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Part I. Banking and Monetary Reform Explanation and Details |
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In a battle of knowledge between the lawyer-politicians and the public, the people fight unarmed. An elite group dominates through legal finesse. It holds the high ground, establishing rule with nothing more than technical words written on paper and a few simple principles adopted from Lex Mercatoria, nowhere officially recorded. Its real power emanates from control of America’s institutions, primarily those dealing directly with monetary and fiscal policy. Misuse of this power for its own purposes, with considerable encouragement from voters expecting to get something for nothing, led to the nation’s current economic predicament. The easiest way out of this mess requires new monetary and fiscal policies. Both systems desperately need renovation. Monetary policy controls money creation. Most of these rules have changed little since 1913 when they were first implemented. Despite the modern appearance of the buildings and shiny new computers of the nation’s financial institutions, our monetary system is antiquated. Modern computers process numbers faster but do not improve the system’s outdated fundamental operations. The proposed bill, the National Economic Stabilization and Recovery Act, increases the
efficiency of the monetary system and immediately eliminates part of the national debt. One way or
another, that $20 trillion debt, impossible to pay, must soon be discounted. Under current economic
conditions and systems’ rules, this requires either general depression or hyperinflation. Both methods
wipe debt off the books; both are painful processes. NESARA proposes a third method. By changing the
rules it offers an engineered solution to the problem rather than insisting on additional sacrifice from
those who have little more to contribute. |
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Modification of the nation’s monetary system starts with the definitions in Section 1 of Part I, Banking and Monetary Reform. Words often have legal definitions that differ from popular or colloquial usage. “Dollar” is a unit of measurement, specifically, a unit of weight equal to 371 and 1/4 grains. A price of ten dollars is semantically equivalent to a price of ten gallons. Gallons? Gallons of what? Practical applications demand an additional clarification. Individuals usually supply the answer through ignorance in the form of assumed knowledge. Their stock seems unlimited. Words build sentences. Sentences frame ideas. Ideas lawfully expressed in statutes become law. Changing definitions of words after the fact corrupts the law. The lawyer-politicians make effective use of this tactic with one exception—their attacks on the U.S. Constitution. In order for it to have reasonable construction the words in the Constitution must be taken at their obvious historical meaning. In 1824 Chief Justice Marshall wrote, “As men, whose intentions require no concealment, generally employ the words which most directly and aptly express the ideas they intend to convey, the enlightened patriots who framed our constitution, and the people who adopted it, must be understood to have employed words in their natural sense, and to have intended what they have said.”[1] On occasion, the lawyer-politicians, attempting to evade clear constitutional intent by changing the meaning of a word, encounter someone like Justice Mahlon Pitney of the 1920 Supreme Court. He declared that “Congress cannot by any definition it may adopt conclude the matter, since it cannot by legislation alter the Constitution, from which alone it derives its power to legislate, and within whose limitations alone that power can be lawfully exercised.”[2] Definitions are important. Misunderstanding the meaning of words used in the proposed bill might
result in an incorrect interpretation of the statute’s intent when it becomes law. Furthermore, all
definitions must conform to those used in the Constitution. Pay close attention to the specific
definitions given for “bills of credit,” “eagle,” “interest,” “lawful,” “legal,” “legal-tender,”
“money,” “payment,” “seigniorage,” “specie” and “tender.” All of the ideas found in
NESARA are based on the simple legal definitions of a few dozen words. |
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Section 3 of Part I acknowledges congressional control of the United
States monetary system. This authority originates with the Constitution, contained in its monetary
powers and disabilities:
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Section 5 of Part I identifies the Federal Reserve Act of 1913 as the Act amended by this bill, using its original provisions for the dissolution and recovery of assets of the Federal Reserve System. In effect, this section transfers all rights and ownership of whatever kind that anyone may have in the Fed, everything from the dust on its chandeliers to the spiders under its foundations, to the United States Government. It assimilates the existing Federal Reserve System into the United States Treasury as the United States Treasury Reserve System and creates a new Board of Governors. The character of this new Board is established by specifying that twelve of its thirteen officers are ordinary citizens representing their districts, a design patterned after the jury system. To encourage only conservative actions, NESARA reduces the current wide range of sometimes confusing and often conflicting objectives imposed on the existing Federal Reserve System to the single objective of maintaining a long-term, stable exchange value for the new treasury credit-notes. Every action by the new Board of Governors requires an affirmative vote by nine of its thirteen officers. Some of the Board’s prerogatives are expanded. The existing Federal
