Promissory Notes -- US Currency

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"Money" in the United States was, many years ago, a piece of paper that promised to pay, on demand, "money" to the person. When you took that "money" to the government, or a bank, and demanded payment on the promissory note, they give you back another piece of paper, lawful currency of the United States. It was just another promissory note. The "money" is not payable in gold or anything else than another promissory note, just as good as you have faith in the government and have faith that this "money" will buy goods and services at the same "cost" as you have been used to. During inflation, you have the same piece of "money" but it buys less real goods.

The promise to "pay on demand" disappeared from our currency in 1934, so there is no promise on the piece of paper to give you anything except another (same) piece of paper.

(Karl Loren)

 

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Item #1: Short History of "Notes"

Item #2: U. S. Currency in the Civil War

Item #3: Promissory Note for $360 Million

Item #4: US Supreme Court, Predictions on "Sensible" rulings

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Short History of US Notes

The fifth issue, authorized by the Legal Tender Act of 1862 and 1863, consisted only of the series 1901 $10 note.


US NOte

The obligation on these notes was worded as follows:


"The United States of America will pay to the bearer ten dollars. This note is a Legal Tender for ten dollars subject to the provisions of Section 3588 R.S. This note is a Legal Tender at its face value for all debts public and private except duties on imports and interest on the public debt."

Small size United States Notes were issued in series 1928, 1953, 1963, and 1966 in denominations of $1, $2, $5 and $100, but not all denominations were issued for all series. The obligation carried on series starting in 1928 read as follows:


"This note is legal tender at its face value for all debts public and private except duties on imports and interest on the public debt."

The wording was changed again by an act of Congress on May 12, 1933 to read:
"This note is legal tender at its face value for all debts public and private"

The wording was changed still again with the series of 1963 to read:
"This note is legal tender for all debts, public and private"

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US Currency With claim that it is legal tender for all debtsThe "Will pay to bearer on demand" which was present in US dollars earlier vanished from it in 1934 and was replaced by "This note is a legal tender for all debts..." !!! (source)

The next image, an example in place before this new language in 1934, said that the currency was a piece of paper, that promised to pay the bearer on damand:

 

US Note, Promise To Pay Beazrer On Demand

A 1918 US dollar note.

In other words, the dollar note is just a legal tender, meaning all US banks will accept it, but other than that, nothing is promised by the US Federal Reserves about its value. In fact Federal Reserve is NOT Federal i.e it is NOT owned by the US federal government, nor does it have any independent reserves. It is just a group of private banks working with the US treasury department. (source)

 

 

Tiny Bags Don't Hold Much -- Particularly of US CurrencyThe money bag is small and doesn't have anything of value in it.

 

 

 

 

 

 

 

 

by Sue Rhodes

Before the American Civil War, citizens generally conducted trade in the time-honored method of barter or exchange for metal coins.  Only when the war left the U.S. bereft of metals did it print and distribute large amounts of paper currency as a way to pay soldiers, purchase supplies and create a standard medium of exchange for citizens. 

The U.S. first issued paper money during the Revolutionary War.  These square, printed notes were rarely worth their face value and became so distrusted by the citizenry that the practice of printing money was all but abandoned.  States were prohibited by the constitution from issuing currency, but virtually anyone else could.

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Banks, utilities, and businesses printed and distributed their own currency.  The value of these notes was backed up solely by the reputation of the issuing entity.  Since most notes could only be exchanged at the issuing establishment, a fistful of local dollars was useless if you traveled 10 miles from home.  The value of these notes varied widely-from printed face value to zero.  The public largely distrusted paper money, and traded their "faith paper" for metal coin whenever they could.

Within a few days of the outbreak of the Civil War, rampant inflation meant gold, silver and copper coins were worth more than face value.  Metal coinage all but disappeared as they were hoarded.  Paper money was reluctantly accepted by a distrusting public, as there was no other alternative.  This led to a proliferation of paper money-both official and questionable.

Four basic types of currency notes were widely circulated in the Union during the Civil War era:  Private Issue, Shinplasters, Federal Issue and Stamps & Fractional Notes.

Private Issue

Railroads, roads, utilities, manufacturers, associations, and banks issued currency notes.  It was often a very confusing undertaking for a consumer to establish their value.   Unfortunate employees could be paid in company scrip, which was redeemable only at the company store-a handy way for unscrupulous businesses to build on profits.

