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The court says nothing about Federal Reserve Notes "with the obligation removed." I don't understand why you're inserting that--there's no basis for it in the opinion. Quote me otherwise.
Court doesn't have to explain commercial banking law, not their job. Appellant was the one doing business in private bank notes, his job. You claimed that decision quoted "federal reserve notes are lawful money". It does not.
You've already seen it over and over again because it's literally inside the Milam opinion: Juilliard v. Greenman: "
Congress is authorized to establish a national currency, either in coin or in paper, and to make that currency lawful money for all purposes..." No quotes.
Another fail, sorry. I am convinced you are pretending not to get it just to continue arguing. This does not say "federal reserve notes lawful money" only that the national currency is lawful money.
The Milam court says this is the answer. According to the supreme court in the 1800s, congress has the power to establish a national paper currency and to make that currency lawful money. That's exactly what congress did. Federal Reserve Notes are lawful money, which is why they found Milam's contention's otherwise to be frivolous.
Miliam cites Juilliard as reason the Fed could offer paper up as lawful money on behalf of the United States. The Fed does not have physical USNotes sitting around they are in the Treasury. You are right The Supreme Court decision in the 1800's is how Lincoln used Greenbacks, which are factually unites states notes as per 31usc5115. The notes Lincoln used in the war are the very same notes in 31usc5115 and is the Lawful Money in paper form Congress authorized, that's why its still in the code and can't be removed although it certainly has been updated a lot. What was found frivolous was Milam's insistence on redeeming for gold and silver... learn to read please this will go a lot smoother.
Here's your helpful legislative hint: when a court quotes directly from a source, they typically put the language in quotations. The phrase "lawful money" appears in 12 USC 411, which is the basis of Milam's suit. When you put statutory language in quotations, it merely means that you're conveying the literal text of the statute. It's in quotes because it's the phrase in the statute that's at dispute!
The quote "lawful money" in Milam was in reference to the Juiliard v Greenman decision they also quoted. Lawful money is not in quotes in Juiliard because it is referencing United States Notes and coins, not Federal Reserve Notes. 12usc411 was upheld in Milams note for note swap offer which he denied.
This case certainly is about redeeming gold and silver, sure, because the court makes clear the idea is ridiculous. But the basis of that case is Milam's challenge to the fact that Federal Reserve Notes are lawful money within the meaning of 12 USC 411. The court dismisses this by citing the supreme court precedent I quoted above, which says congress can establish a paper currency and make it lawful money. The case is necessarily about this issue at well.
The court made sure Legal Tender Laws were enforced not that anything is ridiculous. Their job is to uphold laws ya know? The basis of Milams challenge was to redeem in gold or silver and he denied that paper could substitute lawful money....like you said Congress already said it could....Congress never said FRN's could Congress says they can be redeemed in lawful money in 12usc411.......go read it again.
The FRN's offered for swap were lawful money under 12usc411 and per Juiliard. The swap is what you argued did not have to happen, indeed it did even in what you claim defends your argument. "The power so precisely described in Juiliard" that was "delegated to the Federal Reserve System under 12usc411" must still adhere to 12usc411 and Congress' law to redeem, which is why the Fed offers the swap, they are compelled to by law. They are not compelled to explain to you or I what this means or represents.
You're really reading way too much into the quotations. The statute doesn't distinguish between lawful money and "lawful money," and neither does the court. If you think the phrases below make the case otherwise, let's walk through why they don't.
I am not reading too much into quotes you are not approaching this as a lawyer. The feds page and Milam are quoting Juiliard it's not something to be dismissed and why it must appear in quotes. Lawful money is what is on deposit at the Fed which enables FRN's to circulate then be fractionally lent I have showed you that as well.
Yes, I agree so far. This sentence says that Milam demanded his Federal Reserve Notes be redeemed in "lawful money," by which he meant gold or silver.
It doesn't say he refused "lawful money," it says he refused an equivalent value in Federal Reserve Notes. In the first sentence you quoted, "lawful money" is used in reference to Milam's argument that it must be gold and silver. Accordingly, the court notes that Milam refused a tender of equivalent value in Federal Reserve Notes, because they weren't lawful money, which he interpreted to require gold or silver.
Regardless, what's your basis for saying the Fed is "required to make them non-negotiable upon demand...meaning they can't be fractionally lent"? Statute? Court case? Show me the money.
Fed issues Fed notes. You think Congress does but they don't. Congress authorizes US coins and US notes. Our zinc coins of today do not say "federal reserve" on them because they were not issued by the Fed. A very literal example of a US Note in coin form is a Sacajawea dollar coin issued directly from the US Treasury and not the Fed.
Lawful Money in paper form is already determined to be US notes as per the Civil War because they are issued by the United States directly. These are non-negotiable.
Congress says:
12usc411 FRN's are to be redeemed on demand in lawful money.
31usc5115 United States notes may not be held or used for a reserve.
