Lawful Money Is Not Positive Law - Is That A Problem

Lawful Money Is Not Positive Law - Is That A Problem

No. One must first understand the definition of "positive law" to realize what is occurring in such a proclamation.

"Within the context of the US Code, positive law is used in a more limited way. According to the Office of Law Revision Counsel (US House of Representatives), a positive law title of the US Code is a title that has been enacted as a statute. To enact the title, a positive law codification (action or process of arranging laws or rules) bill is introduced in Congress. The bill repeals existing laws on a certain subject and restates those laws in a new form–a positive law title of the US Code. The titles of the US Code that have not been enacted through this process are called non-positive law titles. The laws assembled in the non-positive law titles have been enacted by Congress.  Thus, in both positive law titles and non-positive law titles of the US Code, all of the law set forth is positive law (in the general sense of the term) because the entire US Code is a codification of statutes enacted by Congress, and not of natural law principles."

The reason Lawful Money is not enacted as "positive law" is because it has not been codified (re-arranged or changed). It is a remedy for the use of private credit, therefore the law needs no changing.

As a final note, because the U.S. Code contains only the “general and permanent laws of the United States,” (i.e. if it's in the U.S. Code, it's permanent / generally accepted), it does not include “[t]emporary laws, such as appropriations acts, and special laws, such as one naming a post office.” Off. of Law Revision Counsel, United States Code: Frequently Asked Questions and Glossary, http://uscode.house.gov/faq.xhtml (last visited December 15, 2020).

CONCLUSION: Positive law does not refer to anything that is "more sound or legal". It simply defines the nature of the laws history of revisions. If a code is in the U.S. Code, it is congressionally accepted.
    • Related Articles

    • If It Isn't Positive Law - Will It Even Be Upheld By Courts

      If it's still an active law - of course it will be upheld. The difference between positive law and natural law is that natural law states that humans have certain rights, moral values, and responsibilities that are inherent in human nature. Natural ...
    • Income Taxes and Lawful Money

      Under its power to borrow money, Congress is authorized by the Constitution to contract debt, and whenever something is borrowed it must be returned. When Congress spends the contracted private credit, each use of credit is debt which must be ...
    • Can Lawful Money or Article III Courts Be Used for A Current Problem

      If one is “looking to fight” problems they are currently facing, like tickets, license violations, statutory violations, etc. Oftentimes, by the time the problem has come up, most have already given up jurisdiction and have identified themselves as a ...
    • Going To Court Regarding Lawful Money

      The only question for any judge in any case to answer is this: "If Federal Reserve notes do not and cannot act as redeemed, gold backed US Bank notes or US Treasury notes, then how does one deal in Constitutionally defined lawful money?" Clearly, the ...
    • Why Can’t I Get Gold for My Lawful Money Demand?

      Federal Reserve notes serve as lawful money upon demand, the bank will not give you any other kind of money: US Bank Notes, Gold Certificates, Silver Certificates, stamps or united States Postal money orders. Do not ask for any special form, many ...