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Bank note featuring the image of Civil War herosThe most universally accepted paper money were bank notes.  Bank notes were promissory notes--more like a check of today.  These notes could be exchanged for Federal issue notes, and as such had some value.  Banking was not well regulated, and new banks would start up then become "broken" with frequency.  Broken Bank currency was valueless--the consumer had to be wary.

Generally, the better the artwork on the note the more it was trusted.  Fine examples of the engravers art can be found on private and bank notes.  Favorite themes were allegorical or mythological scenes, scenes of industry, and scenes of the discovery and exploration of  America.  "Cheesecake" was often featured as bare breasted Liberty or unclad goddesses stalked across the note.

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Shinplasters

Enterprising businesses adopted the practice of issuing a promissory note called a shinplaster in lieu of unavailable coins.  These notes came in a variety of sizes and were redeemable for merchandise only at the merchant of issue.   Customer pressure led businesses to promise an exchange of shinplasters for bank notes if the customer could save up one dollars worth.  This promise was printed prominently on the face of shinplasters to inspire trust and acceptance.

Regimental sutlers generally gave change as shinplasters.  Sutlers also printed special notes "for the accommodation of the officers", often featuring the image of the officer, thus appealing to their vanity as well as their graft.  These sutler notes were purchased in bulk at discount by the regiment and distributed to the officers, who could exchange them for company and personal supplies.  They might also hand them out to opportunistic lickspittles in the ranks as reward for special merit.

Postage Stamps & Fractional Notes

10 cent US Postage note issued in 1862The lack of coin for making change was partially alleviated by using postage stamps.  Stamps had a constant value and were official issue of a sort.  They could be more widely exchanged than local shinplasters.  Stamps, however, often became no more than a sticky mess in the pocket, and the Post Office was hard pressed to meet the demand for stamps due to this practice.

Fractional Postage Currency in a larger, more convenient size without glue was first issued in 1862. Originally these notes were issued on perforated sheets so that the required amount needed was torn off.  These were popularly accepted, and as demand exceeded the perforation machinery, the notes were issued on plain sheets and the consumer cut off as many as were needed for a transaction. 

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Federal Issue

At the beginning of the war Demand notes and Interest Bearing Notes were available.   Most pre-war issues were large denominations used for exchange of funds between banks.  The US Notes of Series 1862 and 1863 represent the first generally accepted and circulated currency.  Federal notes were printed by private companies (who also printed notes for the Confederate Government).

US notes were known as "greenbacks" due to the intricate design, in green, printed on the back of notes to discourage counterfeiting.  It was not until 1863 that the US government halted the practice of private issue, and US currency began to be accepted as the standard of exchange.

By the end of the Civil War the US economy remained relatively strong and Federal issue was THE standard of exchange for U.S. citizens.  The stability of paper currency and its convenience of use increased popular acceptance and "greenbacks are still the medium of exchange used today.

For more information, the Federal Reserve Bank's On-Line Exhibit of American Currency offers high quality images of Civil War currency and interesting miscellany on the economy.

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_____________________________

Example of Promissory Note Payable to the Federal Reserve Bank

The payor of this note is: Payor:
Asworth Corporation
200 West Madison
Chicago, Illinois 60606
Attention J. Kevin Poorman

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Data Updated as of October 18, 2005


Note: These FAQ’s were prepared to provide helpful information to members of the settlement class. However, please note that in the event of any inadvertent discrepancy between these FAQ’s and the terms of the settlement agreement, the settlement agreement will govern.


What was the lawsuit of Gasche v. Asworth Corp.?


Now Bankrupt Braniff Airlines PlaneGasche v. Asworth Corp. was a class-action lawsuit that was filed by five
former Braniff pilots (Charles Jackson Gasche, Jr., Dennis J. Harris, Gene L.
Peterson, William A. Schoknecht and John J. Skiba) against Asworth Corporation.
Asworth Corporation is the successor corporation to Braniff Airways.

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What was the lawsuit about?


After Braniff entered bankruptcy in 1982, it terminated its two pilot pension
plans, the A Plan and the B Plan. It used the remaining assets of the two
terminated plans to buy two group annuity contracts from Prudential Insurance
Company. The two group annuity contracts provide retirement annuities to the
former plan participants. Asworth, Braniff’s successor, is the holder of the two
group annuity contracts.


When the two group annuity contracts were purchased, Prudential was a
mutual company, meaning it was owned by its policyholders and contractholders.
In 2001, Prudential converted to a publicly-traded, shareholder-owned company,
and issued Prudential shares to its policyholders and contractholders. Asworth
received several million dollars worth of Prudential shares.

