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Arizona Introduces a bill to make Bitcoin Legal Tender [pdf]

azleg.gov

41–50 of 111 posts

Re: Arizona Introduces a bill to make Bitcoin Legal Tender [pdf]

#41
post #33

Earlier quoted context omitted.

> make any Thing but gold and silver Coin a Tender in Payment of Debts Well, they've already violated this by accepting USD, but that doesn't necessarily mean they can just do BTC too. To strike this down the courts would need a lawsuit, though, and I'm not sure who could claim damages. > coin money I take this to mean issuing a currency, which they are not doing here since they don't control BTC.

The federal government is what makes USD legal tender, and this clause does not restrict the federal government. Standing would presumably be with the party which refused bitcoin payment in satisfaction of a debt.

This only means it would be pegged to the gold standard set by the FED, I reckon.

Edit: I'm serious. I'm not saying that's a realistic option.

Re: Arizona Introduces a bill to make Bitcoin Legal Tender [pdf]

#42
post #6

Don't get too riled up about this. "Arizona" introduced nothing. State Senator Rogers did. It's probably not going to make it out of committee in the AZ legislature. I'd be surprised if anyone took it seriously. Edit: maybe someone knowledgeable can chime in; I don't think states can even do this. The US Government determines what is legal tender in the US.

Wingnut who’s legislation never even gets to committee.

https://www.billtrack50.com/legislatordetail/25708

And no, that is not legal.

Re: Arizona Introduces a bill to make Bitcoin Legal Tender [pdf]

#43

Guess this would mean one could settle state taxes with Bitcoin? That's sort of neat. Also means someone could have a nice dinner and then refuse to pay with anything but Bitcoin, at least under state law, which sounds less fun.

Unless Arizona has a law that says businesses have to accept all forms of legal tender as payment, I would expect that businesses would not be forced to accept Bitcoin as payment. Consider cash: > There is, however, no Federal statute mandating that a private business, a person or an organization must accept currency or coins as for payment for goods and/or services. Private businesses are free to develop their own p…

I think they’re appealing to the idea that by eating food before paying, you are indebted to the restaurant, and the very definition of legal tender is that it is valid for all debts.

Re: Arizona Introduces a bill to make Bitcoin Legal Tender [pdf]

#44

Earlier quoted context omitted.

> make any Thing but gold and silver Coin a Tender in Payment of Debts Well, they've already violated this by accepting USD, but that doesn't necessarily mean they can just do BTC too. To strike this down the courts would need a lawsuit, though, and I'm not sure who could claim damages. > coin money I take this to mean issuing a currency, which they are not doing here since they don't control BTC.

I'm curious now... could a state just stop accepting USD and demand gold and silver.

I'm curious now, could a state just stop being reasonable?

Re: Arizona Introduces a bill to make Bitcoin Legal Tender [pdf]

#45

Wouldn't this violate the federal Constitution? > 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. -Article I, Section 10, Clause 1

> make any Thing but gold and silver Coin a Tender in Payment of Debts Well, they've already violated this by accepting USD, but that doesn't necessarily mean they can just do BTC too. To strike this down the courts would need a lawsuit, though, and I'm not sure who could claim damages. > coin money I take this to mean issuing a currency, which they are not doing here since they don't control BTC.

[deleted]

Re: Arizona Introduces a bill to make Bitcoin Legal Tender [pdf]

#46
post #9

Guess this would mean one could settle state taxes with Bitcoin? That's sort of neat. Also means someone could have a nice dinner and then refuse to pay with anything but Bitcoin, at least under state law, which sounds less fun.

Is that true? From my understanding as long as the restaurant is up front about what types of payment are accepted prior to the transaction they do not need to accept all forms of legal tender. But I am not a lawyer. From Investopedia: "Creditors are required to accept them as payment offered to discharge a debt; however, except where prohibited by state law, private businesses may refuse to accept some or all forms…

If you order at the counter and pay before eating, a restaurant can deny cash. If you sit down and eat all the food, then they bring you the check, they must accept cash (because now you owe a "debt").

Re: Arizona Introduces a bill to make Bitcoin Legal Tender [pdf]

#47

Earlier quoted context omitted.

> make any Thing but gold and silver Coin a Tender in Payment of Debts Well, they've already violated this by accepting USD, but that doesn't necessarily mean they can just do BTC too. To strike this down the courts would need a lawsuit, though, and I'm not sure who could claim damages. > coin money I take this to mean issuing a currency, which they are not doing here since they don't control BTC.

I'm curious now... could a state just stop accepting USD and demand gold and silver.

No, because Federal law says they have to accept USD.

The Federal government has (and has exercised) the power to expand the definition of legal tender. The states do not.

Re: Arizona Introduces a bill to make Bitcoin Legal Tender [pdf]

#48

Earlier quoted context omitted.

> make any Thing but gold and silver Coin a Tender in Payment of Debts Well, they've already violated this by accepting USD, but that doesn't necessarily mean they can just do BTC too. To strike this down the courts would need a lawsuit, though, and I'm not sure who could claim damages. > coin money I take this to mean issuing a currency, which they are not doing here since they don't control BTC.

>Well, they've already violated this by accepting USD ... no, the US dollar is a Federal construction, created by Congress. Congress is not bound by Article I, Section 10, Clause 1 - only the states.

Still though, the Dollar isn't listed there as a tender that the state can utilize.

I don't think "make legal tender" means "create" but rather "accept as".

Re: Arizona Introduces a bill to make Bitcoin Legal Tender [pdf]

#49

Earlier quoted context omitted.

I'm curious now... could a state just stop accepting USD and demand gold and silver.

I'm curious now, could a state just stop being reasonable?

Sure.

https://en.wikipedia.org/wiki/1861_in_the_United_States

Re: Arizona Introduces a bill to make Bitcoin Legal Tender [pdf]

#50

Earlier quoted context omitted.

> Anything in the constitution is not canonical forever. It is, however, canonical until amended or SCOTUS interprets it away. Constitutionally, it appears quite clear Arizona can't do this currently , and the law as a result would almost certainly be immediately stayed and struck down if passed.

The required interpretation appears readily available. Arizona wouldn't issue anything, but they'll gladly accept it.

It says states can't make something legal tender. Nothing about acceptance.

Arizona can accept Bitcoin all they like. They cannot make it legal tender in Arizona.

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