The Current Status of the Constitution and Government Compliance

When discussing the effectiveness and compliance of the Constitution, it's essential to explore the various interpretations and applications in different sectors of governance. The Constitution remains a cornerstone of the United States legal system, but its interpretations and applications can vary based on the evolving policies and actions of government entities.

Monetary System and Constitutional Laws

The Constitution is particularly significant when it comes to the monetary system. There are two constitutional laws that directly govern our money: Article 1, Section 8 of the U.S. Constitution and an exemption made in 1933 with HJR 192.

Article 1, Section 8

Article 1, Section 8 of the Constitution grants Congress the power to coin money and regulate its value. This means that Congress has the authority to control the value of the nation's currency and also to determine the value of foreign coins.

States' Limitations

According to the Constitution, no state is permitted to coin any currency but gold or silver coin. This means that states are prohibited from issuing their own currency, limiting their financial sovereignty.

Historical Overview

However, this rule was effectively nullified in 1933 and 1972. Gold coins over $100 have been unlawful since 1933, and silver coins ceased to be legal tender in 1972, with the exception of collector coins. This exemption highlights the flexibility of the Constitution to adapt to changing economic conditions.

Passage of HJR 192

HJR 192 was passed on June 5, 1933, which allowed for the suspension of gold maintenance standards, further altering the monetary system in the United States. This marked a significant shift in the federal government's control over monetary policy.

Perspectives on Constitution and Governmental Compliance

While the Constitution remains in effect, the extent to which government entities adhere to its provisions is a matter of debate. Some argue that the Constitution must be strictly followed, while others believe that certain provisions can be interpreted more flexibly or are subject to modern amendments due to lack of enforcement or public opinion.

Arguments for Strict Compliance

Supporters of strict constitutional compliance believe that the Constitution serves as a fundamental guideline for government actions. They argue that when the federal government ignores or bypasses certain constitutional provisions, it undermines the rule of law and the democratic principles upon which the country is founded.

Arguments for Flexibility

Others argue that the Constitution has evolved over time and that some provisions are outdated or need to be interpreted in light of modern circumstances. For instance, the federal government has expanded its powers significantly in areas such as national security, environmental protection, and healthcare, often operating beyond the original scope of the Constitution.

Local vs. Federal Government

Local government tends to be more responsive to public opinion and often seeks legal counsel on proposed laws and ordinances to avoid legal challenges. In contrast, the federal government's compliance with the Constitution is less evident due to its wider powers and limited judicial oversight. The federal government can only be sued with its consent in most cases, which limits external scrutiny.

Conclusion

The current status of the Constitution is an ongoing debate, with varying interpretations by different stakeholders. While the Constitution remains in effect, its practical applications and the degree of compliance by government entities can differ. The historical context of HJR 192 and the changing monetary system illustrate the broader implications of constitutional interpretation and the importance of maintaining a balanced and adaptable approach to governance.