How does the Constitution support this process?
- Wealth Guranted
- Oct 27
- 2 min read
The 12-411 process is grounded not only in statutory law—namely 12 U.S.C. § 411—but also in constitutional principles that have existed since the founding of the United States. Here’s how the Constitution supports the 12-411 process:
1. Article I, Section 8 – Powers of Congress
“The Congress shall have power… To coin Money, regulate the Value thereof, and of foreign Coin…”
This clause confirms that only Congress—not the Federal Reserve or any private institution—has the constitutional authority to create lawful money. Historically, this referred to gold and silver coins or U.S. Treasury-issued notes, not Federal Reserve Notes, which are debt instruments created by a private banking system.
2. Article I, Section 10 – Prohibition on States
“No State shall… make any Thing but gold and silver Coin a Tender in Payment of Debts…”
While this clause applies to states (not the federal government), it underscores the founders’ intent to anchor America’s monetary system in precious metals, not paper debt. Federal Reserve
Notes, created in 1913, do not meet this definition of lawful tender in a constitutional sense unless explicitly redeemed for lawful money under 12 U.S.C. 411.
3. The Ninth and Tenth Amendments – Reserved Rights
Ninth Amendment: “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.” Tenth Amendment: “The powers not delegated to the United States by the Constitution… are reserved to the States respectively, or to the people.”
These amendments affirm that rights not specifically granted to the federal government remain with the people. Since the Constitution does not require citizens to use Federal Reserve Notes— and explicitly acknowledges Congress’s role in coining money—the right to redeem debt-based notes for lawful money remains reserved to the people. That’s the essence of 12 U.S.C. 411: exercising a lawful, voluntary option granted by Congress and supported by constitutional principles.
4. Supreme Court Recognition
Although no modern Supreme Court case has directly ruled on 12 U.S.C. 411, courts have consistently recognized that:
Taxation is based on voluntary compliance and accurate classification
Statutory exemptions are lawful when properly executed
The IRS must follow the black-letter law provided by Congress
Thus, if you follow the law—specifically Title 12 § 411—and properly reclassify your income as lawful money, no constitutional violation exists.
In Summary:
The Constitution supports this process by:
Defining lawful money through Congress’s powers (Art. I, Sec. 8)
Denying states the ability to use fiat currency (Art. I, Sec. 10)
Reserving unenumerated rights (like lawful redemption) to the people (Amendments 9 and 10)
The 12-411 process is not a loophole. It’s the lawful execution of a constitutional and statutory right, hiding in plain sight.
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