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The plaintiffs in the lawsuit claimed that Asworth should be required to turn
over the shares to the former Braniff pilots and their survivors who are annuitants
under the two group annuity contracts, because the two group annuity contracts
were purchased with the assets of the terminated pilot pension plans.
Asworth denied that it had any legal obligation to turn over the shares.

Has the lawsuit been resolved?

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Yes, the lawsuit is now over. The plaintiffs and Asworth entered into a
settlement agreement which the court approved.


What are the terms of the settlement agreement?


The settlement agreement required Asworth to transferred 60% of the shares
it received from Prudential (plus 60% of the cash dividends that it had earned on
those shares, plus 60% of the interest earned on those dividends) to a settlement
fund for the members of the class. In exchange, members of the class gave up the
right to sue Asworth.


After attorneys fees and costs of administration are deducted, the settlement
fund will have approximately $8.3 million available for distribution to the
members of the class. Source

 

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This is the html version of the file http://www.fdic.gov/news/news/press/2001/pr9001k.pdf.
Google automatically generates html versions of documents as we crawl the web.
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Exhibit B
Form of Note
PROMISSORY NOTE
U.S.$360,000,000.00
December 10, 2001
FOR VALUE RECEIVED, Asworth Corporation, a Nevada corporation (the “Payor”),
by this promissory note (this “Note”) hereby promises to pay to the order of the Federal Deposit
Insurance Corporation in all of its capacities under the Agreement (as hereinafter defined) (the
“Holder”) the principal sum of Three Hundred Sixty Million Dollars (U.S.$360,000,000.00) as
hereinafter provided, without interest.
The principal hereof shall be payable in equal annual installments (each, an
“Installment”) of Twenty-Four Million Dollars (U.S.$24,000,000.00) in cash on each
December 10 (a “Payment Date”), commencing December 10, 2002 and ending on
December 10, 2016, provided, that if any date that would otherwise be a Payment Date is not a
Business Day (as hereinafter defined), the related Payment Date shall be the next succeeding
Business Day. “Business Day” means a day on which banking institutions are not required or
permitted by applicable law, regulation or executive order to be closed for business in Chicago,
Illinois, New York, New York or Washington, D.C., provided, that Business Day shall not
include a day on which (i) normal banking operations in Chicago, Illinois, New York, New York
or Washington, D.C. are disrupted by any outbreak or escalation of hostilities or other local,
national or international calamity or crisis, including, without limitation, by acts of terrorism or
sabotage or natural disaster, or any other disruption in the financial markets of the United States, Return ToTop
(ii) there is a suspension or material limitation of trading or pricing on the New York Stock
Exchange, the American Stock Exchange, the Chicago Board of Options Exchange, the Chicago
Mercantile Exchange, the Chicago Board of Trade or The Nasdaq Stock Market or (iii) there is
in effect a declaration of a banking moratorium by any federal or state authorities.
Within one hundred eighty (180) days after the end of each fiscal year of the Payor, the
Payor shall deliver to the Holder the Payor’s audited consolidated balance sheet and related
statements of operations, stockholders’ equity and cash flows as of the end of and for such fiscal
year prepared in accordance with generally accepted accounting principles in the United States
of America (“GAAP”) consistently applied, accompanied by a copy of the certificate or report
thereon of a firm of nationally recognized certified public accountants. Every two years,
commencing on the second anniversary of the Closing Date, the Payor shall, unless waived by
the Holder upon request of the Payor, deliver a Valuation (as hereinafter defined) of Payor to the
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A default in payment on this Note (a “Payment Default”) shall occur in the event that any
Installment of principal on this Note is not paid in full on or before the later of: (i) the thirtieth
day after the applicable Payment Date and (ii) the fifteenth day after the Payor receives a notice
of nonpayment from the Holder. In the event of any such Payment Default, the Payor shall pay
to the Holder on demand interest on such unpaid Installment (to the extent permitted by
[Washington DC #195702 v5]

