Value thereof, and of foreign Coin . . . ; To provide for the Punishment
of counterfeiting the Securities and current Coin of the United
States . . . .
Article 1, Section 10:
No State shall . . . coin Money; emit Bills of Credit; make any
Thing but gold and silver Coin a Tender in Payment of Debts....
The plain
meaning of those words can lead but to one conclusion: The Framers
rejected paper money in favor of money they could coin, which meant
gold and silver coins. And that, in fact, is what happened. From
the very inception of our nation and through most of the 1800s and
early 1900s, the American people used gold and silver coin as their
money.
While the
system wasnt perfect in that it still left the determination
of money under government control rather than the free market, there
were nevertheless two remarkable results of this system.
One, the gold
standard eliminated the power of federal officials to do what governments
had historically done to their citizenry plunder and loot
the people through the issuance of depreciating paper money.
Two, the gold
standard had an enormously positive effect on capital markets, which
was one of the major contributing factors for the tremendous economic
expansion and prosperity that characterized the United States through
most of the 19th and early 20th centuries.
Borrowing and
paper money
Among the
other powers given Congress in Article 1, Section 8, were the power
To lay and collect Taxes, Duties, Imposts and Excises . .
. . and the power To borrow Money on the credit of the
United States....
These two
powers were not inconsistent with a monetary system based on gold
and silver coin. People paid their taxes with their money, which
meant gold and silver coins. And if government wished to borrow
money from the citizenry, it would issue a promissory note or bill
promising to pay back the gold coin that it received from the lender.
But everyone understood that the actual money was the gold or silver
coins, not the promissory notes. The notes simply evidenced the
promise to repay the money.
Bills
of credit, which Article 1, Section 8, prohibited the states
from emitting, were commonly understood to be paper
money. That part of the Constitution expressly prohibited the states
from issuing paper money.
Why isnt
there a similar constitutional restriction for the federal government?
The answer lies in the overall philosophy of the Constitution. In
establishing the federal government, the Constitution made clear
that the governments powers were limited to those enumerated
in the Constitution. If a power wasnt enumerated, it was understood
that it could not be exercised.
Thus, the
relevant inquiry would be: Was the power to emit bills of credit
(that is, issue paper money) among the express powers granted to
Congress? The answer is no. The power that was given
was to coin money, something that most everyone would
concede is difficult to do out of paper. The power to regulate
the Value thereof simply meant that the Congress would have
the power, for example, to decide the exact weight and fineness
of metal that would go into a gold coin or a silver coin.
The paper
money of today still contains a hint of what it once represented
a promise to pay money, rather than money itself. Take a
dollar bill out of your billfold. Notice that at the top it states,
Federal Reserve Note. Why is it called a note?
Because it represents, somewhat perversely, what such a note once
constituted for our American ancestors a promise to pay something,
namely gold. Today, such notes are what is termed irredeemable
that is, they cannot be redeemed in gold or silver coin.
They are promises to pay nothing.
Thus, while
the federal government could borrow money (i.e., gold and silver)
from the private sector, its bills and notes evidencing the debt
did not and could not legally circulate as money.
However, there
was one type of paper money that began circulating in the late 1800s
and early 1900s, but it was totally different from promissory notes.
This paper money consisted of what were called gold certificates
and silver certificates. They worked like this: A person would deposit,
say, $5,000 in gold coins with the U.S. Treasury and receive in
return a certificate certifying that $5,000 had been deposited.
Thus, the certificate was in the nature of a warehouse receipt rather
than a loan. At first, the certificates were issued in the name
of the depositor. Over time, they began to be issued in the name
of bearer, which meant that the holder of the certificate
could transfer it to another person, who could then go to the Treasury,
present the certificate, and receive his gold.
A monetary
revolution
So how did
things change so dramatically? How did it come to be that the monetary
system of the United States is now based on irredeemable paper money?
Why are gold and silver coins and gold and silver certificates no
longer used as our countrys money? Given that there was never
a constitutional amendment changing Americas monetary system,
how did things change so radically?
The answer
lies with two presidents Abraham Lincoln and Franklin D.
