Gloucester, VA FOIA Fraud?

Watch the above video all the way through if you can, it's about 4 hours long, but to make a long story short, we were at this meeting and we watched everything going on during the entire meeting.  Here is what we sent to Mr Chriscoe, Board of Supervisor member at large.

"Mr Chriscoe:  We are going to FIOA your text messages made and received during the BoS meeting.  We not only saw what you were doing, we also heard your phone going off numerous times.  Thought there was a policy passed last year that prohibited this.  Since it was done during a BoS meeting, it becomes BoS business.  May we suggest you refrain from this in the future?"

A response from Mr Chriscoe;

My phone did not go off during the meeting.  I did receive a text during the meeting, not pertaining to county business.  I also used my phone as a calculator during a portion of the meeting.  I do not send texts during meetings of any kind they are sent automatically by the meeting setting on my phone.

Thank you for the interest in what I do.  Sorry to disappoint.

Regards,

Ashley Chriscoe

Board of Supervisors

Our Response;

" All we can do is go by what we see and hear.  Your phone seemed to have beeped numerous times during the meeting.  Also, your claim that you were making calculations is of concern as you did not bring up any numbers during the meeting that would release you of such a claim.  May we point out that appearance should always be a concern that must be taken into consideration at all times during a Board meeting.  Also, conversations with numerous people after the meeting, the consensus was unanimous, that the appearance was you were texting during the meeting.  

  We are not trying to be offensive to you.  We are showing you what we are seeing and are simply asking for transparency.  Please go back and review the meeting video and take an honest look at yourself and ask what it is that everyone else is seeing."

Again Mr Chriscoe Responds;

" I understand your point.  My harshest critic watches all of the meetings.  And at no time did my mom say anything about my phone.  She says I am an on it all the time and she made no mention of it.  I do keep my phone silenced and if I do get a text I get a green light that blinks.  My mother is a widow and I have two kids at home.  If something happens to one of them someone can always get a hold of me.  At our next meeting if you are there I will show you the feature I use so that the phone does not vibrate or make a sound.  I apologize if it looked like I was using my phone. 

I did have to use my iPad during the meting because the laptop on the counter quit working prior to the meeting.  

Thanks for watching.  Keep pointing these things out.  They are helpful.

Regards,

Ashley Chriscoe

Board of Supervisors"

There is an old saying that we have adopted here.  Trust but verify.  So as we stated, we did a FOIA request for any and all text messages.  It went like this.

"Hello Christie;

  Attached is a PDF formal FOIA request for information regarding any and all text messages sent and or received by Ashley Chriscoe during the July 1st, 2014 Board of Supervisor's meeting between the hours of 7:00 PM and 11:00 PM.  As always, thank you for everything that you do."

The response back from Christie Lewis is as follows.

I am in receipt of your attached FOIA request as emailed and received on Tuesday, July 8, 2014 for “ digital copies of any and all text messages of Ashley Chriscoe during the July 1st, 2014 Board of Supervisor's meeting between the hours of 7:00 p.m. and 11:00 p.m.” 

Mr. Chriscoe has indicated that he reviewed all text messages and only one text message was received and one was sent through automatic response during the timeframe specified.  These texts were not related to public business and do not constitute public records as defined under “Public Records” in the Code of Virginia § 2.2-3701.

FOIA provisions allow a locality to charge a reasonable fee to access and search for requested records.  Total time being charged for this request is 45 minutes at a rate of $15 per hour for a total charge of $11.25.  Please remit payment by check made payable to the “County of Gloucester” for the total amount and mail to Gloucester Community Education, P.O. Box 1306, Gloucester, VA 23061 or you may bring payment in person to our office.  We ask that you call ahead to 693-5730 to ensure staff is available to receive payment.  We are unable to make change, so we ask to please bring the exact amount if paying in person.

Please let me know if I can be of further assistance to you.

Regards,

Christi Lewis

Community Education Director

804-693-5730

We asked for a justification of the above expense as Mr Chriscoe had already went through his text messages prior to the request.  How can he have possibly spent one hour once again reviewing his messages and why would it take anyone so long?  Also, let's look at the facts.  Christie Lewis only asked Mr Chriscoe for any digital copies of any text messages that he may have sent or received during the time frame in question.  She did not search any phone records to verify anything.  She simply asked him for any records.  So we have no idea whether or not he is even telling the truth.  

  Second.  Christie Lewis asks Mr Chriscoe how much time he spent searching his phone records and just goes along with that.  No verification on time spent here either and all this after Mr Chriscoe already told me the same story prior to the FOIA request.  Does anyone wonder why we question the integrity of local government officials?  Here is more of the conversation.

Another email to us from Christie Lewis;

"Mr. Chriscoe indicated he spent approximately one hour reviewing and responding to your request.  The county guideline is to provide a courtesy 15 minutes of response time so we billed for 45 minutes at the clerical rate of $15 per hour."

Our response to this is as follows:

"Please ask Mr Chriscoe to justify his time spent going through his cell phone for one hour after having already provided information on such prior to said request."

