Um. Not sure if your are serious? In the US legal tender is established by legal statute.
United States coins and currency (including Federal reserve notes and circulating notes of Federal reserve banks and national banks) are legal tender for all debts, public charges, taxes, and dues. Foreign gold or silver coins are not legal tender for debts.
You are referring to the Coinage Act of 1965, which some might call an unconstitutional act. The Constitution delegates the following money powers:
Article 1.
...
Section. 8.
...
To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;
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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 any Thing 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.
So looking to this:
This isn't a matter for debate. It is an absolute fact. Gold isn't legal tender, silver isn't legal tender, Disney dollars aren't legal tender, Bitcoin isn't legal tender.
I would have to disagree. This is a lively debate, lending many fresh facts. Gold and silver can be the ONLY forms of tender, constitutionally. Even then, it must be the states that dictate the law here.
Still, I see nothing that limits an individual's ability to mint coins, and market these as tender for private debts. The only restriction is that States can only accept gold and silver as payment for THEIR debt. And the federal government can only coin money, not restrict its form!
Lying (even by omission) about the legal tender status of something which isn't legal tender can in any way be lawful. The very definition of the word LEGAL tender meaning established by LAW. You can't pass something off as legal tender. It is either legal tender because the law makes it so by decree or it isn't.
Legal tender =/= currency.
After reading this part of your post is when it occurred to me that we are delving into the murky waters of a semantics battle.
I thought this was an interesting article:
http://mises.org/daily/4546I will concede that in some respects you are correct on this point - but please review that article, and let me know what you think as far the opinion that the strict term "legal tender" cannot be applied to the US in a constitutional sense. There are no rights given by the Constitution to the Federal government or the States that allow "legal tender" laws which force the acceptance of debts between individual parties.
Bitcoin could become insanely popular, maybe the most popular alternative currency in the world but that wouldn't make it legal tender in the United States unless Congress (and only Congress) passed laws declaring it so. One can advocate for alternative currencies taking a right turn into legal dead end. It does nobody any good to lie or pretend Bitcoin is somehow legal tender. It absolutely isn't (and probably never will be, at least not in the US).
So as I discussed above, yes I agree. But with the caveat of pointing out that there is no such ability for the US to grant "legal tender."
Yes, I see the resemblance to the Liberty Dollars of long ago, but the ultimate likeness is debatable.
Of course it is debatable. It was debated in court and he lost. A jury believed it was his intent not establish an alternative currency but to counterfeit US currency. The lesson to take from that (combined with the lack of legal challenges for Ithica dollars or say facebook credits) is to make damn sure you currency won't be mistaken for US currency AND certainly don't do something stupid like pretend it is legal tender when it isn't.
The decision of a jury has never decided the constitutionality of a law - it never has and never
can. The Constitution is law supreme.
Again, I don't know the nitty gritty of how his currency was considered a counterfeit. From far away, I guess I could confuse the two, but I haven't seen any sources showing his intent to actually pass these off as the same coin.
I get the sense he was advocating this as an alternative currency, but I could be wrong (It happens a lot).