Roosevelt. Their respective actions revolutionized our nations
monetary system. Their actions culminated in a monetary system that
has enabled federal authorities, decade after decade, to fraudulently
plunder and loot the American people, even to the point of denying
them the ideal means ownership of gold by which to
protect themselves from the federal governments immoral and
insidious monetary behavior.
Presidents
Abraham Lincoln and Franklin Roosevelt revolutionized the monetary
system of the United States and set the nation on the road of inflationary
plunder that has characterized other nations in history. The actions
of these two presidents also provide a textbook example for understanding
the animosity and antipathy that government officials historically
have had toward precious metals (i.e., gold and silver coin) as
a medium of exchange.
Through the
U.S. Constitution, the American people brought into existence one
of the soundest monetary systems in history. It wasnt perfect
in that it didnt provide for a free market in money, but,
by establishing gold and silver coin as the official money for the
United States, it did protect the American people from the inflationary
ravages of paper money.
Keep in mind,
first, that our American ancestors didnt trust government,
for they understood that the greatest threat to the liberty and
well-being of a citizenry lay with its own government.
Thus, while
the Constitution brought the federal government into existence,
it simultaneously limited its powers to those enumerated in the
document. If the power wasnt listed, it simply could not be
exercised, no matter how important the need, no matter how severe
the crisis or emergency. To make certain that government officials
got the message, soon after the Constitution was enacted several
amendments were added providing guarantees and expressly enumerating
fundamental rights that federal officials could not violate.
It bears repeating:
The Constitution was born from the severe distrust that our American
ancestors had for the federal government. They understood what people
throughout history had learned the hard way that more often
than not, people had lost their freedom at the hands of their own
government.
One of the
ways that our ancestors attempted to protect their freedom and property
from federal assault was through the establishment of a monetary
system based on precious metals, specifically gold and silver coin.
As students
of history, they understood the inflationary horrors that governments
all over the world had inflicted on their citizenry through the
issuance of paper money. Moreover, they themselves had experienced
the ravages of the Continental currency during the Revolutionary
War (Its not worth a Continental) and the inflationary
damage during the period of the Articles of Confederation, when
the states were free to issue paper money.
Thus, it is
not surprising that the Framers would establish a monetary system
based on gold and silver coin. They wanted to ensure that their
own government could not use the printing press to plunder and despoil
them through the issuance of paper money.
Lincolns
war loans
Then, along
came Lincoln.
In 1862, Congress
granted Lincolns request to issue $150 million in Treasury
notes to finance the war effort during the War Between the States.
In simple terms, the federal government was borrowing money, and
the money it was borrowing was the gold and silver coins that had
been established as the legal money under the Constitution.
The situation
would be comparable to a person who walked into a bank in 1862 and
asked to borrow $10,000. If the loan were granted, the customer
would sign a promissory note promising to pay the bank $10,000,
and the bank in turn would deliver $10,000 in gold coin to the customer.
When the note came due, the customer would be required to pay the
bank back $10,000 in gold coin and he would receive back his promissory
note with the notation Paid or Cancelled
on it.
To belabor
the obvious, the money was the gold coins. The note was a promise
to repay the money, not money itself.
The same principle
held true with respect to the Treasury notes authorized to be issued
by the Lincoln administration. Everyone understood that the notes
didnt constitute money but rather were a promise to pay back
money (i.e., gold coins) it received in exchange for the notes.
When the notes came due, the Treasury would have to repay the lender
in money that is, in gold coins.
Given that
the power to borrow money was among the powers that the Constitution
delegated to Congress, there was obviously nothing unconstitutional
about what Congress had done . . . except for one major factor that
ultimately formed the basis for one of the most revolutionary transformations
in American life: at the same time it authorized the issuance of
the Treasury notes, Congress provided that the notes would constitute
legal tender.
Lincolns
legal-tender law
What did legal
tender mean? It meant paper money. And it meant that for the
first time since the founding of the nation, Americans would be
required to accept the federal governments paper money as
a medium of exchange.
Why was that
important to Abraham Lincoln? Like so many other government officials
in history, Lincoln was resorting to the printing press inflation
to finance his war expenditures.
In 1862, Treasury
notes were trading at a deep discount relative to their face value.
For example, a note promising to pay $1,000 might fetch in the marketplace
only $500 because of the doubts that people had regarding the federal
governments ability to repay the loans in gold when they ultimately
came due.