Open Market Committee of the Federal Reserve System is abolished, its powers and responsibilities
transferred to the new Board of Governors. Also, a special account within the United States Treasury
Reserve System called the Treasury Reserve Account is established, to be administered at its sole
discretion. |
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Section 6 of Part I renames the twelve existing private Federal Reserve Banks as Treasury Reserve Banks, now public entities. It establishes a requisition and accounting method for the Treasury to track the production and distribution of treasury credit-notes. Denominations larger than $100 are allowed, provided their circulation is not public. All financial instruments held by the twelve United States Treasury Reserve Banks shall be delivered to the Office of the Director of the Board of Governors of the Treasury Reserve System and exchanged for treasury credit-notes from the Treasury Reserve Account at an equivalent face value of one for one. These treasury credit-notes may then be used for the ordinary operating expenses of the Treasury Reserve Banks. This will effectively eliminate or keep the necessary charges for their services very low for an extended period. It also provides one method of slowly releasing them into general circulation, preventing economic shock. Once these funds have been expended, the Treasury Reserve Banks must charge a sufficient amount for their services to remain self-supporting. As the obligations of the United States are received in the Office of the Director of the Treasury Reserve System, they will be delivered to the Secretary of the Treasury. Appropriate action by the Secretary cancels them out of existence. Notice that all commercial instruments other than those of the United States, such as private commercial paper and the financial instruments of other nations, remain under the control of the Board of Governors of the Treasury Reserve System. The Office of Comptroller of the Currency becomes responsible for regulation of the United States Treasury Reserve Banks. Except for an absolute prohibition against making dispersals from accounts that contain no funds, they continue normal operations. Their exact status is deliberately left as an open question. The Comptroller of the Currency may operate them under commercial contracts or the current staff might become government employees. It is contemplated that, at some future time, their physical assets and ordinary banking functions might be sold back into the private sector. This option should be kept open. United States Treasury Reserve Banks now operate as direct agents of the Treasury. They obtain the
standard gold and silver coin from the Treasury as it becomes available. Individuals may exchange their
paper currency for coin at the published ratios. |
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Section 7 of Part I compensates the former owners of the private Federal Reserve Banks for cancellation of their outstanding capital stock. They are paid in newly printed treasury credit-notes at the price previously fixed by law. Stock not redeemed in 90 days becomes worthless. All government obligations, both foreign and domestic, held by the nation’s commercial banks are exchanged for treasury credit-notes, on a dollar for dollar basis, with their district Treasury Reserve Banks. Ultimately, the Secretary of the Treasury cancels the U.S. obligations. The new law prohibits commercial banks from purchasing or holding the income-producing instruments of the United States, or those of other nations, effectively eliminating much of their influence on monetary policy. These actions amount to a direct reduction of the public debt, and at virtually no cost. To see how this is accomplished, follow the money’s path. The Treasury prints new money, swapping it for the government’s income-producing obligations held by the old Federal Reserve System. When this system is absorbed into the Treasury, it gets that money back, essentially paying itself for its own obligations with a small printing cost. Using this money again, the Treasury buys its income-producing obligations currently held by more than ten thousand of the nation’s banks, either as fractional reserves or for their own investment accounts. The Secretary of the Treasury then cancels these government obligations, eliminating billions of dollars of public debt. By limiting commercial bank reserves to treasury credit-notes, which produce no direct income, the national economy remains largely unaffected. Most of the exchanged treasury credit-notes rest quietly in bank vaults as reserves, out of the stream of commerce. Because they are not in public circulation, they do not bid the price of consumer goods higher. Swapping treasury credit-notes for the government’s income-producing obligations is remarkably fair. It prevents taxpayer support of the banks through double use of the same funds, first as income producers for the banks and then as an expansion base for the banks’ monetization of the public’s debt. From now on, commercial banks must earn their living through direct service to the community, not at taxpayers’ expense. Similarly, the private debt of the American people can be reduced by astronomical amounts simply by requiring repayment of principal on secured loans before a bank begins to earn the monetization-fee and by prohibiting compounded monetization-fees. These rules would only apply to financial institutions that make secured loans on a fractional reserve basis. Such loans are nothing more than monetization of the borrower’s own debt, an extension, not of bank credit, but of the national credit through the bank’s license to create money. Current loan equations based upon compounded interest:
