From FDR to Obama – the Destruction of Our Rights

Franklin Delano Roosevelt proposed a “Second Bill of Rights” during his State of the Union Address in 1944. He noted that while “under the protection of certain inalienable rights…our nation has grown in size and stature, however—as our industrial economy expanded—these political rights proved inadequate to assure us equality in the pursuit of happiness….true individual freedom cannot exist without economic security and independence. “Necessitous men are not free men.” People who are hungry and out of a job are the stuff of which dictatorships are made.” He argued that we “cannot be content, no matter how high that general standard of living may be, if some fraction of our people—whether it be one-third or one-fifth or one-tenth—is ill-fed, ill-clothed, ill-housed, and insecure.” Under the auspices of “economic security and independence,” FDR laid out the following list of rights for the American people:

The right to a useful and remunerative job in the industries or shops or farms or mines of the nation;

The right to earn enough to provide adequate food and clothing and recreation;

The right of every farmer to raise and sell his products at a return which will give him and his family a decent living;

The right of every businessman, large and small, to trade in an atmosphere of freedom from unfair competition and domination by monopolies at home or abroad;

The right of every family to a decent home;

The right to adequate medical care and the opportunity to achieve and enjoy good health;

The right to adequate protection from the economic fears of old age, sickness, accident, and unemployment;

The right to a good education.

During and after FDR’s presidency, many programs were taken up to establish these so-called rights. The US government implemented a minimum wage with the hopes of providing people with a baseline level of income to be able to pay for life’s necessities, and created unemployment insurance so that people would have sufficient money to purchase goods when they lost their jobs. They created agricultural subsidies to protect farmers. They implemented all sorts of regulations and restrictions to stop (certain) companies from dominating their competitors. They created HUD and devised the CRA to force lenders to finance housing for those who were less well off, to ensure the “American dream of home ownership.” They provided healthcare for the old and poor. They created Social Security to allow the old to receive checks after they were retired. They expanded public education and pushed for everyone to receive a college degree. They empowered the Federal Reserve to flatten the business cycle and protect against recessions.

Today, King Obama looks to be finishing off the dirty work of the progressives of the last century. He is pushing for “fair” credit card charges, universal healthcare, onerous governmental control of business under the guise of environmental protection, government control of college loans and empathetic justices who understand the concerns of everyone who is not white, male or wealthy.

Essential to the justification for this platform is FDR’s argument that there be equality in the pursuit of happiness, and that “individual freedom cannot exist without economic security and independence.” What those like FDR and Obama mean is that there is not equality as an outcome of the pursuit of happiness, i.e. equality of condition. By economic security and independence, FDR and the King mean that people need safeguards so that they can keep their jobs, pay for products and be comfortable in retirement.

All of the ends that these progressives seek seem admirable, but the means to achieve them end up making it impossible for the ends to be obtained. Nobody wants to see masses of unemployed, sickly or uneducated people. But the government policies implemented to protect against these problems – to guarantee the “rights” listed above – end up leaving people unemployed, unhealthy and uneducated. They impoverish the citizens by destroying the inalienable rights that even FDR admits allowed the US to gain its strength as the world superpower.

It was not economic security or independence that allowed our country to thrive, but a system in which people voluntarily traded and had the opportunity to innovate and take entrepreneurial risks. Failure, not economic security, had to be a motivator because there was no safeguard against it; no notion of being too-big-to-fail. If you failed, you simply had to pick up and try again. The Federal Reserve in attempting to protect against failure ends up leaving the people economically insecure by decreasing their purchasing power and savings through inflating the money supply, and by incentivizing people to allocate resources improperly through the manipulation of money and credit which leads to the painful boom and bust cycle. The moral hazard created by providing safeguards against failing, be it in business or in one’s own life ends up weakening the people.

Economic security and independence come as a result of our rights to life, liberty and property, not the other way around. The best thing the government can do to ensure these rights, the rights that lead us to maximum wealth, the fullest employment for those who seek it, the best and cheapest medical care and the most practical and affordable education is simply to protect its citizens from attacks on their individual rights. Individual rights, not entitlements. Entitlements beget more entitlements. Entitlements breed laziness in the citizenry. Entitlements cause people to take things for granted. Freedom is the one thing that cannot be taken for granted. As Reagan put it, “Freedom is never more than one generation away from extinction. We didn’t pass it to our children in the bloodstream. It must be fought for, protected, and handed on for them to do the same.”

