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Lee Brobst
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Written by Lee Brobst  
May 1, 2009

                            STANDARD OF VALUE AND HJR 192©                                        

One thing you must remember, the law always follows the money.
Before H.J.R. 192 on June 5, 1933, the money system had a Standard of value.  The
raw substance for the money came from the land of the states and was coined by the
Federal Government that guaranteed its weight and fineness according to the Bland
Allison Act of 1792.  The Bland Allison Act was a physical charter that stated what
the hard coin was to contain in value in gold and silver.  The Government had the
power to coin the money under its
general powers under the master charter of Article
I to the Constitution of United States.  Everything in and of itself had a standard of
value and the same goes today except for the money.  If you buy a quart of milk you
get a quart of milk.  If you buy a pound of hamburger, you get a pound of
hamburger.  The same with a gallon of gasoline etc.  But, what do you get when you
go to the bank?  Nothing that contains any value in and of itself.
There is nothing in HJR192 that defines value or what is to take place regarding the
suspension of the gold Standard, nor is there any place in the Constitution under
Article I that gives the Federal Government under its
general law making powers to
enact HJR 192 and to create something that has no standard of value.
Now, we are going to carry this one step further.  Article I incorporates by reference,
the Bland Allison Act under the
general law making powers of the Federal
Government.  In other words, the Bland Allison Act is a physical charter that defines
what money is and guarantees the value in weight and fineness.
Whereas, HJR 192 contains no physical charter thus no incorporation by reference.  
In other words, produce the evidence where Congress under its general law making
powers of Article I has the power to create a medium of exchange that contains no
value.  There is none, and the same goes for HJR 192.  There is no charter to define
what the results of HJR 192 were to be other than to say it is against public policy to
demand “payment” of debt.  The truth of the matter regarding HJR 192 is that,
Congress was
not acting under its general powers of Article I, but under its
unincorporated powers under
local law that emanates out of Article IV Section 3 cl. 2
in that, Congress and the courts presumes because of HJR 192 that you have
contracted to come within the preview of Title 12 U.S.C. Chapt. 41 Sec. 1602 c, d, e,
therefore, have a privilege as a member of an unincorporated banking association.  
As the Court stated in The Propeller Genesee Chief:  “The law . . . contains no
regulations of commerce. . . .  It merely confers a new jurisdiction on the district
courts; and this is its only object and purpose. . . .  It is evident . . . that Congress, in
passing [the law], did not intend to exercise their power to regulate commerce. . . .   
The statutes do no more than grant jurisdiction over a
particular class of cases.”  
12 How. at 451-452 (emphasis in original).  Verlinden v. Bank of Nigeria. 461 U.S.
496 (1983). [Bold emphasis added}
Remember, Article IV Section 3 cl. 1 defines how new states are to be incorporated
into the Union.  Under Article IV Section 3 cl. 2 there are no powers to incorporate
anything.  The clause merely states: “The Congress shall have power to dispose of
and make all needful Rules and Regulations respecting the Territory or other
Property belonging to the United States; . . .   .”  [underline added].  Remember what
O'Donoghue v. United States, 289 US 516, 537 (1933) stated:

Literally, the word “territory”, as here used, signifies property, since the language is
not “territory or property”, but “territory or other property.”  There thus arises an
evident difference between the words “
the territory” and “a territory” of the United
States.  The former merely designates a particular part or parts of the earth's
surface-the imperially extensive real estate holdings of the Nation; the latter is a
governmental subdivision which happened to be called a “territory”, but which quite
as well could have been called a “colony” … “province”   . . . . ‘
A territory, under the
Constitution and laws of United States is an inchoate state,” quoting Ex parte Morgan
D.C. 20 Fed 298, 305. [emphasis added]

The.  An article which particularizes the subject spoken of.  “Grammatical niceties
should not be resorted to without necessity; but it would be extending liberality to an
unwarrantable length to confound the articles ‘a’ and ‘the’.  The most unlettered
persons understand that ‘a’ is indefinite, but ‘the’ refers to a certain object.”  Black’s
Law Dict. 5th Ed.  In other words, “a territory” is not incorporated by reference into
the Union of states.  The Constitution does not directly deal with individuals, the
amendments are for the use of individuals to be used against the state and federal
Governments.  Once you join the association with a privilege, now Congress has
control over the association and you as a member of a class that is to be regulated.

©
Lee Brobst

Last Updated on Thursday, 07 May 2009 07:37

   ARE YOU SUBJECT TO

   THE FENCE

   STANDARD OF VALUE AND     
   HJR 192

   
TITLE 28—JUDICIARY AND   
   
JUDICIAL PROCEDURE

   THINGS TO THINK ABOUT

   CONTINENTAL CONGRESS
   2009 WEBSITE .pdf

   PUBLIC AND PRIVATE LAW          
   
MERCHANTS .pdf    

   SILVER COINS .pdf

   BONDS, DEBTS, MONEY,  
   NOTES .pdf

   COMMUNALISM RAISES  ITS    
   
UGLY HEAD          

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