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applicable law) at the fixed rate of eight percent (8%) per annum, compounded quarterly, from
and including the applicable Payment Date to but excluding the date on which payment is made
and, so long as such Payment Default is continuing, at the election of, and upon written notice
from, the Holder, the entire outstanding principal amount of this Note shall become immediately
due and payable.
So long as this Note is outstanding, a “Credit Event” shall occur if (a) the Payor’s
Consolidated Net Worth (as hereinafter defined) as of the end of any fiscal year is less than the
then-outstanding principal amount of this Note, (b) the Payor’s Liquid Net Worth (as hereinafter
defined) as of the end of any fiscal year is less than forty-eight million dollars
(U.S. $48,000,000.00), (c) a Valuation of the Payor concludes the enterprise value of the Payor is
less than the then-outstanding principal amount of this Note or (d) an Insolvency Event (as
hereinafter defined) occurs. A “Credit Default” under this Note shall occur if a Credit Event
occurs and on or before the sixtieth day after the Payor receives a notice of such Credit Event
from the Holder, the Payor shall have failed (i) to cure such Credit Event (if such Credit Event is Return ToTop
capable of cure), (ii) to assign its rights and duties under this Note to a Substitute Obligor (as
hereinafter defined) or (iii) to otherwise provide reasonable assurance of repayment of this Note
in a manner reasonably satisfactory to the Holder. If a Credit Default occurs and is continuing,
at the election of, and upon written notice from, the Holder, the entire outstanding principal
amount of this Note shall become immediately due and payable.
The Holder may rescind and annul any declaration of acceleration at any time prior to a
final, nonappealable judgment by a court of competent jurisdiction for payment of money due
has been obtained.
“Consolidated Net Worth” means, with respect to any person, such person’s consolidated
shareholders’ equity (calculated without giving effect to this Note), determined on a consolidated

basis in accordance with GAAP consistently applied.

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“Insolvency Event” means:
(a) the entry by a court of competent jurisdiction of a decree or order (i) for relief in
respect of the Payor in an involuntary case or proceeding under Title 11, U.S. Code or any
similar or successor federal, state or foreign law for the relief of debtors (“Bankruptcy Law”) or
(ii) adjudging the Payor as bankrupt or insolvent, or approving as properly filed a petition
seeking reorganization, arrangement, adjustment or composition of or in respect of the Payor
under any applicable Bankruptcy Law, or appointing a receiver, trustee, assignee, liquidator,
custodian or sequestrator under any applicable Bankruptcy Law of the Payor or of any
substantial part of the property of the Payor, or ordering the winding up or liquidation of the
affairs of the Payor, and, in each case, the continuance of any such decree or order unstayed and
in effect for a period of 30 consecutive calendar days; or
(b) (i) the commencement by the Payor of a voluntary case or proceeding under any
applicable Bankruptcy Law or of any other case or proceeding seeking relief from the claims of
its creditors, (ii) the consent by the Payor to the entry of a decree or order for relief in respect of
the Payor in an involuntary case or proceeding under any applicable Bankruptcy Law or to the
commencement of any bankruptcy or insolvency case or proceeding against the Payor, (iii) the
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[Washington DC #195702 v5]

Page 3
filing by the Payor of a petition or answer or consent seeking reorganization of or relief from
claims under any applicable Bankruptcy Law, (iv) the consent by the Payor to the filing of any
such petition or to the appointment of or taking possession by a receiver, trustee, assignee,
liquidator, custodian or sequestrator under any applicable Bankruptcy Law of the Payor or of any
substantial part of the property of the Payor, or (v) the making by the Payor of an assignment for
the benefit of its creditors.
“Liquid Net Worth” means, with respect to any person, such person’s cash and cash
equivalents and marketable securities determined on a consolidated basis in accordance with
GAAP consistently applied.
“Substitute Obligor” means (i) any person with (a) a Consolidated Net Worth equal to at
least the then-outstanding principal amount of this Note and (b) a Liquid Net Worth equal to the
lesser of at least forty-eight million dollars (U.S.$48,000,000.00) and the then-outstanding
principal amount of this Note, in each case as reflected in its most recent audited financial
statements, or (ii) any other obligor reasonably acceptable to the Holder.
“Valuation” means, with respect to any person, a valuation of the enterprise value of such
person prepared by a nationally recognized firm.
Upon the designation by the Payor of any Substitute Obligor under this Note in
connection with a Credit Default, the Substitute Obligor shall succeed to, be substituted for and
be deemed to be, and may exercise every right and power of, the Payor under this Note with the
same effect and as if such Substitute Obligor had been named as the Payor herein, and thereafter
the Payor (or other predecessor obligor) shall be relieved of all obligations and covenants under
this Note. Any such Substitute Obligor may make or cause to be made such changes in
phraseology and form in this Note as may be appropriate to reflect the substitution of such
Substitute Obligor. The Holder hereby consents to the novation, succession and substitution of
any such Substitute Obligor for all purposes under applicable law.
Payment in respect of this Note shall be made in the lawful currency of the United States
by wire transfer of immediately available funds to an account designated by the Holder in
writing at least ten (10) Business Days prior to such Payment Date (which notice may be made
by a standing instruction from the Holder) or, if such designation is not made, by check mailed to
the Holder on such Payment Date to the Federal Deposit Insurance Corporation, 550 17
th
Street, Return ToTop
N.W., Washington, D.C. 20429, Attention: General Counsel, or such other address as the Holder
may designate by written notice to the Payor.
This Note may be prepaid, in whole or in part, at any time and without fee or charge at
the sole election of Payor.
All reductions in the principal amount of this Note effected by payment of Installments,
partial repayment or prepayment, in whole or in part, shall be binding upon any and all future
holders of this Note or an interest in this Note, whether or not any such payment is noted on this
Note.
The obligations of the Payor under this Note are enhanced in part by the Letter of Credit,
as set forth in the Agreement. This Note may be transferred or assigned, in whole but not in part,
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[Washington DC #195702 v5]

