Memorandum of Law
Memorandum of Law
1. Conn. Const. art. 1, § 10 All courts shall be open, and every person, for an injury done to him in his person,
property or reputation, shall have remedy by due course of law, and right and justice administered without sale,
denial or delay
2. U.S. Const. Art. I, Sec. 10, cl 1: “No State shall enter into any Treaty, Alliance, or Confederation; grant Let-
ters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Ten -
der in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Con-
tracts, or grant any Title of Nobility”
3. Act of March 9, 1933 (Emergency Banking Relief Act), Public Law 73-1, 48 Stat. 1 established fact that the
United States Federal Government has been dissolved, declared by President Roosevelt, being bankrupt and in-
solvent.
4. 73rd Congress, Session 1, Congressional Record, March 9, 1933 on HR 1491 p. 83. "Under the new law the
money is issued to the banks in return for government obligations, bills of exchange, drafts, notes, trade accep-
tances, and bankers acceptances. The money will be worth 100 cents on the dollar, because it is backed by
the credit of the nation. It will represent a mortgage on all the homes, and other property of all the people
of the nation.” “The money so issued will not have one penny of gold coverage behind it, because it is really
not needed.” “The gold that is given up by the people in the present crisis should be used to issue additional
money upon which the people will not have to pay interest while it is in circulation.”
5. June 5. 1933, ch. 48, § 1, 48 Stat. 112, (a) Every provision contained In or made with respect to any obliga-
tion which purports to give the obligee a right to require payment In gold or a particular kind of coin or
currency, or in an amount in money of the United States measured thereby, is declared to be against pub-
lic policy; and no such provision shall be contained in or made with respect to any obligation hereafter in-
curred. Every obligation, heretofore or hereafter incurred, whether or not any such provision is contained
therein or made with respect thereto, shall be discharged upon payment, dollar for dollar, in any coin or cur -
rency which at the time of payment Is legal tender for public and private debts. Any such provision con-
tained in any law authorizing obligations to be issued by or under authority of the United States is hereby re-
pealed, but the repeal of any such provision shall not Invalidate any other provision or authority contained in
such law.
(b) As used in this section, the term “obligation" means an obligation (including every obligation of and to
the United States, excepting currency) payable in money of the United States; and the term "coin or cur -
rency" means coin or currency of the United States, including Federal Reserve notes and circulating
notes of Federal Reserve banks and national banking associations.
6. U.S. Const. amend. XIV, § 4. The validity of the public debt of the United States, authorized by law, ...shall not
be questioned
7. House Joint Resolution (HJR-192) of June 5, 1933, 48 Stat. 112 - suspended the gold standard and abrogated
the Gold Clause
8. U.S. Const. amend. XIV, § 2. No State shall make or enforce any law which shall abridge the privileges or im-
munities of citizens of the United States
9. 645, 62 Stat. 685 of June 25, 1948; Obligation or Other security of the United States includes all bonds,
certificates of indebtedness, national bank currency, Federal Reserve notes, Federal Reserve bank notes,
coupons, United States notes, Treasury notes, gold certificates, silver certificates, fractional notes, certificates of
deposit, bills, checks, or drafts for money, drawn by or upon authorized officers of the United States, stamps
and other representatives of value, of whatever denomination, issued under any Act of Congress, and canceled
United States stamps.
10. Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 945 - Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 945 “The faith of the
United States Government is pledged to pay, in legal tender, principal and interest on the obligations of the
Government”
11. Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 948 § 3113(a) and § 3113(e)(2) of Pub. L. 97–258, Sept. 13, 1982, 96
Stat. 943 if the gift or transfer to the Government is subject to a gift or inheritance tax, the Secretary shall pay
the tax out of the proceeds of redemption. Secretary shall redeem a direct obligation of the Government….
when given to the Government, to reduce the public debt
12. Sections 5(b)(2) and 7(e), Trading with the Enemy Act, October 6, 1917, ch. 106, 40 Stat. 411 “Any pay-
ment, conveyance, transfer, assignment, or delivery of property or interest there-in, made to or for the account
of the United States, or as otherwise directed, pursuant to this section or any rule, regulation, instruction, or di -
rection issued hereunder shall to the extent thereof be a full acquittance and discharge for all purposes of the
obligation…”
13. Pub. L 95-147, Oct 28, 1977, 91 Stat. 1227, National Associations, Institutions, State chartered Banks, Credit
Unions are fiscal agents, and depositories of public money for the United States.