If you disagree with this in principle, then look at the results of the governments’ policies, those policies representing the antithesis of freedom. The US populace is probably dumber than it has been at any other time in history, even though a greater number of people are graduating from public high schools and attending colleges than ever before. Our economy teeters on the brink of collapse. Our government is larger, more intrusive and more corrupt than it has ever been. It is also effectively bankrupt minus its monopoly power to print money; interesting that it can have this monopoly power while also protecting people from “unfair business competition and domination by monopolies at home or abroad.”

Other examples of government failures abound. Amtrak is a money-loser, as is essentially all public transportation. If public transportation is not a money-loser, then I would venture to guess that it still isn’t as cheap or efficient as private alternatives. The US postal service is nowhere near as effective as FedEx. The DMV is a joke. The purchasing power of our dollar has decreased by over 95% since being under full control of the Federal Reserve, and we have had more frequent recessions than prior to the Fed’s creation. In countries with nationalized healthcare, we see that the price of better-quality, private healthcare increases, while public healthcare services leave people waiting sometimes for months on end for essential medical procedures. People flee to the US if their lives are in danger with good reason. If King Obama gets his way, they will have nowhere to flee anymore. Ironically, when it comes to almost every sector of our economy, while economists would have you believe that government corrects market failures, it appears that we would be far better if markets corrected government failures.

In the final analysis, there is not one good or service that the government provides that is cheaper and better than the equivalent one in the private sector, with the caveat that in terms of defense, only the government can coordinate the forces necessary to effectively protect us. And even then, the government outsources weapons development and certain tactical supports to private defense companies. And even then, the government screws up at times in the way it carries out its wars.

I want to reiterate that only the market can provide the people with the best goods and services at the best prices. This is the same for credit as it is for housing as it is for healthcare. If you take the market out of the equation and try to centrally plan, in the end you impoverish society and leave a nation to anarchy and revolution. Through a dictatorship, which is what the Second Bill of Rights effectively creates (a tyrannical government), you create the unemployed and the hungry that FDR speaks of.

With the burgeoning deficits at the state and national levels, the impending tsunami of inflation and the undermining of the rule of law and protection of life, liberty and property by our leaders, it looks as if in their quest to grant us the Second Bill of Rights, they have also destroyed the rights granted to us by an authority higher than that of our politicians, our natural ones.

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Define The Dollar Or Else

Disclaimer:  This article neither constitutes nor should it be relied upon as legal, investment or tax advice.

Almost everyone uses the dollar to calculate, plan and settle transactions in the United States and beyond.  Likewise feet or meters are commonly used to calculate, plan and construct many building and engineering projects.

If units of length were mired in definitional chaos then the buildings and other contraptions humanity builds would be unsound, unstable and prone to chronic failure.  But when it comes to units of monetary calculation the current worldwide state of definitional chaos, a floating illusion currency system, is taken for granted.  Therefore, is it any surprise then that the current worldwide monetary system is unsound and unstable resulting in a chronically failing system?

IRS V. KAHRE

Robert Kahre, a dutiful Atlas, is once again being leeched by immoral tax eaters in United States District Court.  Earlier in 2007 he was harassed because of his use of a particular type of legal tender.  In his construction business Kahre used gold and silver instead of the predominant brand of paper tickets.

Two years earlier nine people were tried with Kahre for over 160 counts and there was not a single conviction.  As if in complete disregard for the principle of res judicata he is once again being assailed by parasites.  At issue is how Kahre is to define the dollar because a $50 gold coin and a $50 Federal Reserve Note do not have equal purchasing power.

WHAT IS A DOLLAR?

Dr. Edwin Vieira, J.D. holds four degrees from Harvard and practices law before the United States Supreme Court.  I highly recommend reading Dr. Vieira’s entire essay, What Is A Dollar?, which is quoted only in small part here:

2. Do the present monetary statutes intelligibly define the “dollar’”?

Unfortunately, the present monetary statutes do not define the “dollar” in an intelligible fashion.

a. Federal Reserve Notes. Most people associate the noun “dollar” with the Federal Reserve Note (”FRN”) “dollar bill,” engraved with the portrait of President George Washington. This association is mistaken.