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at any time and from time to time to a nationally recognized financial institution; provided,
however, that this Note and the Letter of Credit shall at all times be owned and held for the
benefit of the same entity and, provided further, that the transferor shall make any such transfer
in accordance with any and all applicable laws. The Payor shall not give effect to any transfer or
assignment of this Note that does not comply with the foregoing sentence. Any permitted
transfer or assignment of this Note may only be effected by written notice to Payor from the
transferor Holder accompanied by a copy of the documents of transfer (which shall identify the
transferee and its address), and, upon receipt of such notice and documents of transfer, the Payor
shall treat the transferee as the Holder of this Note for all purposes. THIS NOTE IS NOT A
NEGOTIABLE INSTRUMENT. Return ToTop
This Note is the promissory note referenced in that certain Agreement dated as of
December 10, 2001, by and among the Federal Deposit Insurance Corporation in its corporate
capacity, the Receiver, the Federal Deposit Insurance Corporation in its capacity as conservator
for Superior Federal Bank FSB, the Federal Deposit Insurance Corporation in its capacity as
manager for the FSLIC Resolution Fund, the United States Department of the Treasury Office of
Thrift Supervision, the Payor, Coast-to-Coast Financial Corporation, a Nevada corporation,
Superior Holdings, Inc., a Nevada corporation, UBH, Inc., a Nevada corporation and Coast
Partners, an Illinois general partnership (the “Agreement”). This Note is entitled to the benefits
of, and is subject to the terms of, the Agreement. Capitalized terms used but not defined herein
shall have the meaning ascribed to such terms in the Agreement.
Any notice or other communication required or permitted to be given to the Payor
pursuant to this Note shall be given in writing and delivered in person against receipt therefor
sent by courier with confirmation of delivery or sent by certified mail, postage prepaid, with
return receipt to the address for the Payor set forth below or at such other address as the Payor
shall designate in writing to the Holder, and shall be deemed given when received by the Payor
as evidenced by the applicable receipt or confirmation of delivery.
Payor: Return ToTop
Asworth Corporation
200 West Madison
Chicago, Illinois 60606
Attention J. Kevin Poorman
With a copy to:
John C. Murphy, Jr.
Cleary, Gottlieb, Steen & Hamilton
2000 Pennsylvania Avenue, N.W.
Washington, D.C. 20006-1801
This Note may not be amended except by a writing duly executed and delivered by the
Holder and the Payor. No waiver of any term or condition contained in this Note shall be
effective unless made or confirmed in writing by the party alleged to have waived the right.
Unless that writing expressly states otherwise, no such waiver shall be construed as a waiver of a
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[Washington DC #195702 v5]

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subsequent breach or failure of the same term or condition or a waiver of any other term or
condition contained in this Note.
Except as otherwise provided herein, the Payor hereby waives demand, diligence,
presentment, protest and notice of every kind in respect of this Note.
Remainder of Page Intentionally Left Blank
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THIS NOTE SHALL BE GOVERNED BY AND CONSTRUED IN
ACCORDANCE WITH THE LAW OF THE STATE OF NEW YORK (WITHOUT
REGARD TO PRINCIPLES OF CONFLICTS OF LAW).
ASWORTH CORPORATION
_______________________________
By: J. Kevin Poorman, Vice President
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Karl Loren Predictions on US Supreme Court Decisions

As long as the Democrats control the process of nominating Justices to the US Supreme Court, we will have chaos in our courts and an even faster decline in public morality and economic prosperity.

That is a very short prediction, but well presented in the article below.

