The Death of the Constitution: Structure of Government (are Articles I, II, and III COMPLETELY MEANINGLESS)


Bank of America Consent Order 11-029-B-HC 04-13-2011

What has happened to the three part division of functions and separation of powers of the Federal Government in the Constitution?  Article I: Legislative, Article II: Executive, Article III: Judiciary.  The above linked and attached “Consent Order” is issued in the name of the “UNITED STATES OF AMERICA” like any Article III judicial court, but the Court that issued it is the “BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM, WASHINGTON, D.C.”.   This was all news to me: the Federal Reserve Board of Governors Acts as a Court and has its own Docket of cases, decisions of which have the force and effect of law?

The Federal Reserve System’s structure consists, at the top, of the presidentially appointed Board of Governors (or Federal Reserve Board) and the Federal Open Market Committee (FOMC). There are twelve regional Federal Reserve Banks located in major cities throughout the nation (A = Boston, B = New York, C= Philadelphia, D = Cleveland, E = Richmond, F = Atlanta, G = Chicago, H = St. Louis, I = Minneapolis, J = Kansas City, K = Dallas, L = San Francisco—note the close coordination between these Federal Reserve Banks and the 9 U.S. Circuit Courts of Appeal 1 = Boston, 2 = New York, 3 = Philadelphia, 4 = Richmond, 5 = New Orleans (Dallas), 6 = Cincinnati (Cleveland), 7 = Chicago, 8 = Minneapolis, 9 = San Francisco).  At the bottom of the hierarchy there are numerous privately owned U.S. member banks and various advisory councils.

The Federal Open Market Committee takes nominal (but never “legal”) responsibility for setting monetary policy.  This “FOMC” consists of all seven members of the Board of Governors and the twelve regional bank presidents, though only five bank presidents vote at any given time (one wonders whether this is to diffuse any personal or legal liability for setting any particular policy?).  The Federal Reserve System has both private and public components, and was designed to serve the interests of both the general public and private bankers.

The result is a structure that is unique among central banks (indeed, among any kind of corporate or political hierarchy at all).  The Federal Reserve Banking System differs from all others (of England/UK, France, Germany, Italy for instance) in that an entity outside of the central bank, namely the United States Department of the Treasury, creates the currency used—again, this appears to be a stratagem to diffuse responsibility and liability.  HOW IS ANY OF THIS EVEN REMOTELY CONSISTENT WITH THE UNITED STATES CONSTITUTION?

According to the Board of Governors, the Federal Reserve “acts independently  within the government” in that “its monetary policy decisions do not have to be approved by the President or anyone else in the executive or legislative branches of government.” The authority of the Federal Reserve Banking System derives from statutes enacted by the U.S. Congress and the System is subject to congressional oversight. Like members of the President’s Cabinet, Article III Judges, and Ambassadors to Foreign Nations, the members of the Board of Governors, including its chairman and vice-chairman, come to office only when nominated by the President and confirmed by the Senate.

The government also exercises some nominal (or is it actual and total?) control over the Federal Reserve by appointing and setting the salaries of the system’s highest-level employees. Thus the Federal Reserve retains both private and public aspects. The U.S. Government receives all of the system’s annual profits, after a statutory dividend of 6% on member banks’ capital investment is paid, and an account surplus is maintained. In 2010, the Federal Reserve made a profit of $82 billion and transferred $79 billion to the U.S. Treasury.

What is amazing here is that, the way I see it, the REAL power triangle of the Federal Government is NOT Article I Legislative, Article II Executive, and Article III Judiciary, but Federal Reserve Board, Internal Revenue Service, and Social Security Administration.  

EACH of these “independent, quasi-governmental” entities set their own regulation by publication in the daily issued “Federal Register” (codified in the Code of Federal Regulations or “CFR”) and they make these regulations under “general” grants of authority by Congress and subject to the “general” supervision of Congress, the President, and the Courts.  (All three Constitutional Branches of government are at least NOMINALLY empowered to supervise the “extra-constitutional” branches of government).  

But each “extra-constitutional” branch of government also as enforcement (i.e. executive) powers and ITS OWN INTERNAL ADMINISTRATIVE COURTS (governed by Title 5 of the United States Code and the “Administrative Procedure Act”, among other provisions of the U.S. Code such as Title 12 for Banking, Title 15 for Commerce, and the vast Title 42 for “Public Health and Welfare”—which also, bizarrely enough, includes not only Social Security but Civil Rights, and the completely extra-constitutional and “liberty inconsistent” mandates for Environmental Regulation and Control over the Family and Probate Law systems of each state).

Where are the Senators and Congressmen and State Legislators trying to bring this behemoth within the Constitution again?  Why are high school students not taught that the three part system of REAL (DE FACTO) government in this Country consists of the Federal Reserve System, the Internal Revenue Commission, and the Social Security Administration under the Commissioner of Social Security and the Department of Health & Human Services? 

How do nullificationists and “Tenthers” (including my friends Michael Boldin and Bryce Shonka at the wonderful Tenth Amendment Center here in Los Angeles, actually expect to restore power to the states when the states are directly complicit in this constitutional breakdown and are constantly feeding at the unconstitutional troughs of general revenue and social security? (See my “white paper”: WHEN THE VALID PUBLIC DEBT IS QUESTIONED CONGRESS MUST ANSWER CEL 08-09-2011—arguing among other things that the States expressly consented to abrogate their own sovereignty with contractual finality when they accepted Social Security; and OUTLINE FOR COMPLAINT—Draft 08-17-2011 (Legislative Immunity was abolished by the Fourteenth Amendment where the Validity Public Debt is Questioned).  I had the privilege of speaking at the February 2010 Tenth Amendment Center Conference in Atlanta last year, and I asked this question to an audience of States Rights Advocates—and they had no answer…… it was discouraging….

The American People need to reclaim their control over the government, and by definition, a government entirely outside of the Constitution is entirely beyond the control of the people. The three-part division of government between the Federal Reserve System, the IRS and Commissioner of Internal Revenue, and the Social Security Administration and its own phony “Board of Trustees” which is just as fake as the Board of Governors of the Federal Reserve System as a pretense of responsible administration of powers) is as oppressive as it is fraudulent, and it is inimical to a Democratic-Republican form of government.  

Is this the culture we deserve?  I think not.

If you would like to help the fight for “corny old values” like Truth, Justice, and the American Way, for Family, Home, and Freedom, and to add one Senator for the Bill of Rights and against Indefinite Detention, against the PATRIOT ACT, and against the use of United States Troops in this Country against its own citizens, please support Charles Edward Lincoln, III, for U.S. Senator from California.  We are fighting one of the most entrenched establishment seats in Congress—Dianne Feinstein who tried to make cosmetic changes in S.B. 1867 to hide and disguise its truly oppressive nature (and to claim she had “done the best she could”, perhaps?)—and we ask you to send your check or money order to Lincoln-for-Senate 2012 to Charles Edward Lincoln, III, 952 Gayley Avenue, #143, Los Angeles, California 90024.  Call 310-773-6023 for more information. 

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