No statute defines – or ever has defined – the “one dollar” FRN as the ”dollar,” or even as a species of “dollar.” Moreover, the United States Code provides that FRNs “shall be redeemed in lawful money on demand at the Treasury Department of the United States * * * or at any Federal Reserve bank.”4 Thus, FRNs are not themselves “lawful money” – otherwise, they would not be “redeemable in lawful money.” And if FRNs are not even “lawful money,” it is inconceivable that they are somehow “dollars,” the very units in which all “United States money is expressed.”5

b. United States coins. The situation with coinage is more complex, but equally (if not more) confusing. The United States Code provides for three different types of coinage denominated in “dollars”: namely, base-metallic coinage, gold coinage, and silver coinage.

c. Currency of “equal purchasing power”. The UnitedStates Code provides no answer to this perplexing question. Indeed, it mandates that the question should not even be capable of being asked. For the Code commands that “the Secretary [of the Treasury] shall redeem gold certificates owned by the Federal reserve banks at times and in amounts the Secretary decides are necessary to maintain the equal purchasing power of each kind of United States currency.14

The term dollar is used in Article 1 Section 9 Clause 1 and the Seventh Amendment.  Neither the slave-trade faction nor the right to trial by jury would have accepted these provisions without a clear definition of what the dollar is.

Therefore, their support of these provisions inferentially establishes what a literal reading of them straightforwardly suggests: to wit, that the noun “dollar” refers, not to a mere name applicable to whatever Congress whimsically might decide thereafter to call a “dollar,” but instead to a particular coin so familiar in American experience as to be beyond political transmogrification. … Obviously, Jefferson’s free-market, scientific approach is a world apart from the arbitrary way in which Congress has set up the mutually incompatible and internally irrational sets of silver, gold, and base- metallic coins that exist today.

2) The Coinage Act of 1792. Little more than a year after Hamilton’s Report, Congress enacted its principles into law.

Section 9 of the Coinage Act of 1792 contained the monetary definitions for the United States monetary system and defined

DOLLARS or UNITS – each to be of the value of a Spanish milled dollar as the same is now current, and to contain three hundred and seventy one grains and four sixteenth parts of a grain of pure, or four hundred and sixteen grains of standard silver.

Section 19 provides the death penalty for government officials who debase the coinage.

THE RON PAUL EFFECT

During the 2008 Republican Presidential Primaries it was often cited that Congressman Ron Paul has not accomplished anything regarding legislation during his decades in Washington.  Well, Dr. Paul is a like Spanish Moss that clings to a roadside sign, refusing to go away and as a result has harrowed the ground and laid powerful seeds for helping the American people with how to buy silver and gold.

To my knowledge the only legislation he has introduced that has been approved and enacted is Public Law 99-185 and Public Law 99-61 which provide under 31 United States Code 5,112:

(e) - Notwithstanding any other provision of law, the Secretary shall mint and issue, in quantities sufficient to meet public demand, coins which— (1) are 40.6 millimeters in diameter and weigh 31.103 grams; (2) contain .999 fine silver(3) have a design— (A) symbolic of Liberty on the obverse side; and (B) of an eagle on the reverse side;

(h) – The coins issued under this title shall be legal tender as provided in section 5103 of this title.
(i) (1) Notwithstanding section 5111 (a)(1) of this title, the Secretary shall mint and issue the gold coins described in paragraphs (7), (8), (9), and (10) of subsection (a) of this section, in quantities sufficient to meet public demand, and such gold coins shall— (A) have a design determined by the Secretary, except that the fifty dollar gold coin shall have— (i) on the obverse side, a design symbolic of Liberty; and (ii) on the reverse side, a design representing a family of eagles, with the male carrying an olive branch and flying above a nest containing a female eagle and hatchlings; (B) have inscriptions of the denomination, the weight of the fine gold content, the year of minting or issuance, and the words “Liberty”, “In God We Trust”, “United States of America”, and “E Pluribus Unum”; and (C) have reeded edges.


Dr. Paul has given America an easy path for clearing up the monetary chaos and it would require the adoption of gold and silver as currency in ordinary daily transactions.  This would be extremely easy with digital commodity currency services like GoldMoney.  Dr. Vieira has even authored a bill for States to use in adopting the use of digital gold and silver currencies as legal tender.  But instead it appears that America will choose the hard path.