Again, we were at the meeting and kept hearing cell phone tones that would indicate a message came in on someone's phone during the meeting and it was coming from the front of the meeting room.  Mr Chriscoe had his head down and looking at something in front of him throughout a great deal of the 4 hour meeting.  It looked as though he was in fact texting.  We tried to work with county officials to clear all of this up, but there has been no response to us from the last email we sent asking Mr Chriscoe to justify his time spent looking through his cell phone messages or was that possibly deleting his cell phone messages?  We are presently looking into potential fraud on this.  This is not what we expect nor is it what anyone should expect of any county officials at any time.  It's disgraceful.  

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Gloucester, VA What Glo-Quips Didn't Tell You, July, 2014

If you caught this paper or if you missed it, there is a good deal you were not told about the story.  So we are going to fill in the holes for you.

Here is the crux of the story.

 Sec. 3-18. Animals in enclosed vehicles.permanent link to this piece of content

(a)

It shall be unlawful to leave any animal in a vehicle without the benefit of air conditioning when the outside temperature reaches eighty (80) degrees fahrenheit or greater.

(b)

Any person who confines an animal in an unattended vehicle so as to cause the animal to suffer from heat stress, shall be guilty of a Class 1 misdemeanor. The animal control officer or other officer shall have the authority to remove any animal found in an enclosed vehicle that appears to be suffering from heat stress. The animal shall be provided immediate veterinary care. The animal owner or custodian shall be responsible for all expenses incurred during the removal of the animal or its subsequent treatment and impoundment.

(c)

In the event that the person responsible for the violation cannot be ascertained, the registered owner of the vehicle, as required by Chapter 6 of Title 46.2 of the Code of Virginia, shall constitute in evidence a prima facie presumption that such registered owner was the person who committed the violation.

(Ord. of 7-1-2008(1), § (2); Ord. of 2-5-2013(1))

That's the entire story inside the paper.  It came out after we brought up the following with a number of county officials.

Gloucester Animal Control In Violation of Ordinances? from Chuck Thompson

Now what is interesting here is that a local ordinance can not supersede state code nor Federal Laws.  According to everything we have looked up, neither the local government nor the state government can regulate vehicle manufacturers and what is required in a vehicle.  So we see Gloucester thinks it can supersede state and Federal rules?

Here is a copy of an email we sent to the Sheriff's department.

 Greetings;

  We want to help.  Since we can not find any State codes that are equal to Gloucester County AC Section 3-18, we have started a campaign to help get this to both the State and Federal Government.  We have contacted the State Attorney General asking him to look into getting state codes created to fall into compliance with our county ordinance.  We have also contacted Congressman Rob Wittman and Senator Mark Warner as well as President Obama asking that they get together and create laws to get into compliance with Gloucester County.

The following is exactly what we sent out to the above;

Greetings (Addressed to the person in question);

  I am wondering why I am unable to find a state code or Federal Law that is in compliance with a Gloucester County, Virginia Ordinance, Animal Control Ordinance 3-18.

 Sec. 3-18. Animals in enclosed vehicles.permanent link to this piece of content

(a)

It shall be unlawful to leave any animal in a vehicle without the benefit of air conditioning when the outside temperature reaches eighty (80) degrees fahrenheit or greater.

(b)

Any person who confines an animal in an unattended vehicle so as to cause the animal to suffer from heat stress, shall be guilty of a Class 1 misdemeanor. The animal control officer or other officer shall have the authority to remove any animal found in an enclosed vehicle that appears to be suffering from heat stress. The animal shall be provided immediate veterinary care. The animal owner or custodian shall be responsible for all expenses incurred during the removal of the animal or its subsequent treatment and impoundment.

(c)

In the event that the person responsible for the violation cannot be ascertained, the registered owner of the vehicle, as required by Chapter 6 of Title 46.2 of the Code of Virginia, shall constitute in evidence a prima facie presumption that such registered owner was the person who committed the violation.

(Ord. of 7-1-2008(1), § (2); Ord. of 2-5-2013(1))

  I am asking that the state of Virginia and Federal Government work together and please look into this and get into compliance with Gloucester County, VA ordinance 3-18.  Municode Link is https://library.municode.com/index.aspx?clientID=10843&stateID=46&statename=Virginia

  To show how the state and Federal Government is in fact out of compliance with local ordinance.

Now to offer some more ideas, we are working on building an email campaign to send to all of the vehicle manufacturers demanding that all vehicles sold in the USA and Canada now be equipped with Air Conditioning as it is unknown if any of those vehicles will ever come through Gloucester County transporting an animal during temperatures above 80 Degrees and we do not need people committing criminal acts in this county.

  We see several opportunities for generating revenue from this that we would like to share with you.  

1.)  We would recommend that deputies now go throughout the county, to each car lot and or anyone who is selling a vehicle and make sure that the vehicle has a working air conditioner.  If it does not, then a fine should be imposed on the seller for each violation and the vehicle should be removed from future sale until it meets compliance.

2.)  Meeting this compliance may cause some people undue burdens, so we are also recommending selling a mandatory county decal that creates a statement from the owner that the vehicle does not have air conditioning and thus will never be used for transporting animals at anytime where temperatures meet or exceed 80 degrees.  Even if the purchaser does not own an animal, this decal should still be made mandatory as one never knows when they will be called on to transport any animal from a neighbor, friend or road emergency.  This would take care of any issues from 1 above.