In the absence
of the legal-tender law, even though the government could continue
borrowing money, people could still protect themselves from the
ravages of inflation by stipulating their contracts in gold coin.
The effect of the legal-tender law was to remove that protection
by requiring creditors to accept depreciated paper money in lieu
of gold and silver coin stipulated in the contract.
That was exactly
what happened to Henry Griswold and many other people. Prior to
the enactment of the legal-tender law, Griswold had lent $11,250
to Susan Hepburn. Obviously, both parties understood that when the
note came due Hepburn would be required to repay the debt in the
medium in which she had received the loan gold coin.
When the note
came due, however, Hepburn delivered to Griswold paper money
that is, U.S. Treasury notes that were the subject of the legal-tender
laws. Griswold objected because the notes, while nominally in the
sum of $11,250, were worth significantly less in the marketplace.
In other words,
what Hepburn effectively did was go into the marketplace and use,
say, $5,000 in gold coin to purchase $11,250 in Treasury notes and
then handed the notes to Griswold in payment of the debt. He refused
to accept the payment and instead demanded gold coin with a face
value of $11,250 plus interest owed.
The Supreme
Courts ruling
Hepburn
v. Griswold reached the U.S. Supreme Court in 1869, five
years after the war had ended. The Court ruled in favor of Griswold,
holding in a 4-3 decision that legal-tender laws violated the U.S.
Constitution.
The majority
opinion distinguished between money and notes to pay money:
There is a well-known law of currency, that notes or promises to
pay, unless made conveniently and promptly convertible into coin
at the will of the holder, can never, except under unusual and abnormal
conditions, be at par in circulation with coin. It is an equally
well-known law, that depreciation of notes must increase with the
increase of the quantity put in circulation and the diminution of
confidence in the ability or disposition to redeem. Their appreciation
follows the reversal of these conditions. No act making them a legal
tender can change materially the operation of these laws.
The Court
also explained that the power to coin money, which the Constitution
delegates to Congress, did not constitute a power to convert promissory
notes into money:
It is not doubted that the power to establish a standard of value
by which all other values may be measured, or, in other words, to
determine what shall be lawful money and a legal tender, is in its
nature, and of necessity, a governmental power. It is in all countries
exercised by the government. In the United States, so far as it
relates to the precious metals, it is vested in Congress by the
grant of the power to coin money. But can a power to impart these
qualities to notes, or promises to pay money, when offered in discharge
of pre-existing debts, be derived from the coinage power, or from
any other power expressly given?
It is certainly
not the same power as the power to coin money.
With the holding
in Griswold, the federal government was left with the power to borrow
to finance its operations but without the authority to force people
to accept its notes at face value for the payment of debts. Thus,
the American people could still protect themselves from a profligate
government by expressly providing that notes and contracts could
be repaid only in money (i.e., gold coin), not in federal promises
to repay money.
Overturning
Griswold
One year later,
however, the legal situation changed dramatically. President Ulysses
S. Grant, who had commanded Union forces during the war, appointed
two new justices to the Supreme Court who promptly joined the minority
in Griswold. In Knox
v. Lee, decided in 1879, the Supreme Court voted
to overturn the decision in Griswold and to uphold the constitutionality
of Lincolns legal-tender law.
The new majority
reasoned that the power to enact a legal-tender law was an implied
power that fell under the presidents war powers and the power
over monetary affairs that the Constitution had granted to Congress.
But as the
dissent pointed out, the implied-powers doctrine cannot be used
to create new powers. The war power, for example, entails the power
to pay for war expenditures but the means by which to pay for such
expenditures were limited to those enumerated in the Constitution,
i.e., through taxes and borrowing.
As the dissent
also emphasized, the congressional power over monetary affairs was
specifically limited to the coinage of money and did not extend
to the enactment of laws requiring people to accept federal promissory
notes in lieu of such money.
In a separate
dissenting opinion, Justice Stephen J. Field pointed out the obvious:
The power to coin money is, in my judgment, inconsistent
with and repugnant to the existence of a power to make anything
but coin a legal tender. To coin money is to mould metallic substances
having intrinsic value into certain forms convenient for commerce,
and to impress them with the stamp of the government indicating
their value. Coins are pieces of metal, of definite weight and value,
thus stamped by national authority. Such is the natural import of
the terms to coin money and coin; . . ..