where:
where:
New loan equations based upon simple monetization fee:
where:
Applying these rules to outstanding loans immediately reduces the private debt of the American people. Lowering the debt-service burden associated with secured loans allows an ordinary working family a modern lifestyle it can afford. It also assures that the banks fulfill a very necessary “public purpose” which, as the Supreme Court noted in 1896, was the reason for their creation by the government. Banks are compensated for this midstream change in rules in several ways—by a monthly service charge not exceeding 25 dollars, retroactively and on future loans, and by origination fees and points on new loans. Discount points are limited to a maximum of 5 percent of the principal loan amount and reduced proportionally as the annualized rate of the monetization-fee increases. This encourages low rates. Under these rules, and in the absence of fraud, bank failures and taxpayer bailouts become a thing of the past. It will be almost impossible to suffer loss on a secured domestic loan with the principal paid up front. And, in contrast to the perpetual expansion of compounded interest charges, the new repayment equations always converge to zero under any repayment plan. Defaults occur only if the borrower fails to make the payments specified in the original contract or to arrange for new terms through renegotiation. The Office of the Comptroller of the Currency is responsible for the day-to-day regulation and normal operation of the nation’s commercial banks. With all regular banking operations controlled from this office, the Board of Governors of the Treasury Reserve System can concentrate on monetary policy. Several restrictions are imposed by Congress on all financial institutions operating within the jurisdiction of the United States. To avoid the appearance of impropriety they may not grant loans to themselves nor to their directors, major stockholders, officers or employees or to members of their immediate families. To reduce public confusion, and the opportunity for mismanagement of funds, separate accounts of record must be maintained for each type of currency. Converting funds between any two of the three different types of accounts requires the written authorization of the owner. To avoid legal confusion with credit-note dollar accounts, all such accounts are general warrant deposits—fungible accounts allowing banks to return property like-for-like, and all demand credit-note dollar accounts are strictly custodial accounts. Deposits to other types of credit-note dollar accounts, such as certificates of deposit, require the depositor to be informed about and acknowledge the account contractual status. This helps to avoid confusion with credit-note dollar accounts. All gold and silver accounts are custody accounts only, the ownership of these funds remaining vested in the depositor. These specie accounts earn no income because they can never be used as fractional reserves for credit expansion or as the basis for loans. A financial institution may even impose service charges for their maintenance. Checkable accounts or travelers checks on gold or silver accounts are strictly prohibited, blocking another avenue for fraudulent activity. On the positive side, gold and silver accounts help satisfy Congress’s moral and constitutional obligations for creating a lawful currency system. Individuals not wishing to participate in a fractional reserve money system have a clear alternative. If a financial institution fails, the owners of gold and silver accounts receive preferential treatment for recovery of their funds. Such accounts may also prove useful in international trade. This bill forces no one to use hard currency. A casual look at the figures and that impractical dream of the ‘goldbugs’ evaporates like dew in the hot morning sun. The United States holds a trifle more than 260 million troy ounces of gold as monetary reserves, roughly 28 percent of the world’s total, or about one eagle for every citizen. Selling it at $400 per ounce, above the current market price, raises only a little more than $100 billion. That amount pays approximately five months interest on the nation’s outstanding debt. What about silver? True, the U.S. Treasury owns more silver than gold but it is worth much less. The world’s total reserve base is only about 420,000 metric tons. Coin all of it into silver dollars, nearly 17.5 billion of them, and sell them at $4 each, a little more than the current market price. The total, $70 billion, will not pay the interest charge on the national debt for four months. Merely hinting that the United States intended to sell all its gold and silver at market prices would drop their value into the cellar. Mining stocks would plummet. Gold and silver mines would close as their operation became unprofitable. It would be much cheaper to mine the U.S. Treasury. Monetizing all the nation’s gold and silver will not pay any portion of the national debt. Bank accounts in lawful money will be restrictive, earn no interest and may suffer the insult of maintenance charges. It is most unlikely that specie will return to general circulation. Much of it remained in bank vaults even while the nation was on various metallic standards. Facing these difficulties, why bother with a complex system using three types of currency? With a cast of characters selected and the stage set, use your imagination and let the play begin. Suppose Congress instructs the Treasury to sell small-denomination, nontransferable interest-bearing gold and silver savings bonds to U.S. citizens through their bank specie accounts. These