We also believe that people should be prosecuted for violations to this county ordinance.  We would like to suggest that the Sheriff's office please start with 4 people we know who are violating this policy right now.  Gloucester Animal Control has 4 trucks in violation of this code right now and these criminals need to be made examples of.

Please forward a copy of this email to Sheriff Darrell Warren.

If you have any comments, suggestions or more ideas, please do not hesitate to contact us.  We are more than happy to help with this vital issue.

We sent out emails last night and have already heard from Senator Mark Warner.  His email is as follows.

I appreciate the trust and confidence you have shown in me by contacting me with your letter in which you requested my assistance with your question regarding federal codes protecting animals. 

In an effort to be of assistance to you, I have referred your letter to the Congressional Research Service (CRS). I will promptly forward any information I may receive from CRS to you.

My staff and I stand ready to be of assistance in any other matter that is of concern to you.

Sincerely,
MARK R. WARNER
United States Senator

All we can say at this point is that if the county government is going to make up it's own ordinances, it better be prepared for the consequences that go along with them.  We will keep you up to date with this story as it progresses.  

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Undermining The Constitution A HISTORY OF LAWLESS GOVERNMENT (Part 9)

Battle of the Hook, 2013 (Photo credit: Battleofthehook)

By Thomas James Norton

IN MAY, 1933, CONGRESS, BY THE AGRICULTURAL ADJUSTMENT ACT, UNLAWFULLY PERMITTED THE PRESIDENT TO REDUCE THE GOLD CONTENT OF THE STANDARD DOLLAR

It was well settled law (293 U. S. 388) that the power conferred on Congress by the Constitution cannot be delegated to another Department. That principle of the law of Agency was found by Bryce to be the best conception of the Constitutional Convention.
Yet the Legislative Department authorized the President, by a Senate amendment to the House Agricultural Adjustment bill, to reduce the content of the gold dollar, but not below 50 per cent. In 1936 the Agricultural Adjustment Act was held (297 U. S. 1) unconstitutional for taking money from one class for the benefit of another. But in the meantime the President had acted on the Senate amendment and cut the gold dollar.
Among the powers conferred on Congress by the Constitution is that "to coin Money, regulate the Value thereof, and of foreign Coin." At the time the Constitution was written there was much coin of other nations in circulation in America. The Spanish silver dollar was the coin of first importance. By the language quoted, recognition was given to the fact that governments had found it necessary

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to change the content of their standard coins, a course which conditions might make necessary in the New World.
President given no authority over money
But all the authority given by the Constitution was conferred, as the language quoted puts beyond question, on Congress alone. Neither in Article I, creating the Legislative Department, nor in Article II, establishing the Executive Department, is there even an intimation that the President should have anything to do with regulating the value of money. That is to say, the power was withheld from him. For another elementary rule of interpretation is that what is not granted is prohibited.
With the authority to regulate the value of coin limited by the Constitution to Congress, the President was, nevertheless, directed (or, what is more probable, allowed) by Congress to perform its task of fixing the value of the dollar. It was for Congress to determine whether the content of the dollar should be changed and, if so, to change it.
Constitutional power cannot be delegated
Delegation of administrative powers to fact-finding bodies which are guided, not by their own will or judgment, but by the specifications and limitations in the Acts of Congress creating them, has been common. The Federal Trade Commission, the Board of Tax Appeals, and many other agencies have been set up to relieve Congress of details not legislative .
But "the Congress, manifestly, is not permitted to abdicate, or transfer to others, the essential legislative functions with which it is invested," said the Supreme Court (293 U. S. 388) in 1934. (Italics inserted.) It pointed out

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the settled practice that Congress, in the act of delegating administrative powers, must declare a policy, establish a standard, and lay down a rule for its agent to follow in executing the Congressional (not its own) will.
In passing to the President an "essential legislative function," not a merely administrative function, second to none conferred by the Constitution on it, Congress did not itself, so far as the Act and the Joint Resolution show, determine anything -- except that the Chief Executive might use his own judgment within a very wide range.
Here began the course of unconstitutional conduct by Congress which brought upon it and its successors the epithet of "rubber stamp."
The beginning of "directives" by the President
So, on January 31, 1934, the President "directed" that the standard gold dollar be reduced from 25.8 grains to 15-5/21 (15.238) grains.
On March 9, 1933, Congress had passed the Emergency Banking Relief Bill, which authorized the Secretary of the Treasury to require all persons to deliver to the Treasurer of the United States "any and all gold coin, gold bullion, and gold certificates" owned by them, and to accept therefor "an equivalent amount of any other form of coin or currency."
Here began the practice of the President and his rubber-stamp Congress of declaring an "emergency" when it seemed desirable to seize power not granted by the Constitution.
But "emergency does not create power," wrote Chief Justice Hughes (1934) in an opinion (290 U. S. 398) sustaining a law of Minnesota (1933) which extended the