The Fed and The Federal Reserve Act also helps:
The Act states that Federal Reserve notes "shall be obligations of the United States and shall be receivable by all national and member banks and Federal reserve banks and for all taxes, customs, and other public dues. They shall be redeemed in lawful money on demand at the Treasury Department of the United States, in the city of Washington, District of Columbia, or at any Federal Reserve bank." The Act did not, however, define the term "lawful money," but up until 1913, the only currency issued by the United States that was legally recognized as "lawful money" was various issues of "demand notes" (subsequently known as "old demand notes") and "United States notes" authorized by Congress during the Civil War.
http://www.federalreserve.gov/faqs/currency_15197.htm
The Fed must disclose this definition of lawful money because it is buried deep in the Statutes At Large.
Commercial Law dictates what is negotiable and non negotiable. Commercial Law is way older than American Congress.
Congress is aware of Commercial Law. The ones that write our statutes and Acts are at least......the ones that just sign shit they don't understand are really guilty of fucking sucking and idk why We The People put up with it but it's getting better.
You are right we all use FRN's that's the system. If I choose to buy gold with FRN's I am really getting fucked over using inflated negotiable instruments to buy actual non-negotiable money that cost more and more as the notes are inflated....still better than other investments though just imho......
You and I are dealing in private bank notes which means you literally are assumed to know all the Commercial Law in advance.
According to Congress in The Federal Reserve Act FRN's are "to be issued at the discretion of the Board of Governors of the Federal Reserve System for the purpose of making advances to Federal reserve banks through the Federal reserve agents as hereinafter set forth and for no other purpose, are hereby authorized."
So what are we that are "holders in due course" of these notes? Are we not legally assumed to be agents and banks of the Federal Reserve System in the eye of Commercial Law???
According to the law we are.
And again, what's your statutory or court basis for saying the Fed would have to account for them very differently? This decision says absolutely nothing about that.
The decision doesn't have to. Accounting is Commercial Law you are supposed to know already.
The accounting is reflected in:
31usc5115
The fact US notes are non negotiable and can't serve as reserves, therefore cant be part of the "reserve" system therefore can't be fractionally lent. Non-negotiable according to commercial law and the definition of "money".
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I absolutely agree that Milam's argument was that only gold and silver were lawful money under the statute. What you don't seem to understand is that the question of whether Federal Reserve Notes are lawful money is necessarily answered in that decision. The court cites the supreme court case saying that congress can issue paper currency and make it lawful money; they refer to the Federal Reserve and say that it properly exercises this government power. Thus Federal Reserve Notes, our paper currency, are lawful money.
You are getting warmer. Remember Judges are Lawyers in black robes. The court upheld the note for note swap served as lawful paper money and that Milams insistence that only gold or silver could serve this was frivolous since Juiliard already upheld it wasn't. Court knows USnotes "serve no adequate purpose that can not already be served by FRN's" but knows Treasury holds US notes just in case.
When the statute says redemption must be in lawful money, tender of equivalent value in Federal Reserve Notes constitutes redemption in lawful money. This is exactly the conclusion that Milam disputed in arguing that only gold or silver could be lawful money--he necessarily argues that Federal Reserve Notes are not. The court calls this claim frivolous; the tender of Federal Reserve Notes for Federal Reserve Notes satisfied the statute.
He "necessarily" argued?? He did no such thing. Milam failed to understand the notes he was offered served the adequate purpose US notes served because he made his demand. Milam failed to acknowledge Legal Tender laws period. The court called Milam's claim that gold and silver were the only lawful money of the United States frivolous.....go read it again. The tender of notes satisfied the lawful paper money as per Juiliard which was based on Congress' distorted, yet upheld definition of lawful paper money dating back to the Civil War. Why do you think I brought up Greenbacks so early in this thread???????????????
Lawful money has no obligation it is non negotiable and issued directly from US not issued on behalf of the US by the Fed with obligations of elasticity and managing it.....that is important to understand. That is why
We agree on the facts up to where you say the redemption was Federal Reserve Notes with the obligation removed that are non-negotiable. The court case says nothing about any of that. All the court says is that Milam tried to redeem his $50 note and was given a $50 note back. Period. The court says the statute entitles him to do this and doesn't require gold or silver. Period.
The court does not have say anything about what is negotiable or not. That is on Milam to understand since he is the one dealing in private credit notes and Commercial Law.
There's nothing about removing obligations and making notes non-negotiable. Absolutely nothing.
Nope that is in the UCC article 3 or whatever you quoted earlier. Let's see how did you so eloquently put it again....
tokeprep said:
UCC Article 3 explicitly excludes money from being a negotiable instrument. Period
FRN's are not money only a representation of money and therefore very negotiable as evidenced by fractional lending. US notes were argued successfully to be money way back in Lincoln's day and are lawfully non-negotiable paper money and cannot be held for reserves because of this status.....FRN's do not enjoy this status of non-negotiability.
FRN's only have Legal Tender status. US notes and coins have Legal Tender and Lawful Money Status.
The gold and silver ones suffer from face value Legal Tender status but retain Lawful Money status if they are issued by the US.....that is to say they cannot be used as elastic currency. US notes can't either but they still have no intrinsic value.......get it yet?