Originally Posted by
indago
When the Congress began assembling the amendments of the Constitution in August, 1789, the procedure was to change the wording of the original Constitution to reflect the amendment. Roger Sherman, from Connecticut, observed that the original Constitution would be lost if they proceeded in that way, and suggested that an additional document be added to the original Constitution. This procedure was adopted, and they began structuring the Bill of Rights.
In later years, a Supreme Court Justice declared that the procedure for determining the Constitutionality of a bill would be to put the Constitutional provisions beside the bill and examine the two. With this in mind, what the founders had in mind is important in making this determination. But then, time moves on, and lifestyles and technologies progress. But that doesn't mean that the originality of the Constitution should be lost. It should be the first to be consulted.
Take for instance the gold and silver clauses of the Constitution: "No state shall ...make anything but gold and silver coin a tender in payment of debts". Although there was some opposition to this in the 1787 Convention, it was, nevertheless, written into the Constitution to end the "scourge of paper money", which always depreciated in the marketplace. The Congress then proceeded to create our monetary system of gold and silver coin to be used for exchange.
These days we have digital money: exchanges made in cyberspace between businesses and individuals far removed from each other, recorded on hard drives and "sticks". Who, in their right mind, today, would want to travel to meet face to face, with a pocketful of gold and silver coin, to make an exchange with a business?
And yet, no amendment was ever put forth to relieve the marketplace of this procedure. It was "interpreted" out of existence.
Actually book debts /exchanges on paper occurred back then between trading partners. However, its true the scourge of the negatives of paper money issued to the public was addressed. Especially when banks defaulted or states manipulated to gain advantage.
One must consider buying a large parcel of land would be dangerous should the buyer have to travel with 6 or 8 thousand in gold coin to give to the seller. Hell, that amount back then was more money than most earned in a lifetime... --Tyr
18 U.S. Code § 2381-Treason Whoever, owing allegiance to the United States, levies war against them or adheres to their enemies, giving them aid and comfort within the United States or elsewhere, is guilty of treason and shall suffer death, or shall be imprisoned not less than five years and fined under this title but not less than $10,000; and shall be incapable of holding any office under the United States.