... The power to coin money is, therefore, a power to fabricate
coins out of metal as money, and thus make them a legal tender for
their declared values as indicated by their stamp. If this be the
true import and meaning of the language used, it is difficult to
see how Congress can make the paper of the government a legal tender.
Field placed
the constitutional issue in a historical context:
The statesmen who framed the Constitution understood this principle
as well as it is understood in our day. They had seen in the experience
of the Revolutionary period the demoralizing tendency, the cruel
injustice, and the intolerable oppression of a paper currency not
convertible on demand into money, and forced into circulation by
legal tender provisions and penal enactments.
Field also
pointed out that the Constitution had not delegated to Congress
the power to impair private contracts.
With Knox
v. Lee the seeds were sown for a monetary revolution in American
life a revolution that would bring the inflationary plunder
and moral debauchery that have characterized nations throughout
history. The revolution began with Lincoln. But it would culminate
in one of most massive assaults on private property in U.S. history
President Franklin Roosevelts nullification of gold
clauses in contracts and his confiscation of gold from the American
people.
It is impossible
to overstate the significance of the Franklin Roosevelt administrations
confiscation of gold and its nullification of gold clauses in contracts.
It is one of the most sordid episodes in American history. To get
an accurate sense of Roosevelts actions, it would not be inappropriate
to compare what he did with the domestic economic policies of a
later 20th-century ruler, Cubas socialist president, Fidel
Castro.
On April 5,
1933, newly inaugurated President Roosevelt issued Executive Order
6102, which prohibited the hoarding of gold by U.S.
citizens. Americans were required to turn their gold holdings over
to the federal government at the prevailing price of $20.67 per
ounce.
Pursuant to
Roosevelts executive order, anyone caught violating the law
was subject to a federal felony conviction, 10 years confinement
in a federal penitentiary, and a $10,000 fine. Soon after the confiscation,
U.S. officials announced that the government would sell its gold
in international markets for $35 an ounce, thereby devaluing the
dollar by almost 70 percent and immediately earning
a potential profit of almost $15 an ounce on the gold it had confiscated.
Two months
later, Congress enacted legislation nullifying gold clauses in both
government and private contracts, thereby requiring creditors in
such contracts to accept devalued paper money in payment of such
contractual obligations, even though the contract itself stipulated
payment tied to gold.
Reflect for
a moment on the significance of what Roosevelt did. Gold coins and
gold bullion were private property, just like a persons automobile,
clothing, home, and food. On the mere command of the president of
the United States, federal authorities simply confiscated gold holdings
that were the private property of the American people and made it
a grave federal offense to own such property in the future.
The gold seizure
was no different in principle from Fidel Castros seizure of
homes and businesses more than 25 years later in Cuba, an episode
that U.S. officials still rail against while praising what Roosevelt
did. Sure, Roosevelt paid Americans more money for the gold he seized
than Castro paid Cubans and American companies for the property
he seized, but the principle was the same: the rulers in both Cuba
and the United States could appropriate peoples property at
their whim.
What was Roosevelts
justification for the gold seizure? He said that it was necessary
to battle the Great Depression. Now, think about that for a moment.
How in the world could the seizure of peoples gold relieve
the consequences of the Great Depression?
Lets
say that I have $10,000 in gold coin in my house. The Depression
hits. Prices plummet. Unemployment soars. How is my delivering my
gold to the federal government in return for depreciated paper money
going to relieve anyone elses distress?
No, the real
reason for Roosevelts gold seizure was twofold: First, he
seized peoples gold for the same reason that Castro later
seized peoples homes and businesses to enrich the coffers
of the federal government. Second, but more important, he did it
to prevent the American people from protecting themselves from the
onslaught of ever-depreciating paper money that he planned to use
to finance his ever-extravagant welfare-state programs.
Keep in mind
that the Framers had implemented a gold standard so that the American
people would be forever protected from the destructiveness of inflation.
It was the gold standard that is, the requirement that the
federal government redeem all its paper notes and bills in gold
that had operated as a restraint on governments ability
to print ever-increasing amounts of paper money. The gold standards
positive effect on capital markets was also one of the primary reasons
that the United States rather quickly became one of the most prosperous
nations in history.
