ISSUE MAY BE THE ESTABLISHMENT'S ACHILLES' HEEL IN ITS WAR ON "ISLAMIC
Edwin Vieira, Jr., Ph.D., J.D.
No careful student of history can fail to be impressed by the interconnectedness of ideas and events in every civilization's rise and fall--especially that bad ideas inevitably engender worse consequences. That may soon become painfully apparent once again. Foremost among the bad ideas that should come to the mind of every patriot are the unconstitutional and dishonest monetary and banking systems that today beset the United States, as well as the entire Western world, in the form of the Federal Reserve System and other central banks that emit legal-tender fiat currency and “monetize” public and private debt. The worse consequences that few people foresee are the destruction of these systems--and the ensuing economic, political, and social chaos that will engulf America and all other Western countries--if any one of a number of quite predictable events occurs.
This Commentary addresses the possibility that Muslims throughout the world will turn from fiat currency and electronic bank credit to gold dinar and silver dirham coins as their media of exchange, thereby employing the full force of economics in a decisive counterattack in the global war that the West's Establishment has so imprudently launched against "Islamic fundamentalism". And leading to fulfillment of the prophecy in the Musnad of Imam Ahmad ibn Hanbal that "[a] time is certainly coming over mankind when nothing will be of use except a dinar and a dirham."
A. Consider first the bad ideas and their consequences in the United States.
1. By refusing to use silver and gold coin as this country's official media of exchange, although the Constitution requires it, and by creating a corrupt connection between the General Government and private fractional-reserve banks, although the Constitution prohibits it, the Establishment has rendered America hostage to:
2. This last concern is no exaggeration. But realizing why requires returning to basic principles.
Constitutional money and banking require:
These changes cannot be expected to come through the courts. First, the judicial process is too slow to effect meaningful reforms before serious economic crises break out. Second, the judicial process is not given to broad, prospective legal restructuring, only to sequential, retrospective tinkering, one case at a time--in fact, the courts of the General Government (the so-called "federal courts") lack jurisdiction to give "advisory opinions" about sets of circumstances not actually before them. Whereas, legislatures can draft comprehensive statutes, taking into consideration a myriad of possible future situations and scenarios that cover the entire field. Third, the courts have no body of precedents on which to rely for the necessary reforms, because fractional-reserve banking has long been treated as an exception to the traditional common law of contracts and torts applicable to every other business. So, even if the most that were desired would be to compel fractional-reserve banks simply to abide by the traditional principles of common law in those areas, statutes would still be necessary to instruct the courts to enforce that requirement, and in how to do it. Fourth, fractional-reserve banking is already regulated all too favorably by numerous complex statutes that would have to be repealed or carefully amended, each in relation to the others, for a comprehensive reform to work. The courts, of course, have no authority to make such changes in statutory law.
3. America needs constitutional money and banking for two primary reasons:
First, because a specific rule of law requires it: the monetary powers and disabilities of Congress and the States as delineated in the Constitution.
Second, because the goals set out in the Preamble to the Constitution require it. In any era, "the general Welfare" requires it: Americans would be better off, politically and economically, with constitutional money and banking. Constitutional money and banking are honest money and banking, and therefore contribute significantly to "establish[ing] Justice". And particularly in this era of "the war on terrorism", "the war on drugs", and other occasions and excuses for creation of a pervasive police state in America, "provid[ing] for the common defense", "insur[ing] domestic Tranquility", and especially "securing the Blessings of Liberty to ourselves and our Posterity" require constitutional money and banking to protect Americans from the untoward economic and political consequences of unconstitutional money and banking.
4. All this being so, the question nevertheless remains: Why does America not have constitutional money and banking here and now?
So, if the Establishment wanted constitutional money and banking, America could, and would, have them tomorrow.
Ibn Hanbal founded the Hanbali school of law, and is one of four individuals
whose interpretations of the Qu'ran and the hadith (the sayings of
Muhammad and reports about his actions) the majority of Sunni Muslims
© 2006 Edwin Vieira, Jr.
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Edwin Vieira, Jr., holds four degrees from Harvard: A.B. (Harvard College), A.M. and Ph.D. (Harvard Graduate School of Arts and Sciences), and J.D. (Harvard Law School).
For more than thirty years he has practiced law, with emphasis on constitutional issues. In the Supreme Court of the United States he successfully argued or briefed the cases leading to the landmark decisions Abood v. Detroit Board of Education, Chicago Teachers Union v. Hudson, and Communications Workers of America v. Beck, which established constitutional and statutory limitations on the uses to which labor unions, in both the private and the public sectors, may apply fees extracted from nonunion workers as a condition of their employment.
He has written numerous monographs and articles in scholarly journals, and lectured throughout the county. His most recent work on money and banking is the two-volume Pieces of Eight: The Monetary Powers and Disabilities of the United States Constitution (2002), the most comprehensive study in existence of American monetary law and history viewed from a constitutional perspective. www.piecesofeight.us
He is also the co-author (under a nom de plume) of the political novel CRA$HMAKER: A Federal Affaire (2000), a not-so-fictional story of an engineered crash of the Federal Reserve System, and the political upheaval it causes. www.crashmaker.com
His latest book is: "How To Dethrone the Imperial Judiciary"
He can be reached at:
These changes cannot be expected to come through the courts. First, the judicial process is too slow to effect meaningful reforms before serious economic crises break out.