The Milam court expressly says that the power described in Juilliard--which is to establish a national currency and make it lawful money--has been delegated to the Fed under 12 USC 411. So yes, that would mean Federal Reserve Notes are lawful money!
Read it again for yourself: "The power so precisely described in Juilliard has been delegated to the Federal Reserve System under the provisions of 12 U.S.C. § 411."
I know, I know, what is "the power"? Fortunately, we have the answer in the quotation from that case immediately preceding that line in Milam: ". . . Under the power to borrow money on the credit of the United States, and to issue circulating notes for the money borrowed, its power to define the quality and force of those notes as currency is as broad as the like power over a metallic currency under the power to coin money and to regulate the value thereof. Under the two powers, taken together, Congress is authorized to establish a national currency, either in coin or in paper, and to make that currency lawful money for all purposes, as regards the national government or private individuals. . . ."
Now once again, just to make it exceedingly clear, the Milam court again: "The power...described in Juilliard has been delegated to the Federal Reserve...under...12 U.S.C. § 411." What is that power? The power to make paper currency lawful money. Period.
[/FONT][/COLOR]Who made this rule that something cannot be what it is redeemable for? You? Because you don't have anything that says that, you're just asserting that it must be the case. Since it's fiat currency we're talking about, it makes total logical sense that the note would only be redeemable for other fiat currency notes.
I really don't understand why you won't listen to me about the code. The code does NOT "keep tabs on current statutory law" and that is NOT "its function." The code is merely the collection of all the laws enacted by congress; the statute as originally passed by congress remains the law until congress repeals it, expressly provides for its repeal, or amends it. The code is NOT updated to remove anachronistic provisions that make no sense given other legislation congress passed; the code is NOT updated to reflect court decisions; the code is NOT updated to correct confusing language and tie up loose ends.
When congress originally passed that statute, Federal Reserve Notes were actually backed by something and actually redeemable. This changed. Accordingly, the redemption provision no longer meant anything meaningful. The only body with the authority to remove the redemption provision from the code is congress, and they must explicitly do it in new legislation enacted by both houses of congress and signed by the president. Absent that action, the text remains in the code, even if it makes no substantive sense, and even though courts have ruled that Federal Reserve Notes can be redeemed in other Federal Reserve Notes.
For the love of all that is good, please stop sounding so ignorant. 31 USC 5115 has NOT been updated to reflect "all case laws associated with the current wording." It has NEVER been updated to do that because that's not how the code works! The text of 31 USC 5115 is based solely on the statutes that were passed by congress. Reading the statute in the code tells you absolutely nothing about how the courts have interpreted it.
I don't think the court is bypassing or redefining anything. The court merely says that the authorization for Federal Reserve Notes that congress gave to the Fed in 12 USC 411 was properly delegated: the Fed, through that provision of the code, exercises the power described in Juilliard, which is to print paper currency that is lawful money. The court didn't dismiss the exchange of notes for notes, and I didn't ignore any part of the case.
What is this about the Fed's admission about the definition of lawful money? As I already said, on that page you linked to earlier the Fed uses "lawful money" to refer to both Federal Reserve Notes and United States Notes. They make no distinction and no admission! The fact that United States Notes had different characteristics is totally irrelevant. Indeed, let's look at the text of the Milam opinion again in order to try and make this clear. You argument here seems to be that Juilliard only endorses paper currency with the characteristics of United States Notes as lawful money; basically, Federal Reserve Notes cannot possibly be lawful money under that case because they're so different from Federal Reserve Notes.
Now here's what the Milam court said, once again: "The power so precisely described in Juilliard has been delegated to the Federal Reserve System under the provisions of 12 U.S.C. § 411." If "the power" in Juilliard is merely the power to issue paper currency with the characteristics of United States Notes, then the Milam court in that sentence is saying that the power has been delegated to the Fed under 12 USC 411. 12 USC 411 isn't the authorizing statute for United States Notes but for Federal Reserve Notes. If the Milam court was reading Juilliard as you read it and have repeatedly claimed they must be reading it, why are they saying the Fed has the power to issue United States Notes under 12 USC 411?
Alright, your first claim makes zero sense because this is just a definition of a word used in the code. Anything fitting this definition is "money" where that word appears in the code. If Federal Reserve Notes and the Japanese yen fit the definition, then they are "money" under the code. Article 3 expressly states that "money" is not a negotiable instrument.
You seem to be agreeing that Federal Reserve Notes are "money" under this definition, and that would make them "money" in Article 3, which means by definition Federal Reserve Notes are NOT negotiable instruments in commercial law.
You know why I don't even need to read anything that you wrote here? Because of the section I already quoted, UCC 3-102:
"(a) This Article applies to negotiable instruments. It does not apply to money, to payment orders governed by Article 4A, or to securities governed by Article 8."
One more time, folks, the definition of the word "money" in the UCC: "(24) "Money" means a medium of exchange authorized or adopted by a domestic or foreign government and includes a monetary unit of account established by an intergovernmental organization or by agreement between two or more nations." Notice this definition has absolutely nothing to do with "lawful money."
And yet again folks, 12 USC 411 to wrap this end up: "Federal reserve notes, 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 authorized."
Because Federal Reserve Notes are money--a medium of exchange authorized by the United States government--nothing you just discussed from Article 3 is applicable. Nothing.