With his seizure
of gold, Franklin Roosevelt revolutionized the monetary system of
the United States and without even the semblance of a constitutional
amendment. It is instructive to understand how he pulled this off
in a legal sense.
Roosevelts
rule by decree
In issuing
his executive order, Roosevelt relied on the Trading with the Enemy
Act, which had been passed in 1917 as part Americas war against
Germany in World War I. Yes, World War I, the infamous war that
was supposed to make the world safe for democracy! This temporary
emergency law, which should have expired with the end of the
war, had instead been left on the books through the 1930s. This
is the law that Roosevelt relied on in issuing his executive order
confiscating peoples gold.
Theres
another significant aspect to the executive order the issuance
of the order itself. That is, Congress did not enact a law expressly
authorizing the gold seizure. Instead it was accomplished simply
through a decree issued by the president.
What the Congress
had done is delegate its power to make certain laws to the president,
essentially vesting Roosevelt with dictatorial powers. In March
1933, Congress amended the Trading with the Enemy Act to vest the
president with the power to declare national emergencies
and then issue necessary decrees to deal with such emergencies,
including even setting criminal punishments.
It was a type
of executive power rule by decree that had characterized
dictatorships throughout history. Thus, it shouldnt surprise
anyone that one of Roosevelts biggest admirers was Adolf Hitler,
who was dealing with the Depression in Germany in much the same
way that Roosevelt was dealing with it in the United States. As
John Toland pointed out in his biography Adolf Hitler,
Hitler had genuine admiration for the decisive manner in which the
President had taken over the reins of government. I have sympathy
for Mr. Roosevelt, he told a correspondent for the New
York Times two months later, because he marches straight
toward his objectives over Congress, lobbies and bureaucracy.
Hitler went on to note that he was the sole leader in Europe who
expressed understanding of the methods and motives of President
Roosevelt.
Nullifying
the gold clauses
Roosevelt
and his Congress did not stop at seizing the gold of the American
people and making it illegal for them to protect themselves from
the ravages of inflation. They also nullified every clause in every
contract, both government and private, that tied the financial obligation
to gold.
How did these
gold clauses operate? Lets say a corporation issued a 100-year
bond for $20, promising to pay 3 percent interest. Any lender would
ask himself the obvious question, Why wouldnt this bond
be worthless in a hundred years because of inflation? To ensure
that that wouldnt happen, the note would contain a gold
clause which stipulated that the company had to repay the
bond, both principal and interest, in the same standard of gold
that existed at the issuance of the note.
So lets
say, for simplicitys sake, the $20 bond was issued in 1885,
with $20 equal to a one-ounce gold coin. Let also say that because
of inflation, when the bond became due 100 years later, it would
take $100 in paper notes and bills to buy one ounce of gold. With
the gold clause in the $20 bond, the debtor would have to pay the
creditor either a one-ounce gold coin or $100 in paper notes (plus
interest). With the gold clause nullified, all the debtor would
have to pay would be $20 in paper money (plus interest), even though
it would purchase only one-fifth of an ounce of gold at the time
of repayment.
Its
not difficult to imagine the adverse effect that Roosevelts
actions had on long-term capital markets.
The Supreme
Court
The constitutionality
of Roosevelts gold-confiscation decree was never addressed
by the U.S. Supreme Court. There were few federal prosecutions,
possibly because Roosevelt didnt want to take the chance that
the Supreme Court would declare his confiscation unconstitutional.
Better to simply let the lambs who were meekly complying with the
law continue filling the governments coffers with gold and
leave the ones who werent obeying the law alone.
The gold-clause
cases did reach the Supreme Court. Unfortunately, a majority of
the Court declared the nullification of the gold clauses in private
contracts to be a constitutional exercise of the presidents
power. While it declared the nullification of gold clauses in government
notes to be unconstitutional, the Court also held, in a twisted
form of logic, that the holders of government debt had suffered
no damage because gold was then illegal to own anyway.
The Supreme
Courts opinions in the gold-clause cases are worth reading.
