Replies

Note that the delegates to the Constitutional Convention had decided not to give Congress the specific power to regulate banking. This is evidenced by the following excerpt from the writings of Thomas Jefferson.

“A proposition was made to them to authorize Congress to open canals, and an amendatory one to empower them to incorporate. But the whole was rejected, and one of the reasons for rejection urged in debate was, that then they would have a power to erect a bank, which would render the great cities, where there were prejudices and jealousies on the subject, adverse to the reception of the Constitution [emphasis added].” —Jefferson’s Opinion on the Constitutionality of a National Bank : 1791.

So no federal or private entity has the constitutional authority to regulate INTRAstate banking imo.

In fact, note that FDR unconstitutionally confiscated gold without constitutionally required amendment to repeal clause below. The Founding States drafted this clause to prohibit the states from using anything but gold and silver coin for legal tender.

Article I, Section 10, Clause 1: No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts [emphases added]; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility.