12 votes

How About A Lawsuit To Get The Federal Reserve Act Declared Unconstitutional?

Seeing as a judge recently declared part of the NDAA unconstitutional, couldn't we try to have the Federal Reserve Act declared unconstitutional as well?

Perhaps some of the attorneys here could contribute some ideas for lawsuits that might achieve such a goal (or correct me if the idea is not a sound one).

Dennis Kucinich points out how Article 1, Section 8 places with the legislature the power to coin money (and to regulate its value). It seems the legislature has abdicated its responsibility in this regard, a responsibility it should not be allowed to abdicate without a Constitutional amendment.

Perhaps our best chance to end the Fed is to have the law thrown out in court.

Maybe we need dozens, even hundreds, of lawsuits, from any and every angle, to maximize our chances. In the end, we would need just one successful one in order to do the job.

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I think Icelanders had a better idea

Let's petition a thug to have

Let's petition a thug to have the powers of thugs reduced.

With All Due Respect

I think that's a bit of a fool's errand, plus we'd be better off focusing our efforts on the Federal Reserve Act.

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"Bipartisan: both parties acting in concert to put both of their hands in your pocket."-Rothbard

Another way

to go about it is using state nullification which Dr. Paul often advises.

http://www.libertyclassroom.com/nullification/


What is it?

State nullification is the idea that the states can and must refuse to enforce unconstitutional federal laws.

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U.S. Constitution

Article I, Section 10 -- No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility.
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States can't make anything but gold or silver legal tender for payment of debts. Look at a dollar bill and see if you can find the words "legal tender" on it. Now ask yourself what is gold or silver about it?

EDIT: Actually, now that I think about it nullification wouldn't apply here. There is no federal law that makes Federal Reserve Notes legal tender. States (court judges) simply need to stop accepting them as such for payment of debt.

fireant's picture

We're beyond the courts helping.

We The People are more powerful than the courts, and these macro issues have to be determined by the People. The only way to do battle is educate and increase numbers.
Having said that, your expressed strategy I agree with on paper. The problem is having the resources to flood the courts. Once again, the problem goes back to not having enough people.

Undo what Wilson did

Sherman Anti-Trust Act: $10 Million fine & 3 years in the pokey.

The Sherman Antitrust Act (1890)

Section 1. Trusts, etc., in restraint of trade illegal; penalty

Every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce among the several States, or with foreign nations, is declared to be illegal. Every person who shall make any contract or engage in any combination or conspiracy hereby declared to be illegal shall be deemed guilty of a felony, and, on conviction thereof, shall be punished by fine not exceeding $10,000,000 if a corporation, or, if any other person, $350,000, or by imprisonment not exceeding three years, or by both said punishments, in the discretion of the court.
Back to the top Section 2. Monopolizing trade a felony; penalty

Every person who shall monopolize, or attempt to monopolize, or combine or conspire with any other person or persons, to monopolize any part of the trade or commerce among the several States, or with foreign nations, shall be deemed guilty of a felony, and, on conviction thereof, shall be punished by fine not exceeding $10,000,000 if a corporation, or, if any other person, $350,000, or by imprisonment not exceeding three years, or by both said punishments, in the discretion of the court.

Section 3. Trusts in Territories or District of Columbia illegal; combination a felony

Every contract, combination in form of trust or otherwise, or conspiracy, in restraint of trade or commerce in any Territory of the United States or of the District of Columbia, or in restraint of trade or commerce between any such Territory and another, or between any such Territory or Territories and any State or States or the District of Columbia, or with foreign nations, or between the District of Columbia and any State or States or foreign nations, is declared illegal. Every person who shall make any such contract or engage in any such combination or conspiracy, shall be deemed guilty of a felony, and, on conviction thereof, shall be punished by fine not exceeding $10,000,000 if a corporation, or, if any other person, $350,000, or by imprisonment not exceeding three years, or both said punishments, in the discretion of the court.

Section 4. Jurisdiction of courts; duty of United States attorneys; procedure

The several district courts of the United States are invested with jurisdiction to prevent and restrain violations of sections 1 to 7 of this title; and it shall be the duty of the several United States attorneys, in their respective districts, under the direction of the Attorney General, to institute proceedings in equity to prevent and restrain such violations. Such proceedings may be by way of petition setting forth the case and praying that such violation shall be enjoined or otherwise prohibited. When the parties complained of shall have been duly notified of such petition the court shall proceed, as soon as may be, to the hearing and determination of the case; and pending such petition and before final decree, the court may at any time make such temporary restraining order or prohibition as shall be deemed just in the premises.

Disclaimer: Mark Twain (1835-1910-To be continued) is unlicensed. His river pilot's license went delinquent in 1862. Caution advised. Daily Paul

sharkhearted's picture

Great idea.

We need to flood the courts with lawsuits on these issues.

We certainly can't wait for Congress to act.

~Chris
Norfolk, VA

Time to INVESTIGATE the investigators of 9/11. PROSECUTE the prosecutors. EXPOSE the cover-up.

Good luck. This has been

Good luck. This has been tried in various way over the years. Many different tax reform groups have walked up to whatever Fed building and tried to sue the government under the redress of grievances clause in the first amendment only to have the doors literally shut on their face. They don't even accept the paperwork, they just kick you out.

I highly doubt SCOTUS would rule it.

However If you look into the Federal Reserve Act of 1913 Congress has made In Law in Sec 16 that one may Redeem their Fed notes for Lawful money on Demand. Imagine if everyone did that The fed would be paying off the National Debt.

check out this for more info.

http://www.dailypaul.com/254983/redeemed-lawful-money

http://savingtosuitorsclub.net/

His name is Edward Snowden

What is Capitalism?
http://youtu.be/yNF09pUPypw

A waste of resources.

The People's Court won't even declare a "mandate to purchase" under Obamacare unconstitutional. Do you think there's any possibility they'd even review the 100 year old FRA? Forget it.

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"Make the lie big, make it simple, keep saying it, and eventually they will believe it." -- Joseph Goebbels