Of all the constitutional questions working their way up through the federal courts — and there are some big ones — the case that has our attention at the moment is the motion by Bernard Von NotHaus to have set aside his conviction of counterfeiting coins. It is true that the Obamacare lawsuits are raising a profound question, whether the government has the power to punish an American for not engaging in commerce by failing to purchase health insurance. It is true that the litigation over Arizona’s immigration law tests whether states can deal directly with illegal immigration. But it is hard to think of a more basic question than that being raised by Von NotHaus in respect of whether the government has the power to outlaw private coinage of money.
The issue was raised by Von NotHaus’ conviction in March of two counts related to his issuing of silver medallions called Liberty Dollars. There were no complaints from the persons who bought Liberty Dollars or took them in exchange for goods. The fact is that Liberty Dollars have held their value even while the value of the fiat dollars issued by the Federal Reserve has plunged, to barely a fifth the value of what they were worth at the start of, say, the Bush administration. This is not lost on anyone looking at the case. One can imagine that this humiliation was keenly felt by the federal government that brought charges against Von NotHaus. It’s hard to see why else the government would have brought charges.......read on
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