View Single Post
  #12   Report Post  
Old 04-12-2010, 07:11 PM posted to alt.motorcycles,alt.usenet.kooks,comp.os.linux.advocacy,comp.sys.mac.advocacy,rec.gardens
Steve Carroll Steve Carroll is offline
external usenet poster
 
First recorded activity by GardenBanter: Oct 2010
Posts: 61
Default Reality coldcocks Snit... again. Was: The Duc is up for the sale!

On Dec 4, 10:17*am, Snit wrote:
Big Crotch on a Small Fish stated in post on
12/4/10 12:08 AM:





Steve Carroll wrote:
On Dec 3, 3:20 pm, Snit wrote:


(snip)


Hmmmm, who to believe...


... *USC or IRS talking points


http://www.irs.gov/businesses/small/article/0,,id=106503,00.html


I'll see your *partial quote* *from the IRS's pile of marketing
bullshit and raise you additional, pertinent context from this case
that the IRS didn't bother to include (for obvious reasons):


"Defendant argues that the Federal Reserve Notes in which he was paid
were not lawful money within the meaning of Art. 1, ? 8, United States
Constitution. We have held to the contrary. United States v. Ware, 10
Cir., *[**7]
608 F.2d 400, 402-403. We find no validity in the distinction which
defendant draws between "lawful money" and "legal tender." HN6Go to
this Headnote in the case.Money is a medium of exchange. Legal tender
is money which the law requires a creditor to receive in payment of an
obligation. The aggregate of the powers granted to Congress by the
Constitution includes broad and comprehensive authority over revenue,
finance, and currency. Norman v. B. & O. R. Co., 294 U.S. 240, 55 S.
Ct. 407, 79 L. Ed. 885. In the exercise of that power Congress has
declared that Federal Reserve Notes are legal tender and are
redeemable in lawful money. Defendant received Federal Reserve Notes
when he cashed his pay checks and used those notes to pay his personal
expenses. He obtained and used lawful money."


Note the judge's *line which states:


"In the exercise of that power Congress has declared that Federal
Reserve Notes are legal tender and are redeemable in lawful money."


Congress made a clear distinction between "legal tender" and "lawful
money" so judges wouldn't have to do anything thinking about this
issue and get all confused the way you are.


The law passed by Congress was not suitable for this dishonest,
activist judge... here is his obvious contradiction:


"He obtained and used lawful money."


Hint: Neither partial quotes referenced on the internet version of the
IRS's talking points or *bogus, district *level case law (this won't
ever get to the SC, also for obvious reasons) supersede the USC. *That
certain *judges won't uphold certain laws is irrelevant to what the
law states. If you knew anything about the law you'd understand that.


You're welcome.


LOL!


* * We find no validity in the distinction which defendant
* * draws between "lawful money" and "legal tender."

LOL indeed!

But, by all means, explain why you understand things better than the
courts...


You're confused... as usual

The discussion here is about whether or not FRNs are "lawful money"
from a legal standpoint, it's not about whether or not someone named
Rickman couched his argument properly so as to be seen 'valid' by a
judge. It's also not about a judge's misinterpretation of a law he
referenced as he simultaneously created a glaring contradiction in his
opinion.

I "understand" exactly what I said: Federal Reserve Notes are not
"lawful money" as per title 12 of the USC. Were you able to comprehend
what you read from this judge (instead of engaging in law worship via
case law) you'd be asking him how he could referenced Congress' intent
to make clear that FRN are not lawful money, yet, he simultaneously
claimed Rickman used lawful money when he used FRN.

So... what we have here is you arguing that the law created under
title 12 is not a law and your evidence that it isn't a law is:

The misguided opinion of a district court judge who clearly
misinterpreted the law he referenced even *as* he referenced it.

By the way... that the IRS saw fit to only include a tiny, self
serving snippet and not the judge's blatant contradiction is a pretty
big clue how these folks operate.


You're welcome for this education.