Constitutional Tender Act

The United States Constitution declares, in Article I, Section 10, "No State shall... make any Thing but gold and silver Coin a Tender in Payment of Debts". This means that no State can make something besides gold or silver a "tender in payment" (which means they cannot "make something else an offer as payment") for any debts, which would include debts owed by and to the State. However, EVERY State in the United States of America HAS made some other "Thing" an offer as payment - they have by law declared that they will accept, and pay out, Federal Reserve Notes for any debts owed by or to them. Therefore, every State is in violation of Article I, Section 10 of the U.S. Constitution. Thus the need for the "Constitutional Tender Act" -- a bill template that can be introduced in every State legislature in the nation, returning each of them to adherence to the United States Constitution's actual legal tender provisions. 

REFERENCE TITLE: legal tender

State of Arizona Senate Fifty-first Legislature First Regular Session 2013

SB 1439

Introduced by Senators Crandell, Burges; Representatives Barton, Farnsworth, Stevens: Senators Melvin, Shooter, Ward, Worsley; Representatives Borrelli, Gowan, Thorpe

AN ACT

amending title 1, Arizona Revised Statutes, by adding chapter 7; relating to legal tender.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1.  Title 1, Arizona Revised Statutes, is amended by adding chapter 7, to read:

CHAPTER 7

LEGAL TENDER

ARTICLE 1.  GENERAL PROVISIONS

1-701.  Definition of specie legal tender

In the statutes and laws of this state, unless the context otherwise requires:

1.  "Legal tender" means an authorized medium of exchange for the payment of debts and taxes.

2.  "Specie" means coin or bullion having gold or silver content.

1-702.  Legal tender recognition; use of specie

A.  Legal tender in this state consists of all of the following:

1.  Legal tender authorized by Congress.

2.  Specie coin issued at any time by the United States government.

3.  Any other specie that a court of competent jurisdiction rules by a final, unappealable order to be within the scope of state authority to make a legal tender.

B.  Except as expressly provided by contract, a person may not compel any other person to tender or accept specie legal tender.

1-703.  Legal tender exchanges; payment of taxes

A.  Notwithstanding any other law, the exchange of one form of legal tender for another does not give rise to liability for any type of tax.

B.  Any tax that is due as a consequence of a transaction that involves specie legal tender shall be paid proportionately in the same legal tender.

C.  Legal tender is money and is not subject to taxation or regulation as property other than money.

1-704.  Enforcement

The attorney general shall enforce this chapter without PREJUDICE to an individual's right of judicial action pursuant to this chapter. 


 http://www.constitutionaltender.com/