(See Norman
v. Baltimore & O.R. Co.). The most persuasive arguments,
not surprisingly, were published by the dissenters McReynolds,
Sutherland, Van Devanter, and Butler, who often voted to declare
much of Roosevelts New Deal unconstitutional:
Just men regard repudiation and spoliation of citizens by their
sovereign with abhorrence; but we are asked to affirm that the Constitution
has granted power to accomplish both. No definite delegation of
such a power exists; and we cannot believe the farseeing framers,
who labored with hope of establishing justice and securing the blessings
of liberty, intended that the expected government should have authority
to annihilate its own obligations and destroy the very rights which
they were endeavoring to protect. Not only is there no permission
for such actions; they are inhibited. And no plenitude of words
can conform them to our charter....
Under the challenged statutes it is said the United States have
realized profits amounting to $2,800,000,000. But this assumes that
gain may be generated by legislative fiat. To such counterfeit profits
there would be no limit; with each new debasement of the dollar
they would expand. Two billions might be ballooned indefinitely
to twenty, thirty, or what you will.
Loss of reputation for honorable dealing will bring us unending
humiliation; the impending legal and moral chaos is appalling.
The aftermath
What was the
reaction of the American people to Roosevelts gold seizure?
By the 1930s, most of the United States had been under systems of
public (i.e., government) schooling for at least three decades.
After years of such indoctrination, even though Americans had not
yet become dependent on the federal governments welfare dole
that Roosevelt was initiating, most of them nevertheless now deferred
to the wisdom of federal officials to deal with such complicated
subjects as economics, depressions, and monetary policy.
Thus, when
Roosevelt issued his decree, it was not met with massive protests
and demonstrations but rather with the same degree of meekness and
submission that many (but certainly not all) of the Cuban people
would display when their homes and businesses were confiscated by
Castro several decades later.
The additional
value of the public-school indoctrination was that it effectively
immunized federal officials from having to bear responsibility for
the consequences of their own wrongful conduct. For when U.S. officials
announced that the 1929 stock-market crash and the resulting Great
Depression were all the fault of free enterprise and
that such things as the gold seizure and the New Deal were necessary
to save free enterprise, entire generations of public-schooled
Americans had no idea that they were being misled. If Americans
had known the truth that the stock-market crash and Great
Depression, along with all the financial devastation and unemployment
had actually been the fault of the Federal Reserve, there
would have been considerable anger, perhaps even violent revolts,
against the federal government.
In 1974 Congress
made it legal to own gold once again, providing Americans the means
to protect their wealth from the inflationary propensities of the
federal government.
Is there a
possibility, however, that federal officials could confiscate gold
again and make it illegal to own it? You bet your bottom gold dollar
there is. For one thing, the Trading with the Enemy Act is still
on the books and is still being used as the basis for presidential
decrees. For another, ever since the Roosevelt administration, federal
officials, assisted by the Federal Reserve, have never desisted
from issuing ever-growing quantities of paper money, an inflationary
process that has ravaged peoples savings. Finally, federal
officials hate gold because its rising price in the face of inflation
provides a public and an easily readable market message to the citizenry
that government officials are destroying the currency.
And make no
mistake about it. If another U.S. president issues a gold-confiscation
decree, it will be enforced violently and brutally by federal officials.
In the climate of the perpetual crisis known as the
war on terrorism, combined with an economic emergency,
it is not difficult to imagine that federal officials would conduct
warrantless raids on banks to search bank records and safety deposit
boxes and prosecute dangerous enemy combatants and terrorist
sympathizers who show they hate their country
by violating the law against the ownership of gold.
The ultimate
solution to this financial chaos, destruction, and morass lies in
sound money. The ideal is a free market in money, as the Nobel Prize-winning
economist Friedrich A. Hayek observed. The second-best solution
is the type of gold standard established by the Framers, where gold
and silver coin are the official money and where the federal government
is required to redeem all bills and notes in such money.
Both solutions
would necessarily entail the abolition of one of the most powerful
engines of financial destruction in American history the
Federal Reserve System as well as the repeal of all legal-tender
laws.
January
20, 2007
Jacob
Hornberger [send him mail]
is founder and president of The Future
of Freedom Foundation. He will be among the 22 speakers at FFF’s
upcoming conference on June 14 in Reston, Virginia: “Restoring
the Constitution: Foreign Policy and Civil Liberties.”
Copyright
© 2007 Future of Freedom Foundation
Jacob
Hornberger Archives
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