We got the true colors of both Notorial Dissent and Shoonra in these two posts.
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The terms “lawful money” and “legal tender" have exactly and only whatever force and value they are given by statute. While Black’s, at least the current edition, may have a reasonably accurate general definition of a word or phrase, it has NO legal standing, the definitions within the statute prevail, and determine the legal meaning of the word or phrase.
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In a nutshell, this is why Congress has repealed the statutory definition of Lawful Money in 1994!
http://uscode.house.gov/uscode-cgi/f...20%20%20%20%20
But you can still find the same definition in a layman fashion:
http://www.investorwords.com/2733/lawful_money.html
And particularly revealing is Shoonra commenting:
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The Federal Reserve Act of 1913 specified that Federal Reserve Banks would maintain at all times in their vaults a specified amount of "gold or lawful money" as a reserve against their deposits. The expression suggests that gold coinage was not, itself, lawful money (the mention of gold was removed in 1933). But the Federal Reserve Board of Governors made clear that "lawful money" meant legal tender.
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In particular:
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The expression suggests that gold coinage was not, itself, lawful money (the mention of gold was removed in 1933).
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- actually 1934.
http://www.law.cornell.edu/uscode/ht...1----000-.html
http://www.law.cornell.edu/uscode/ht...000-notes.html
The intimation is actually that lawful money is directly redeemable in gold. But since it was illegal to own gold for several decades what this means is inelastic currency - US notes = US dollars of a set weight in gold.
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But the Federal Reserve Board of Governors made clear that "lawful money" meant legal tender.
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This is the main smoke and mirrors folks! Pay attention to what Shoonra is saying - The Fed has no power to define lawful money. Only Congress has that power. The courts have no power to define lawful money either. Only the Congress. The courts recognize that only the Congress has the power to define lawful money.
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Originally Posted by US v Rickman; 638 F.2d 182
In the exercise of that power Congress has declared that Federal Reserve Notes are legal tender and are redeemable in lawful money.
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and
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Originally Posted by US v Ware; 608 F.2d 400
United States notes shall be lawful money, and a legal tender in payment of all debts, public and private, within the United States, except for duties on imports and interest on the public debt.
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Regards,
David Merrill.