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time for an owner of property to redeem it after sale under foreclosure of mortgage.
Congress repudiated its contract with the people
By a Joint Resolution of June 5, 1933, Congress proclaimed that the promises of the United States in the law under which the Second, Third, and Fourth Liberty Bonds were issued "are hereby repealed" so far as they pledged any payment except "dollar for dollar in any coin or currency which at the time is legal tender." The United States had borrowed money of the people for carrying on World War I and had issued bonds therefor payable as to both principal and interest "in the United States gold coin of the present [1918] standard of value." That is, in dollars containing 25.8 grains of gold nine-tenths fine.
The vastness of the debt repudiated
Just before this legislation, in 1932, the interest-bearing debt of the Nation was $19,161,273,540.^[1]
At that time the States had submerged themselves in an interest-bearing debt of $17,589,515,000.^[2]
Thus, the two governments of the American had loaded him in a time of peace with a burden of $36,750,788,540.
On the National Debt he was paying a yearly interest of $599,276,631, and the debt of his States cost him yearly in interest $527,685,450.
His interest load for the two debts was $1,126,962,081 per year, or $155,399,491 more than the National Debt the year before we entered World War I.
1. Report Secretary of Treasury, p. 405.
2. Financial Statistics States, pp. 52, 64.

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National and State governments had agreed with those who lent to them $36,750,788,540 to pay in dollars containing 25.8 grains gold. They had likewise promised to pay in such dollars yearly in interest $1,126,962,081.
But the governments would henceforward measure their debt to those who had lent money to them in time of need by a dollar containing 15-5/21 grains of gold instead of the promised dollar of 25.8 grains. Nor, as before said, would their creditors, under the decision of the Supreme Court, to be noticed presently, get the lesser gold dollar. They would be obliged to take paper money. Neither would they, the Supreme Court held, be entitled to enough additional paper money to compensate for the difference between the dollar lent and the dollar paid back.
The "profits" to governments from repudiation
The measure of value by which debtor and creditor had contracted was cut down not quite 41 per cent. If the debts of the Nation and the States just before given were to be cut down 40 per cent the debtor governments would gain over 15.7 billion dollars; and, of course, the people from whom they borrowed would be out of pocket that much, only a little less than the National Debt amounted to in 1931 after Secretary Mellon, by wise management, had reduced it almost 9 billion from the World War I peak of 25 billion, 234 million.
In like manner, all the other debtors in the United States, those not holding bonds or other obligations of Government, would receive in the depleted dollar from their creditors a forced forgiveness of 40 per cent of their debts.
That this was the effect of the performance was ad-

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mitted of record by the Secretary of the Treasury in the report for the fiscal year ending June 30, 1946, where (p. 364), under receipts of money, there was entered "increment resulting from devaluation of gold dollar, $2,811,375,756." Whether that amount was allocated to 1946, or to all the years up to that time, does not appear; but the "clip" on all the bonds of the United States outstanding was $7,760,315,773.
Chief Justice Marshall on honor in government
On the action of the Government in favoring debtors -- and most of all itself and the States -- by clipping the dollar 40 per cent, in one of the opinions of Chief Justice Marshall this is to be found:
"It may well be doubted whether the nature of society and of Government does not prescribe some limits to the legislative power; and, if any be prescribed, where are they to be found if the property of an individual, fairly and honestly acquired, may be seized without compensation."^[3]
Hamilton on inviolability of governmental contracts
Long before that, Alexander Hamilton, who was Secretary of the Treasury in the Cabinet of Washington, stated with his characteristic clarity and force the position of a contracting Government, as ours was a contracting Government when it borrowed money from the people and promised to pay in dollars containing 25.8 grains of gold:
"When a government enters into a contract with an in-
3. Fletcher v. Peck, 6 Cranch. 87, 135.

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dividual, it deposes, as to the matter of the contract, its constitutional authority, and exchanges the character of legislator for that of a moral agent, with the same rights and obligations as an individual. Its promises may justly be considered as excepted out of its power to legislate, unless in aid of them. It is in theory impossible to reconcile the idea of a promise which obliges with a power to make a law which can vary the effect of it."^[4]
Hamilton was a member of the Constitutional Convention, which "told the world" that the new Government would pay the creditors of the old.
Constitutional Convention for payment of all debts
Among the final words of the Constitution are these:
"All debts contracted and engagements entered into before the adoption of this Constitution shall be as valid against the United States under this Constitution as under the Confederation."
That provision gave the United States high standing and credit among the nations.
On the morality of government respecting its debt, Madison made this interesting observation ( The Federalist , No. 43):
"This can only be considered a declaratory proposition; and may have been inserted, among other reasons, for the satisfaction of the foreign creditors of the United States, who cannot be strangers to the pretended doctrine that a change in the political form of civil society has the magical effect of dissolving its moral obligations."
4. Hamilton's Works, 518.