Soon I will also write about exactly WHY these liberals do what they do. It has not been covered in any analysis of their purposes that I have seen in popular media.

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Source: Wall Street Journal, November 13, 2008

 

A Monument to Government Power

  • By DANIEL HENNINGER

  •  

Yesterday morning the nine Justices of the Supreme Court of the United States heard oral arguments over whether a city in Utah is obligated, under the U.S. Constitution, to erect a monument in its park celebrating the Seven Aphorisms, the tenets of a local religion founded in 1975 by a former supply-company manager named Claude "Corky" Nowell, later known as Corky Ra, who said he was visited by "advanced living beings." He called the religion that resulted Summum.

[Wonder Land] AP

How would he decide?

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For example, Aphorism II, the Principle of Correspondence, holds: "As above, so below; as below, so above." Bear in mind that Pleasant Grove City, Utah, for some 30 years has had a monument in the city park to the Ten Commandments, donated by the Fraternal Order of Eagles. Mr. Ra said Moses came down from the mountain with two sets of tablets, decided the people weren't ready for the Seven Aphorisms and gave them the "more readily understood" Ten Commandments.

Technically, this is not an establishment-of-religion case; the city's monument could as easily be to the Boy Scouts' motto. Pleasant Grove City told Summum it had no obligation to erect a monument for any group that desired one.

In 2007, the federal appeals court for the Tenth Circuit ruled in favor of Summum, giving the religion permission to put up its Seven Aphorisms monument in Pioneer Park. The Supreme Court will decide whether the Summums of America deserve their own patch of the public green.

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Laughable though it looks, Pleasant Grove City v. Summum is a textbook example of tensions that have pulled our courts between noble readings of the Constitution -- in this case, the First Amendment's speech protections -- and what the average person might call the common-sense requirements of running a civil society.

The common-sense argument against Summum's claim, which the U.S. Solicitor General made to the Supreme Court, was that it would cause a clutter of public monuments. If a city let private donors contribute a memorial to local boys who died in the Iraq war, would it have to accept another group's monument to pacifism? As Chief Justice Roberts asked yesterday, "Do we have to put any president who wants to be on Mt. Rushmore?"(As of now, perhaps.)

New York City's friend-of-the-court brief noted that Central Park's 52 monuments celebrate Alice in Wonderland (my favorite), the Pilgrims and Hans Christian Andersen. So why not, under a "right of equal access," a monument to the Simpsons?

The path to sweet reason, though, is itself not uncluttered in this case.

Pleasant Grove City's refusal is rooted in what is called "government speech doctrine." While the First Amendment won't let government infringe a citizen's private speech, its own speech has no limits -- none. Government can say whatever it wishes. For example, the government had no obligation to offer equal-time rejoinders to Nancy Reagan's "Just Say No." As an earlier court noted: "Simply because the government opens its mouth to speak does not give every outside group . . . a First Amendment right to play ventriloquist."

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Not so fast, say a host of religious- and free-speech rights groups supporting Summum. It would be dangerous to give cities carte blanche power to decide which group's permanent monument to a particular cause or idea gets government approval, and which does not.

In July, former Justice Sandra Day O'Connor, temporarily filling in on the Fourth Circuit, ruled that the Fredericksburg, Va., city council, under the government-speech doctrine, could forbid a council member from invoking Jesus in a session-opening prayer. The Rutherford Institute argues this lets the government silence anything it doesn't like.

This is the sort of case that cries out for the judicial wisdom of Solomon, long dead in the U.S. Indeed it was the departure from common-sense wisdom that pitched the country into endless legal thickets, most notably the ruined learning environments in public schools.

Going back 40 years, a series of Supreme Court decisions broadened constitutional protections for high-school students. Conservative legal groups today support such protections lest schools ban, say, prayer groups.

One understands those concerns. What happened, though, is that many school principals concluded that the Court had killed discretion in disciplinary matters. Administrators pulled back, and to this day in many urban schools, virtual chaos runs rampant through the halls. Terrified and appalled parents sought refuge in charter schools or private schools.

A win here for Summum and its Seven Aphorisms likely would cause many cities to wash their hands of the problem by clearing their parks of all monuments, a desolate result.

The Supreme Court should recognize the need to let civic institutions function -- whether schools or city hall. No public power deserves carte blanche. Give them latitude to write clear rules to operate parks, public spaces and public schools. If Summum doesn't like it, they can buy a piece of Utah and open the Park of the Seven Aphorisms. I might even make a visit.

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