Steph Boucher
I was reading something on the Feds and stubbled on this I'm my research. What do you guys, Admiral, Captain think of this?;
One of the most important Maxim�s of law is simply thatthe creator controls.
When applied to the Federal Reserve System, we can simply read the Federal Reserve Act (primary source) and come to no other conclusion than that the Federal Reserve Board and system was indeed created by Congress. Thus, it is patently incorrect to state that the Federal reserve is independent or separate from government, without first stating that such forms (titles) of independence and separation are only what Congress (the creator) allows in its statutes. Under no circumstances does the Fed act �outside of the law�, for in law the creator always controls.
Inversely, there stems confusion by the fact that the Federal Reserve Board is allowed by its creator to make its own rules.
Our Maxim�s of law also state that a fiction of law can make no law. In other words, the law-maker (congress) creates fictions of law, which in turn being creations (fictions) of law, have no power to make laws themselves. This is the role of the Federal Reserve.
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�There is no fiction without law�
�Fictions arise from the law, and not law from fictions.�
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Bouvier�s 1856 Dictionary of Law defines what a Fiction Of Law is:
FICTION OF LAW � The assumption that a certain thing is true, and which gives to a person or thing, a quality which is not natural to it, and establishes, consequently, a certain disposition, which, without the fiction, would be repugnant to reason and to truth. It is an order of things which does not exist,but which the law prescribe; or authorizes. It differs from presumption, because it establishes as true, something which is false; whereas presumption supplies the proof of something true�The law never feigns what is impossible � fictum est id quod factum non est sed fieri potuit. Fiction is like art; it imitates nature, but never disfigures it it aids truth, but it ought never to destroy it. It may well suppose that what was possible, but which is not, exists; but it will never feign that what was impossible, actually is. Fictions were invented by the Roman praetors, who, not possessing the power to abrogate the law, were nevertheless willing to derogate from it, under the pretense of doing equity. Fiction is the resource of weakness, which, in order to obtain its object, assumes as a fact, what is known to be contrary to truth: when the legislator desires to accomplish his object, he need not feign, he commands. Fictions of law owe their origin to the legislative usurpations of the bench. 4. It is said that every fiction must be framed according to the rules of law, and that every legal fiction must have equity for its object. To prevent, their evil effects, they are not allowed to be carried further than the reasons which introduced them necessarily require. The law abounds in fictions�
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Chris Evan
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Steph Boucher
Steph Boucher
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Steph Boucher