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The fine example set to the nations by the Constitutional Convention has not been accepted by them.
Once we upbraided governments of Europe for repudiating the obligations to us which they had incurred for World War I. But we can do that no longer.
Insolence attended repudiation of gold contracts
From the review which has been made of opinion on both sides of this subject, it is manifest that the Government of the United States, without adequate explanation to the people, took a step respecting their property of tremendous importance to them. The only pretense of explanation by the Government, as a Government, was in the authority given by a rider on the Agricultural Adjustment Act to the President to "fix the weight of the gold dollar ... as he finds necessary ... to stabilize domestic prices or to protect foreign commerce against the adverse effect of depreciated foreign currencies"; and in the Joint Resolution of Congress (June 5,1933) declaring that "the holding or dealing in gold" had been disclosed by "the existing emergency" to "obstruct the power of Congress to regulate the value of money," for which reason "any obligation" purporting to give to the lender of money "a right to require payment in gold" was "declared to be against public policy."
But just how the cut by the President of 40 per cent from the gold dollar would stabilize domestic prices or protect foreign commerce, or how the repudiation by Congress of its promises to pay its bonded debts in gold, with the release of all other debtors from such promises, would help it "to regulate the value of money," was left without

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explanation beyond the bare recitals just quoted from the acts.
The opinions of some writers on finance
Some writers on finance had contended that the value of the gold in a dollar had increased in the market, and that therefore the creditor (the holder of bonds, the depositor of money, and some others) were receiving value above that intended by their contracts, for which reason a reduction of the content of the gold dollar was called for. But, as before indicated, the representatives of the Government said that the purpose was to increase the price of agricultural commodities, to stabilize American money against foreign currencies, and to make a profit for the Treasury of the United States.
While the depletion of the dollar quickly lifted the prices of wheat and other products in demand in foreign markets, it less quickly, but just as surely, increased the costs at home -- of food, of clothing, of housing, of living. If the writers on finance were right, then the wearying burden of living costs carried by the American for fifteen years is in considerable part attributable to the devaluation of the gold dollar.
Supreme Court expounded repudiation
In one of the three Gold Clause Cases the Supreme Court held, on February 18, 1935, in an opinion by Chief Justice Hughes, that the Fourth Liberty Bonds of the United States, promising to pay the buyer (the lender of money to the Government) "in the United States gold coin of the present [1918] standard of value," could not be repudiated as to the form of payment. The bonds having

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been issued under the clause of section 8 of Article I of the Constitution authorizing Congress "to borrow money on the credit of the United States," and being affected by the provision of the Fourteenth Amendment that "the validity of the Public Debt of the United States authorized by law . . . shall not be questioned," those quoted expressions stating the sovereign will of the people, it was not within the power of Congress, a servant of the people with inferior authority, "to override their will thus declared," and by the joint resolution of June 5, 1933, to proclaim that the promises in the law under which the bonds were issued "are hereby repealed" so far as they pledged any payment except "dollar for dollar in any coin or currency which at the time is legal tender."^[5]
Yet the bondholder won a Pyrrhic victory. He got nothing but a favorable judicial declaration that he should be paid in gold when the gold of the country had been seized and withdrawn from circulation.
The holder of Government bonds thoroughly "frisked"
Nor did he get in paper money the additional sum to equate the difference between the two gold dollars for the reason that "the plaintiff," the Court said, "has not shown, or attempted to show, that in relation to buying power he has sustained any loss whatever." Congress having withdrawn gold from circulation, it was unascertained what the new gold dollar would be worth to plaintiff in the "domestic and restricted market." He had not proved that, and as he had sued for damages for violation of contract, he failed for want of proof.
5. Perry v. United States, 294 U. S. 330.

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Dissenting Justices found the milk in the cocoanut
In the dissenting opinion in the Gold Clause Cases by Justices McReynolds, Van Devanter, Sutherland, and Butler, this was said (italics inserted):
"The Agricultural Adjustment Act of May 12,1933, discloses a fixed purpose to raise the nominal values of farm products ^[6] by depleting the standard dollar. It authorized the President to reduce the gold in the standard, and further provided that all forms of currency shall be legal tender. The result expected to follow was increase in nominal values of commodities and depreciation of contractual obligations. The purpose of section 43, incorporated by the Senate as an amendment to the House bill, was clearly stated by the Senator who presented it. It was the destruction of lawfully acquired rights."
Congress recognized damage by repudiation
That destructive result was admitted by the Government, for by an act of Congress of June 14, 1934, a credit of $25,862,750 was established on the books of the Treasury in favor of the Philippine Islands, that amount compensating for the cut in its gold-standard fund held by the banks in this country.
The fact deserves special emphasis that it was by an act of Congress taking a course of avowed favor to agricul-
6. Where did Congress get authority "to raise the nominal value of farm products"?
This is one more support of the statement frequently made herein, namely, that those in places in Government have generally ceased to ask or raise the question: Does the Constitution warrant this action? Or, does the Constitution forbid it?

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ture, as the dissenting justices stated in the foregoing quotation, that the President was empowered to reduce the gold content of the dollar. In the act the purpose of stabilizing "domestic prices or to protect foreign commerce against the adverse effect of depreciated foreign currencies" is recited. It is not clear why a dollar supported by the resources and productive power of this country could not stand up against foreign money. No explanation was vouchsafed by the prestidigitators of finance who drafted and put through the bill.
A senator clearly explained the trick
But this from the senator who incorporated section 43 as an amendment to the House bill, referred to in the foregoing quotation from the dissenting justices, is to a high degree lucid (italics inserted):
"The amendment has for its purpose the bringing down or cheapening of the dollar, that being necessary in order to raise agricultural and commodity prices. . . . The first part of the amendment has to do with conditions precedent to action being taken later.
"It will be my task to show that if the amendment shall prevail it has possibilities as follows: it may transfer from one class to another class in these United States value to the extent of almost $200,000,000,000. This volume will be transferred, first from those who own the bank deposits. Secondly, this value will be transferred from those who own bonds and fixed investments."^[7]
There is nothing in that about cutting the value of the dollar over 40 per cent to protect it against "depreciated
7. Congressional Record, April, 1933, pp. 2004, 2216-7, 2219.