14. 86 FR 3685, Jan. 14, 2021 [8 CFR § 28.203-1] 8 CFR § 28.203-1, (a)Individual surety is acceptable for all
types of bonds except position schedule bonds (b)The security interest shall be furnished with the bond
15. 80 FR 74898, 74911, Nov. 30, 2015, as amended at 80 FR 74912, Nov. 30, 2015[237.6(a)(2)(ii)] Eligible col-
lateral
16. Paragraphs (2) and (3), of May 27, 1933, ch. 38, title I, § 3, 48 Stat. 75; [15 U.S. Code § 77c (a)] Exempt
Securities
Includes any Security Issued by the United States, Includes any note, draft, bill of exchange, or banker’s accep-
tance which arises out of a current transaction
17. Silesian-American Corp v. Clark, 332 U.S. 469 (1947) “The Constitution guarantees to friendly aliens the
right to just compensation for the requisitioning of their property by the United States, and it must be assumed
that the United States will meet its obligations under the Constitution.”Pp. 332 U. S. 479-480.
18. Sherman Anti Trust Act, July 2, 1890, ch. 647, § 2, 26 Stat. 209; July 7, 1955, ch. 281, 69 Stat. 282 26 Stat.
209 (1890), Monopolizing trade a felony;
19. UCC § 3-503 -Notice of dishonor may be given by any person; may be given by any commercially reasonable
means, including an oral, written, or electronic communication; and is sufficient if it reasonably identifies the
instrument and indicates that the instrument has been dishonored or has not been paid or accepted
20. Pub. Law 94-564—OCT. 19, 1976. Public Law 94-564 - U.S. Chapter 11 reorganization, lacking the sol-
vency to pay any debt at all.
21. U.S. Const. Art. II, Sec. 3 “Faithful Execution”
22. UCC § 3-603(b) - If tender of payment of an obligation to pay an instrument is made to a person entitled to en-
force the instrument and the tender is refused, there is discharge, to the extent of the amount of the tender.
23. UCC§ 9-203(f) [Proceeds and supporting obligations.] The attachment of a security interest in collateral gives
the secured party the rights to proceeds provided by Section 9-315 and is also attachment of a security interest
in a supporting obligation for the collateral.
24. UCC UCC § 9-315(c) - A security interest in proceeds is a perfected security interest if the security interest in
the original collateral was perfected
25. CFR § 1.150-1 - Bond means any obligation of a State or political subdivision thereof ,Obligation means any
valid evidence of indebtedness under general Federal income tax principles.
26. The Federalist No. 27- in regard to the requirement that state officers, as well as members of the state legisla -
tures, being bound by oath or affirmation to support the Constitution, Alexander Hamilton wrote: Thus the leg-
islatures, courts, and magistrates, of the respective members, will be incorporated into the operations of the na -
tional government as far as its just and constitutional authority extends; and it will be rendered auxiliary to the
enforcement of its laws.
27. “That the "giving of a (federal reserve) note does not constitute payment.” Echart v. Commissioners C.C.A 42
Fd2d 158
28. "That Legal Tender (federal reserve) notes are NOT good and lawful money of the United States. Rains v. State,
22 S.W. 189.
29. "That (federal reserve) 'Notes do not operate as payment in the absence of an agreement that they shall consti -
tute payment.” Blachshear Mfg. Co. v Harrell. 12 S. E. 2d 766.