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“The government’s argument that we don’t need a new law, or a new process, is the wrong one,” said David M. Harris, a partner at the law firm DLA Piper and former prosecutor in the Office of Enforcement Director John L. Farmer’s office. Mr. Harris said that if the courts were to rule this week, prosecutors could face a loss of federal funds.

“They could be held financially accountable for not enforcing the law,” Mr. Harris said.

A lawyer for the state said it was not clear whether the governor’s lawyers had filed a complaint. “This is clearly not something that’s being investigated, because there appears to be no reason to believe this is an official matter at this point,” said Scott G. Richey, the governor’s spokesman. He added, “We were unaware of any investigation, and the office of the attorney general does not deal with these kinds of matters.”

Mr. Richey declined to comment on the legal theories. “We do not comment on pending litigation,” he said.

The law, which was signed by Gov. Martin O’Malley last year, created a commission to investigate problems with state laws intended to combat racial profiling and other constitutional abuses. The commission will report its findings by Feb. 5.

“The commission has no current staff member to focus on such an investigation and has no oversight role over law enforcement and prosecutors,” said the commission’s executive director, Richard J. Bowers. But it will “have the authority to recommend reforms,” Mr. Bowers added, a suggestion that the governor’s office has not yet embraced.

This post originally appeared on the Mises Institute.

What is a currency? A currency’s value is the amount of goods and services produced and consumed in accordance with the volume of money or currency that is created by its creation.

In the long run money created by government cannot be substituted for money that is not created by government. In the long run money must flow to each person and from each person it must flow to all people. To maintain its value it must be the medium of exchange and a measure of value. Any government that substitutes or debased its currency with money that was not created by government is violating monetary democracy. Such a government’s currency cannot be a money good and the entire system cannot be run