QUOTE(bustchaser @ Aug 19 2005, 07:08 AM)
You are completely right when you call money "portable property". That is the basis of my post. Rightful title can NEVER be granted to stolen property. Although the thief's liability for the crime may have ended with his death title still goes back to the original owner...in this case the U.S. government.
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Ah, but there was no original title involved since the USG has no property rights in regard to coinage. Money is portable property for which no title is required. Possession is all the proof of ownership required, but the property right only applies to a human being, not to a human created entity such as a government. Once the coins were struck, they became simple portable property worth 1/20 of a dollar each. The employees who performed the unauthorized striking of the coins could have been prosecuted for that crime, but possession of the coins by anyone else cannot properly be criminalized without granting ownership of the coinage to the federal government.
The federal government is granted (in the US Constitution by virtue of ratification by the states acting as agents of the citizens of the states) sole authority to mint money, but there is no grant of authority to any branch of government for ownership of the money minted by the department of treasury. People own the money they possess, not the government which issued that money. The way our Constitution works, a power must be specifically granted in the articles of the Constitution for it to be a power, there is to be no assumption of power by legislation or by implication.
According to our model of government, government is created by the governed in order to secure the rights of the governed, but govwernment has duties rather than rights. Limited authority is granted to government for the purpose of permitting government employees to carry out their duties, but no rights whatsoever are invested in government. Ownership of private property is an inalienable human right, not a government power.
If the federal government owns the five 1913 V nickels, they also own every single one of your US coins.