(OPE-L) RE: Fed printing $ instead of U.S. Treasury

From: gerald_a_levy (gerald_a_levy@MSN.COM)
Date: Fri Dec 05 2003 - 03:43:52 EST


The following, from a right-wing site, is a rebuttal of the
interpretation previously advanced on the Net. Indeed,
it makes the exact _opposite_ argument.  (Try reading the
last paragraph first and then the rest if you are interested).

In solidarity, Jerry

|     There is some misconception on the Net regarding a Kennedy
| assassination theory which is wrong. I drafted the below to address this
| argument:
|
| Executive Order No. 11110
|
|  There is currently floating around the Net one theory of the Kennedy
| assassination based upon certain legal documents. According to this
| idea, Kennedy was assassinated because he was about ready to start
| issuing silver certificates; to prevent him from doing so, the "powers
| that be" had him killed. Please understand that what I offer below
| explaining the flaw of this argument does not mean that I am an
| apologist for the Fed or banking industry; it should be obvious from my
| site that I am not. I only offer these comments because this argument
| demonstrates just one of the completely erroneous arguments which are
| allegedly based upon the "law" but are not.
|
|  When Congress enacts a law, it often delegates authority to enforce and
| administer the law to some executive official, typically the President.
| Naturally, the President does not personally attend to such duties and
| must himself delegate to others within the Executive branch. The
| Agricultural Adjustment Act of May 12, 1933, was one of these acts and
| it permitted the President in 43 to issue silver certificates.
|
|  Public Law 673 enacted by Congress in 1950 allowed the President to
| delegate his statutory functions to others within the Executive branch.
| It provided:
|
| The President of the United States is hereby authorized to designate and
| empower the head of any department or agency in the executive branch, or
| any official thereof who is required to be appointed by and with the
| advice and consent of the Senate, to perform, without approval,
| ratification, or other action by the President (1) any function which is
| vested in the President by law, or (2) any function which such officer
| is required or authorized by law to perform only with or subject to the
| approval ratification, or other action of the President: ...
|
| Pursuant to this statutory authority, on September 19, 1951, President
| Truman issued Executive Order No. 10289, which delegated to the
| Secretary of the Treasury lots of the statutory duties of the President.
| This executive order provided in part as follows:
|
| By virtue of the authority vested in me by section 1 of the act of
| August 8, 1950, 64 Stat. 419 (Public Law 673, 81st Congress), and as
| President of the United States, it is ordered as follows:
|
| 1. The Secretary of the Treasury is hereby designated and empowered to
| perform the following described functions of the President without the
| approval, ratification, or other action of the President:
| (a) The authority vested in the President by section 1 of the act of
| August 1, 1914, c. 223, 38 Stat. 609, as amended (19 U.S.C. 2), (1) to
| rearrange, by consolidation or otherwise, the several customs-collection
| districts, (2) to discontinue ports of entry by abolishing the same and
| establishing others in their stead, and (3) to change from time to time
| the location of the headquarters in any customs-collection district as
| the needs of the service may require.
| (b) The authority vested in the President....
|
| Thereafter, this executive order listed another 8 statutory powers of
| the President which he was delegating to the Treasury Secretary, the
| substance of which is not important for this discussion. Please remember
| that this delegation to the Treasury Secretary was to be exercised
| "without the approval, ratification, or other action of the President."
| It should also be noted that this particular executive order did not
| delegate to the Treasury  Secretary the authority to issue silver
| certificates granted to the President in the 1933 law noted above.
|
|  From 1933 until 1963, the President alone possessed the statutory
| authority to issue silver certificates. But then on June 4, 1963,
| President Kennedy amended Truman's 1951 Executive Order No. 10289 by
| Executive Order No. 11110. This particular order read as follows:
|
| AMENDMENT OF EXECUTIVE ORDER NO. 10289
| AS AMENDED, RELATING TO THE PERFORMANCE OF
| CERTAIN FUNCTIONS AFFECTING THE
| DEPARTMENT OF THE TREASURY
|
| By virtue of the authority vested in me by section 301 of title 3 of the
| United States Code, it is ordered as follows:
|
| SECTION 1. Executive Order No. 10289 of September 19, 1951, as amended,
| is hereby further amended -
|
| (a) By adding at the end of paragraph 1 thereof the following
| subparagraph (j):
|
| (j) The authority vested in the President by paragraph (b) of section 43
| of the Act of May 12, 1933, as amended (31 U.S.C. 821 (b)), to issue
| silver certificates against any silver bullion, silver, or standard
| silver dollars in the Treasury not then held for redemption of any
| outstanding silver certificates, to prescribe the denominations of such
| silver certificates, and to coin standard silver dollars and subsidiary
| silver currency for their redemption," and
|
| (b) By revoking subparagraphs (b) and (c) of paragraph 2 thereof.
|
| SECTION 2. The amendment made by this Order shall not affect any act
| done, or any right accruing or accrued or any suit or proceeding had or
| commenced in any civil or criminal cause prior to the date of this Order
| but all such liabilities shall continue and may be enforced as if said
| amendments had not been made.
|
| JOHN F. KENNEDY
| THE WHITE HOUSE,
| June 4, 1963
|
| By this executive order, the statutory authority of the President to
| issue silver certificates was delegated to the Treasury Secretary. In
| Kennedy's administration, the Treasury Secretary was Douglas Dillon, a
| man from a banking family and known established power in the banking
| community. Kennedy delegated the authority to issue silver certificates
| to Dillon and his successors and this power could be exercised "without
| the approval, ratification, or other action of the President."
|
|  The only reasonable conclusion which may be reached based upon the
| facts are the exact opposite of the argument made on the Net. For some
| 30 years, the President himself held the power to issue silver
| certificates. But some 5 months before his assassination, Kennedy
| delegated this power to Dillon, and Dillon could do as he pleased with
| this power. To assert that Kennedy was by Executive Order No. 11110
| getting ready to issue silver certificates is contrary to the plain
| facts. Instead, Kennedy was surrendering this power and delegating it to
| the Treasury Secretary, who then (and as always) has been someone from
| the banking industry. There is no substance to this theory on the Net.


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