bonds are redeemable in 5 to 20 years, interest paid annually, calculated in specie but paid in treasury credit-notes at the current exchange-ratio. Americans could exchange their paper currency for lawful money, deposit the coin in a specie bank account, then convert those funds to interest-bearing gold or silver savings bonds. This immediately creates a tremendous circulating market for the Treasury’s gold and silver coin, most of which never leaves the vaults. The sale of $50 billion in specie bonds at par removes that amount in paper currency from general circulation. Under the new banking rules, the bonds are nontransferable, thus the bonds never enter the stream of commerce and cannot replace the paper currency. Nor under the new banking rules can the bonds be used as bank reserves. Due to the expansion factor built into the fractional reserve monetary system, the nation’s available currency and credit drops, perhaps by $500 billion. At the least such a move is sharply deflationary, and probably recessionary. Since the nation’s aggregate of currency and credit is only about $3,000 billion, the government would have to increase the money supply before the economy collapsed. Suppose Congress decides to accomplish that increase by redistributing the proceeds from the bond sales as restricted bank reserves, setting the restricted reserve requirement at 10 percent. State and local governments could borrow funds for infrastructure projects from local banks equal to 10 times the reserve amounts (provided local taxpayers agree to new taxes to repay the loans). Everybody wins. The federal government, using the bullion now collecting dust at the Treasury, redirects a significant portion of net national production toward rebuilding a crumbling America, new roads, bridges, and other public facilities including water supply and waste disposal plants. Bankers earn a fee for handling the transaction. Voters once again get back into the loop. Proposed projects die without local approval. Lastly, because principal is repaid before the monetization-fee, low debt-service factors on long-term projects keep the cost down and local taxes low. If this strategy seems vaguely familiar, it should. Jay Cooke would recognize it as the flip side of his plan to finance the Civil War. In this instance the government leverages its gold and silver to generate billions of dollars for much-needed capital improvements. Wise selection of public projects will increase national efficiency, ultimately lowering the nation’s debt. The financing technique employed is an adaptation of the Guernsey plan. It keeps local bankers and voters directly involved where it counts the most, their pocketbooks. Other versions of this general strategy may apply in international commerce. A foreign nation—China, Russia, India, South Africa—having gold and needing technological assistance and investment capital for infrastructure projects might find both in an American corporate partner. Suppose that the foreign gold is delivered to the U.S., coined and deposited in a gold account. With Congressional approval, those funds are converted to gold savings bonds, the proceeds being designated as restricted bank reserves for a loan to finance a specified project. Everybody wins again. The foreign partner gets an infrastructure project—a national communications system, power production or transmission facilities, a water or sewage treatment plant, heavy construction equipment, etc.—financed at a very low debt-service burden. An American corporation gets a major international sale, creating local jobs and reducing this nation’s trade deficit. The bank earns its fee and, after loan repayment, the gold is returned with interest, or perhaps recycled into a new project. When conventional solutions fail, consider creative alternates. Fair deals work for everybody.
Foreign aid projects that benefit the American taxpayer while helping others make good sense. |
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Section 12 of Part I deals with enforcement of the Act. Willful violation of its monetary and fiscal responsibility provisions resulting in aggregate losses exceeding 5,000 dollars in any 12-month period is a felony. The penalty for each conviction is a fine not exceeding 5,000 dollars, or a term of imprisonment of not more than 5 years, or both. Each conviction for willfully counterfeiting or circulating substandard silver or gold coin earns a fine not exceeding 10,000 dollars, or a term of imprisonment of not more than 20 years, or both. Although not the death penalty imposed by the Founding Fathers in the Coinage Act of 1792, this is definitely enough to get one’s attention. Other provisions of this section encourage citizen enforcement. A reward of 10 eagles is offered for
providing information leading to the conviction of one or more individuals in willful violation of its
provisions. The redemption by the United States Treasury on demand in specie of any new United States
Silver Certificates or United States Eagle Certificates produced under this legislation is paramount for
a moral monetary system. Congress therefore directs that the Treasury shall pay a penalty of 5 eagles
for any failure in this regard. |
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Section 13 of Part I simply repeals all previous
legislation or any parts of previous legislation inconsistent with the provisions of this part. |
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Footnotes 1 Opinion of Chief Justice John Marshall, Gibbons
v. Ogden, 22 U.S. 1, 6 L Ed 23, p. 68 |
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NESARA-The Bill, Part I
NESARA-The Bill, Part II
Sponsored by the NESARA Institute
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