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foreign currencies," which Congress gave as one of its reasons, without saying how that would help against what.
Secretary of Treasury not concerned about foreign moneys
Justice McReynolds quoted from a radio address of the Secretary of the Treasury to the American people on August 28, 1934, the following unctuousness:
"But we have another cash drawer in the Treasury, in addition to the drawer which carries our working balance. This second drawer I will call the 'gold' drawer. In it is the very large sum of 2,800,000,000, representing 'profit' resulting from the change in the gold content of the dollar. Practically all of this 'profit' the Treasury holds in the form of gold and silver. The rest is in other assets.
"I do not propose here to subtract this $2,800,000,000 from the net increase of $4,400,000,000 in the National Debt, thereby reducing the figure to $1,600,000,000. And the reason why I do not subtract it is this: for the present this $2,800,000,000 is under lock and key. Most of it, by authority of Congress, 1s segregated in the so-called stabilization fund, and for the present we propose to keep it there. But I call your attention to the fact that ultimately we expect this 'profit' to flow back into the stream of our other revenues and thereby reduce the National Debt."
Usefulness of gold clause in American life stated
The dissenting justices pointed out that the gold clause in any agreement, employed by Americans for more than 100 years, "secures protection, one against decrease in the

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value of the currency, the other against an increase." Such clauses, they said, "have rendered possible our great undertakings -- public works, railroads, buildings. . . . Furthermore," the dissenters wrote, "they furnish means for computing the sum payable in currency if gold should become unobtainable." Then the borrower pays "for each dollar loaned the currency value of that number of grains." He would thereby get, what was denied by the Supreme Court, enough additional currency to make up the difference between the value of the money lent by him and that paid back.
The whole case, as seen by the dissenting justices, was stated as follows:
"The fundamental problem now presented is whether recent statutes passed by Congress in respect of money and credits were designed to attain a legitimate end. Or whether, under the guise of pursuing a monetary policy, Congress has really inaugurated a plan primarily designed to destroy private obligations, repudiate National debts, and drive into the Treasury all gold within the country in exchange for inconvertible promises to pay, of much less value."
The President did not guard against foreign currencies
It was reported in the dispatches on March 15, 1941, that President Roosevelt told his conferees of the Press, whom he used as boosters of his exploits, that "the Treasury's $2,000,000,000 stabilization fund had made a profit of $22,000,000," which, he said, was "not such a bad record for what he called facetiously a bunch of rank amateurs in

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finance." The stabilization fund was established in 1934, the dispatch said, "from profits obtained from the devaluation of the dollar." It was the opinion of the President that he had given "a pretty good illustration of the fact that the American Government was not wholly amateurish in the financial part it plays in the country."
What the Government accomplished proceeded, not from its financial ability, but from an illegal and ruthless exertion of power.
Did predatory wealth or economic royalty ever "put over" anything comparable to that? Did either, even in its dreams, ever see such easy money picked from the gullible?
On "just compensation" for private property taken
Were Congress to authorize the Secretary of the Treasury to order all of the farmers in the country to drive in their herds and accept the pay offered by the Government, "just compensation" would be given for them under the command of Article V of the Bill of Rights. On whether gold could thus be called in and appropriated by the Government without paying grain for grain, the dissenting justices said:
"Congress has power to coin money, but this cannot be exercised without the possession of metal. Can Congress authorize appropriation without compensation of the necessary gold? Congress has power to regulate commerce, to establish post roads, etc. Some approved plan may involve the use or destruction of A's land or a private way. May Congress authorize the appropriation or de-

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struction of these things without adequate payment? Of course not. The limitations prescribed by the Constitution restrict the exercise of all power."
On the point in the opinion of the majority of the Court, that as the holders of the bonds were forbidden to possess gold, it would do them no good to get payment in coin which they would be obliged to surrender immediately, and that consequently they were without damage, the dissenting justices said:
"Congress brought about the condition in respect of gold which existed when the obligation matured. Having made payment in this metal impossible, the Government cannot defend by saying that if the obligation had been met the creditor could not have retained the gold; consequently he suffered no damage because of the non-delivery.
Had an individual done such a thing
"Obligations cannot be legally avoided by prohibiting the creditor from receiving the thing promised. . . .
"If an individual should undertake to annul or lessen his obligation by secreting or manipulating his assets with the intent to place them beyond the reach of creditors, the attempt would be denounced as fraudulent."
The dissenting opinion concluded:
"Under the challenged statute 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

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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."

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Anti Federalist Papers No. 45 – Powers Of National Government Dangerous To State Governments; New York As An Example

TO THE CITIZENS OF THE STATE OF NEW YORK.

Although a variety of objections to the proposed new constitution for the government of the United States have been laid before the public by men of the best abilities, I am led to believe that representing it in a point of view which has escaped their observation may be of use, that is, by comparing it with the constitution of the State of New York.