JOHN LAW PROVOKES THE FRENCH REVOLUTION

Harvard Professor Niall Ferguson wrote on page 149 of The Ascent Of Money:

Not surprisingly, some people began to anticipate a depreciation of the banknotes, and began to revert to payment in gold and silver.  Ever the absolutist, Law’s initial response was to resort to compulsion.  Banknotes were made legal tender.  The export of gold and silver was banned as was the production and sale of gold and silver objects.  By the arrêt of 27 February 1720, it became illegal for a private citizen to possess more than 500 livres of metal coin.  The authorities were empowered to enforce this measure by searching people’s houses.  Voltaire called this ‘the most unjust edict ever rendered’ and ‘the final limit of a tyrannical absurdity’.

As Congressman Ron Paul said on 19 May 2009 before the Congress:

The sad part of all this is that we have forgotten what made America great, good, and prosperous. We need to quickly refresh our memories and once again reinvigorate our love, understanding, and confidence in liberty. The status quo cannot be maintained, considering the current conditions. Violence and lost liberty will result without some revolutionary thinking.

We must escape from the madness of crowds now gathering. The good news is the reversal is achievable through peaceful and intellectual means and, fortunately, the number of those who care are growing exponentially.

Of course, it could all be a bad dream, a nightmare, and that I’m seriously mistaken, overreacting, and that my worries are unfounded. I hope so. But just in case, we ought to prepare ourselves for revolutionary changes in the not-too-distant future.

The pattern is common.  Like the scoundrel John Law the ultra-scoundrel King George issued Writs of Assistance which provoked the American Revolution.  When those exercising monetary rights are punished under penalty of death by criminal gangs costumed in government regalia then the reaction by the populace is usually the legitimate use of deadly force in self-defense.  Perhaps there is a need after all for survivalism in the suburbs as the probability of disturbing events increases.

CONCLUSION

American monetary jurisprudence is in utter disarray being mutually incompatible and internally irrational.  Criminal gangs costumed in government regalia are strutting around with their IRS hats harassing, intimidating and threatening with deadly force completely peaceful producers who are acting completely within the bounds of the internally irrational law.

The Great Credit Contraction has begun and will likely lurch from the financial to the economic to the social to the political to the geo-political and most likely culminate in geo-strategic chaos.  Dr. Vieira has authored a suitable bill States could adopt to help America find her way home with less pain.  These undesirable future realities need not unfold.  If the costumed criminal gangs that swore to uphold the United States Constitution had a shred of integrity and honored their oath then much of the misery could easily be avoided.

But while the baton, taser, assault rifle or stealth bomber may be used in lieu of conversation words will always retain their power.  Ideas can only be overcome by other ideas.  Words proffer the instruments to meaning.  Equity, freedom, justice, peace and prosperity.  These are not mere words; they are vantage points.

As fiat currency acts like the common stock of the issuing nation and because during this decade the FRN$ has been evaporating at an ever increasing pace against the ancient metal of kings it is no surprise that the probability for ‘revolutionary changes’ is increasing.  As the situation intensifies the purchasing power of gold will continue increasing while the purchasing power of the FRN$ will continue evaporating.

Disclosure:  Long physical gold and silver with neither a position in the problematic GLD and SLV ETFs nor any association whatsoever, except perhaps that of victim via assault and robbery, with any of these aggressive sociopathic criminal gangs costumed in government regalia.

P.S.  Because individuals are endowed with certain unalienable rights and because the people use those rights to create governments therefore it follows that people should not be afraid of their governments but that governments with their silly little costumes should be afraid of the people.

Predicting the Gold Price

Some useful observations on the gold market in a recent Unqualified Reservations blog entry:

One trivial example of a liquid, functioning prediction market that does not, and cannot, produce accurate predictions is the gold futures market. The gold futures market is a large, active and efficient market in future gold, but in hindsight it demonstrates little or no predictive power. The cause is not at all obscure: since both gold and dollars can be stored at minimal cost, a variety of arbitrage strategies bind the gold futures market to the much larger dollar-futures market (ie, the market for loans). The price signal is real, but it is conveying much more subtle data than the market’s net opinion of whether gold will go up or down.

Again, the market for future gold does not function as a prediction market, because it is bound by arbitrage to the market for spot gold and the market for future dollars. At least one of these so-called markets is substantially the product of official intervention.