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

relicsncoinsrelicsncoins Posts: 8,117 ✭✭✭✭✭
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
Need a Barber Half with ANACS photo certificate. If you have one for sale please PM me. Current Ebay auctions

Comments

  • BarndogBarndog Posts: 20,516 ✭✭✭✭✭


    << <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.
  • relicsncoinsrelicsncoins Posts: 8,117 ✭✭✭✭✭


    << <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
    Need a Barber Half with ANACS photo certificate. If you have one for sale please PM me. Current Ebay auctions
  • BarndogBarndog Posts: 20,516 ✭✭✭✭✭


    << <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 image
  • LongacreLongacre Posts: 16,717 ✭✭✭
    Assuming you itemize your federal return, did you not take an excess state tax deduction, to the extent that you are getting a refund of state taxes in the current year? I think you should be happy with the one year timing benefit that you're getting on the federal side (your federal tax rate is probably higher than your state tax rate), and not worry about getting paid in gold or silver by the state. image
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  • Every Felon in the Commonwealth of Kentucky is suppose to recieve 5$ gold and riffle upon their release from prison. Not too many ask for it anymore, since possesion of a firearm will send you right back.

    Of course in Kentucky you still have to swear under oath you have never taken part in a duel to serve in office.

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  • ziggy29ziggy29 Posts: 18,668 ✭✭✭
    It used to be that some people in government complained about the Constitution as an "impediment" to getting things done.

    These days, they just all ignore it and the do-nothing courts allow it.
  • lathmachlathmach Posts: 4,720
    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
  • relicsncoinsrelicsncoins Posts: 8,117 ✭✭✭✭✭


    << <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
    Need a Barber Half with ANACS photo certificate. If you have one for sale please PM me. Current Ebay auctions


  • << <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

    Why is it, "A penny for your thoughts," but, "you have to put your two cents in?" Somebody's making a penny.
  • TwoSides2aCoinTwoSides2aCoin Posts: 44,651 ✭✭✭✭✭
    I love truth...


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  • percybpercyb Posts: 3,335 ✭✭✭✭


    << <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!
    "Poets are the unacknowledged legislators of the world." PBShelley
  • RedTigerRedTiger Posts: 5,608
    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.
  • relicsncoinsrelicsncoins Posts: 8,117 ✭✭✭✭✭


    << <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
    Need a Barber Half with ANACS photo certificate. If you have one for sale please PM me. Current Ebay auctions
  • give it a shot
  • MrEurekaMrEureka Posts: 24,452 ✭✭✭✭✭
    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.

    Exactly.
    Andy Lustig

    Doggedly collecting coins of the Central American Republic.

    Visit the Society of US Pattern Collectors at USPatterns.com.
  • RedTigerRedTiger Posts: 5,608


    << <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.




  • Sure you can request they pay you in gold or silver, but there is nothing in that clause that says they have to pay you that way.

    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.
  • mrearlygoldmrearlygold Posts: 17,858 ✭✭✭


    << <i> Why is that not unconstitutional,

    JJ >>



    What Constitution? image

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