The following contrast is therefore submitted to the public, to show in what instances the powers of the state government will be either totally or partially absorbed, and enable us to determine whether the remaining powers will, from those kind of pillars, be capable of supporting the mutilated fabric of a government which even the advocates for the new constitution admit excels "the boasted models of Greece or Rome, and those of all other nations, in having precisely marked out the power of the government and the rights of the people. "

It may be proper to premise that the pressure of necessity and distress (and not corruption) had a principal tendency to induce the adoption of the state constitutions and the existing confederation; that power was even then vested in the rulers with the greatest caution; and that, as from every circumstance we have reason to infer that the Dew constitution does not originate from a pure source, we ought deliberately to trace the extent and tendency of the trust we are about to repose, under the conviction that a reassumption of that trust will at least be difficult, if not impracticable. If we take a retrospective view of the measures of Congress. . . . we can scarcely entertain a doubt but that a plan has long since been framed to subvert the confederation; that that plan has been matured with the most persevering industry and unremitted attention; and that the objects expressed in the preamble to the constitution, that is "to promote the general welfare and secure the blessings of liberty to ourselves and our posterity," were merely the ostensible, and not the real reasons of its framers. . .

The state governments are considered in . . . [the new constitution] as mere dependencies, existing solely by its toleration, and possessing powers of which they may be deprived whenever the general government is disposed so to do.

If then the powers of the state governments are to be totally absorbed, in which all agree, and only differ as to the mode - whether it will be effected by a rapid progression, or by as certain, but slower, operations - what is to limit the oppression of the general government? Where are the rights, which are declared to be incapable of violation? And what security have people against the wanton oppression of unprincipled governors? No constitutional redress is pointed out, and no express declaration is contained in it, to limit the boundaries of their rulers. Beside which the mode and period of their being elected tends to take away their responsibility to the people over whom they may, by the power of the purse and the sword, domineer at discretion. Nor is there a power on earth to tell them, What dost thou? or, Why dost thou so? I shall now proceed to compare the constitution of the state of New York with the proposed federal government, distinguishing the paragraphs in the former, which are rendered nugatory by the latter; those which are in a great measure enervated, and such as are in the discretion of the general government to permit or not. . . .

1 & 37

The 1st "Ordains, determines, and declares that no authority shall on any pretence whatever be exercised over the people or the members of this State, but such as shall be derived from and granted by them. "

The 37th, "That no purchases or contracts for the sale of lands with or of the Indians within the limits of this state, shall be binding on the Indians, or deemed valid, unless made under the authority and with the consent of the legislature of this state. "

. . . What have we reasonably to expect will be their conduct [i. e. , the new national government] when possessed of the powers "to regulate commerce with foreign nations, and among the several states, and with the Indian tribes," when they are armed with legislative, executive, and judicial powers, and their laws the supreme laws of the land. And when the states are prohibited, without the consent of Congress, to lay any "imposts or duties on imports," and if they do they shall be for the use of the Treasury of the United States - and all such laws subject to the revision and control of Congress.

It is . . . evident that this state, by adopting the new government, will enervate their legislative rights, and totally surrender into the hands of Congress the management and regulation of the Indian trade to an improper government, and the traders to be fleeced by iniquitous impositions, operating at one and the same time as a monopoly and a poll-tax. . . .

The 2nd provides "that the supreme legislative power within this state shall be vested in two separate and distinct bodies of men, the one to be called the assembly, and the other to be called the senate of the state of New York, who together shall form the legislature. "

The 3rd provides against laws that may be hastily and inadvertently passed, inconsistent with the spirit of the constitution and the public good, and that "the governor, the chancellor and judges of the supreme court, shall revise all bills about to be passed into laws, by the legislature. "

The 9th provides "that the assembly shall be the judge of their own members, and enjoy the same privileges, and proceed in doing business in like manner as the assembly of the colony of New York of right formerly did. "

The 12th provides "that the senate shall, in like manner, be judges of their own members," etc.

The 31st describes even the style of laws - that the style of alt laws shall be as follows: "Be it enacted by the people of the state of New York represented in senate and assembly," and that all writs and proceedings shall run in the name of the people of the state of New York, and tested in the name of the chancellor or the chief judge from whence they shall issue.

The powers vested in the legislature of this state by these paragraphs will be weakened, for the proposed new government declares that "all legislative powers therein granted shall be vested in a congress of the United States, which shall consist of a senate and a house of representatives," and it further prescribes, that "this constitution and the laws of the United States, which shall be made in pursuance thereof; and all treaties made, or which shalt be made under the authority of the United States, shall be the supreme law of the land, and the judges in every state shall be bound thereby, anything in the constitution or laws of any state to the contrary notwithstanding; and the members of the several state legislatures, and all executive and judicial officers, both of the United States and of the several states, shall be bound by oath or affirmation to support this constitution. "

Those who are full of faith, suppose that the words "in pursuance thereof" are restrictive, but if they reflect a moment and take into consideration the comprehensive expressions of the instrument, they will find that their restrictive construction is unavailing, and this is evidenced by 1st art. , 8th sect. , where this government has a power "to lay and collect all taxes, duties, imposts and excises, to pay the debts, and provide for the common defense and general welfare of the United States," and also "to make all laws which shall be necessary and proper for carrying into execution the foregoing powers vested by this constitution in the government of the United States, or in any department or office thereof. "

. . . . To conclude my observation on this head, it appears to me as impossible that these powers in the state constitution and those in the general government can exist and operate together, as it would be for a man to serve two masters whose interests clash, and secure the approbation of both. Can there at the same time and place be and operate two supreme legislatures, executives, and judicials? Will a "guarantee of a republican form of government to every state in the union" be of any avail, or secure the establishment and retention of state rights?

