Article I section 10...........

Section 10. No state shall enter into any treaty, alliance, or confederation; grant letters of marque and reprisal; coin money; emit bills of credit; make anything but gold and silver coin a tender in payment of debts; pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts, or grant any title of nobility.
When I overpay on my state income tax, the state is indebted to me. They then issue me a check as payment. Why is that not unconstitutional, and could I request my payment be made in gold or silver?
JJ
When I overpay on my state income tax, the state is indebted to me. They then issue me a check as payment. Why is that not unconstitutional, and could I request my payment be made in gold or silver?
JJ
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<< <i>Section 10. No state shall enter into any treaty, alliance, or confederation; grant letters of marque and reprisal; coin money; emit bills of credit; make anything but gold and silver coin a tender in payment of debts; pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts, or grant any title of nobility.
When I overpay on my state income tax, the state is indebted to me. They then issue me a check as payment. Why is that not unconstitutional, and could I request my payment be made in gold or silver?
JJ >>
go right ahead.
Prepare for an audit.
<< <i>
<< <i>Section 10. No state shall enter into any treaty, alliance, or confederation; grant letters of marque and reprisal; coin money; emit bills of credit; make anything but gold and silver coin a tender in payment of debts; pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts, or grant any title of nobility.
When I overpay on my state income tax, the state is indebted to me. They then issue me a check as payment. Why is that not unconstitutional, and could I request my payment be made in gold or silver?
JJ >>
go right ahead.
Prepare for an audit. >>
Hey, I've got nothing to hide.
JJ
<< <i>
<< <i>
<< <i>Section 10. No state shall enter into any treaty, alliance, or confederation; grant letters of marque and reprisal; coin money; emit bills of credit; make anything but gold and silver coin a tender in payment of debts; pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts, or grant any title of nobility.
When I overpay on my state income tax, the state is indebted to me. They then issue me a check as payment. Why is that not unconstitutional, and could I request my payment be made in gold or silver?
JJ >>
go right ahead.
Prepare for an audit. >>
Hey, I've got nothing to hide.
JJ >>
"motivated" auditors will surprise you
Didn't wanna get me no trade
Never want to be like papa
Working for the boss every night and day
--"Happy", by the Rolling Stones (1972)
Of course in Kentucky you still have to swear under oath you have never taken part in a duel to serve in office.
"I am sorry you are unhappy with the care you recieved, is their anything I can do for you right now, how about some high speed lead therapy?" - A qoute from my wife's nursing forum
"I predict future happiness for Americans if they can prevent the government from wasting the labors of the people under the pretense of taking care of them." – Thomas Jefferson
These days, they just all ignore it and the do-nothing courts allow it.
You could even request they pay you in green eggs and ham.
If you're smart though, you'll keep your voice down and cash your check, and go on with your life.
They won't take kindly to you taunting them.
Ray
<< <i>Do as you wish, relicsncoins.
You could even request they pay you in green eggs and ham.
If you're smart though, you'll keep your voice down and cash your check, and go on with your life.
They won't take kindly to you taunting them.
Ray >>
If only the founding fathers could here what this country has become. "Just be quiet and mind your business, we're the government and will do what we please" It seems to me we fought a war in the late 1700ds for this very reason.
JJ
<< <i>Section 10. No state shall ... coin money; ... make anything but gold and silver coin a tender in payment of debts; ...
When I overpay on my state income tax, the state is indebted to me.
They then issue me a check as payment. Why is that not unconstitutional, and could I request my payment be made in gold or silver?
JJ >>
If you look at the quote again (irrelevant parts removed), another way of reading it is that after the Constitution says that states can not coin money, it says that they can't get around coining state money by passing a state law saying some other form of money is legal tender.
So California is not allowed to say that California Dollar bills are legal tender and can be used to pay debts.
Also, I think you are confused about the definition of "debts" and "tender".
A debt is "a sum of money due by certain and express agreement". So basically a debt arises out of a contract. A law saying you have to pay taxes is not the same as a contract, nor is overpaying on a bill.
A tender is "the act of producing and offering unconditional payment due in satisfaction of a debt".
So even if my alternate reading was wrong and it means that states can only pay debts with gold and silver, your tax overpayment isn't a debt which would require tender.
-Fuzz
Can of worms
Some slabbed, some raw... all bought and paid for
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<< <i>
<< <i>Do as you wish, relicsncoins.
You could even request they pay you in green eggs and ham.
If you're smart though, you'll keep your voice down and cash your check, and go on with your life.
They won't take kindly to you taunting them.
Ray >>
If only the founding fathers could here what this country has become. "Just be quiet and mind your business, we're the government and will do what we please" It seems to me we fought a war in the late 1700ds for this very reason.
JJ >>
The time to secede has arrived!
<< <i>This is the second time in about a month that this section of the Constitution got quoted and misinterpreted. Like the other post said, it prohibits states from issuing their own currency. It has nothing to do with states paying their debts in gold or silver. It means states have to pay in Federal issue currency or coin or equivalent, not local issue. What it prevents is each state from printing their own money. >>
The part about not making their own money is already adressed where is says shall not coin money. Why the need to repeat it?
JJ
Exactly.
Doggedly collecting coins of the Central American Republic.
Visit the Society of US Pattern Collectors at USPatterns.com.
<< <i>
<< <i>This is the second time in about a month that this section of the Constitution got quoted and misinterpreted. Like the other post said, it prohibits states from issuing their own currency. It has nothing to do with states paying their debts in gold or silver. It means states have to pay in Federal issue currency or coin or equivalent, not local issue. What it prevents is each state from printing their own money. >>
The part about not making their own money is already adressed where is says shall not coin money. Why the need to repeat it?
JJ >>
Other forms of payment were historically permitted. Tobacco was considered legal tender at one time in Virginia. In frontier communities, beaver pelts were a common form of payment. So even if state didn't coin money, a state with a lot of one commodity might consider making it legal tender for payment of debts. That is why the need to specify it twice.
It amazes me that two different folks have quoted that section now, in about a month here on this coin board.
As for the "Why state it twice" referring to the granting of the Fed the sole right to create money and then this clause, it doesn't state it twice. creating money and making something a legal tender are two different things.
<< <i> Why is that not unconstitutional,
JJ >>
What Constitution?
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Tom Pilitowski
US Rare Coin Investments
800-624-1870