If this guarantee had remained, as it was first reported by the committee of the whole house, to wit, "that a republican constitution, and its existing laws, ought to be guaranteed to each state by the United States," it would have been substantial; but the changing the word constitution into the word form bears no favorable appearance. . . .

13, 35, 41

By the 13th paragraph "no member of this State shall be disfranchised, or deprived of any of the rights or privileges secured to the subjects of the State by the constitution, unless by the law of the land, or judgment of its peers. "

The 35th adopts, under certain exceptions and modifications, the common law of England, the statute law of England and Great Britain, and the acts of the legislature of the colony, which together formed the law on the 19th of April, 1775.

The 41st provides "that the trial by jury remain inviolate forever; that no acts of attainder shall be passed by the legislature of this State for crimes other than those committed before the termination of the present war. And that the legislature shall at no time hereafter institute any new courts but such as shall proceed according to the course of the common law.

There can be no doubt that if the new government be adopted in all its latitude, every one of these paragraphs will become a dead letter. Nor will it solve any difficulties, if the United States guarantee "to every state in the union a republican form of government;" we may be allowed the form and not the substance, and that it was so intended will appear from the changing the word constitution to the word form and the omission of the words, and its existing laws. And I do not even think it uncharitable to suppose that it was designedly done; but whether it was so or not, by leaving out these words the jurisprudence of each state is left to the mercy of the new government. . . .

17, 18, 19, 20, 21, 27, 40

The 17th orders "That the supreme executive power and authority of this State shall be vested in a governor. "

By the 18th he is commander-in-chief of the militia and admiral of the navy of the State; may grant pardons to all persons convicted of crimes; he may suspend the execution of the sentence in treason or murder.

By the 19th paragraph he is to see that the laws and resolutions of the legislature be faithfully executed.

The 20th and 21st paragraphs give the lieutenant-governor, on the death, resignation, removal from office, or impeachment of the governor, all the powers of a governor.

By the 27th he [the Governor] is president of the council of appointment, and has a casting vote and the commissioning of all officers.

The 40th paragraph orders that the militia at all times, both in peace and war, shall be armed and disciplined, and kept in readiness; in what manner the Quakers shall be excused; and that a magazine of warlike stores be forever kept at the expense of the State, and by act of the legislature, established, maintained, and continued in every county in the State.

Whoever considers the following powers vested in the [national] government, and compares them with the above, must readily perceive they are either all enervated or annihilated.

By the 1st art. , 8th sec. , 15th, 16th and 17th clauses, Congress will be empowered to call forth the militia to execute the laws of the union, suppress insurrections and repel invasions; to provide for organizing, arming and disciplining the militia, for the governing such part of them as may be employed in the service of the United States, and for the erection of forts, magazines, etc.

And by the 2nd art. , 2nd sec. , "The president shall be commander-in-chief of the army and navy of the United States, and of the militia of the several States when called into actual service of the United States. . . . except in cases of impeachment. "

And by the 6th art. , "The members of the several state legislatures, and all the executive and judicial officers; both of the United States, and of the several states, shall be bound by oath or affirmation to support the constitution. "

Can this oath be taken by those who have already taken one under the constitution of this state? . . . From these powers lodged in Congress and the powers vested in the states, it is clear that there must be a government within a government; two legislative, executive, and judicial powers. The power of raising an army in time of peace, and to command the militia, will give the president ample means to enforce the supreme laws of the land. . . .

42

This paragraph provides "that it shalt be in the discretion of the legislature to naturalize all such persons and in such manner as they shall think proper. "

The 1st art. , 8th sec. , 4th clause, give to the new government power to establish a uniform rule of naturalization. And by the 4th art. , 2nd sec. , "the citizens of each state shall be entitled to all the privileges and immunities of citizens in the several states," whereby the clause is rendered entirely nugatory.

From this contrast it appears that the general government, when completely organized, will absorb all those powers of the state which the framers of its constitution had declared should be only exercised by the representatives of the people of the state; that the burdens and expense of supporting a state establishment will be perpetuated; but its operations to ensure or contribute to any essential measures promotive of the happiness of the people may be totally prostrated, the general government arrogating to itself the right of interfering in the most minute objects of internal police, and the most trifling domestic concerns of every state, by possessing a power of passing laws "to provide for the general welfare of the United States," which may affect life, liberty and property in every modification they may think expedient, unchecked by cautionary reservations, and unrestrained by a declaration of any of those rights which the wisdom and prudence of America in the year 1776 held ought to be at all events protected from violation.

In a word, the new constitution will prove finally to dissolve all the power of the several state legislatures, and destroy the rights and liberties of the people; for the power of the first will be all in all, and of the latter a mere shadow and form without substance, and if adopted we may (in imitation of the Carthagenians) say, Delenda vit America.

SYDNEY

Learn More About American History:  Visit Jamestown, Yorktown and Colonial Williamsburg Living Museums in Virginia.  

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