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Silver Eagles, Are They Coins?

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Mr Finger's Avatar
United States
405 Posts
 Posted 01/27/2009  01:37 am  Show Profile   Bookmark this reply Add Mr Finger to your friends list Get a Link to this Reply
This is from the US Mints website

"Above all, as legal tender, they're the only silver bullion coins whose weight and purity are guaranteed by the United States Government. They're also the only silver coins allowed in an IRA."

If The Government says its legal tender and a coin,then thats good enough for me!!
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jedichef's Avatar
United States
781 Posts
 Posted 01/27/2009  12:47 pm  Show Profile   Bookmark this reply Add jedichef to your friends list Get a Link to this Reply
I've actually read about a small separatist sect within the US that, untrusting of paper currency, since it is no longer backed by a hard commodity (i.e. silver, gold), are actually using legal tender bullion in their commerce. While it works more like a barter system, they've actually shunned paper curreny in favor of physical silver and gold. I'm trying to find the article on them, but it was a while ago...Personally, I wouldn't mind being paid in gold...
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Conder101's Avatar
United States
17884 Posts
 Posted 01/27/2009  5:24 pm  Show Profile   Bookmark this reply Add Conder101 to your friends list Get a Link to this Reply

Quote:
You couldn't stop them! They're legal tender, you'd have to accept them!

You don't have to accept legal tender.

And I believe that a coin is an item, usually made of metal, issued by a legal authority, with the intention that it should circulate as money. They DO NOT have to be legal tender. They do NOT have to have a denmination on them. But they DO have to be intended to circulate. For that reason I do not believe the bulion eagles, the commems, or proofs are coins.
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docsfishn's Avatar
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1031 Posts
 Posted 01/27/2009  5:41 pm  Show Profile   Bookmark this reply Add docsfishn to your friends list Get a Link to this Reply
jedichef...I believe your thinking of the Liberty Dollar currency.
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DNA's Avatar
United States
2734 Posts
 Posted 01/27/2009  10:00 pm  Show Profile   Bookmark this reply Add DNA to your friends list Get a Link to this Reply

Quote:
Conder101: "You don't have to accept legal tender."

Yeah, if you don't mind a judge declaring your debt to be 'null and void' because you refused a valid offer of payment in legal tender...
http://en.wikipedia.org/wiki/Legal_tender
"Legal tender or forced tender is payment that, by law, cannot be refused in settlement of a debt (debtor cannot successfully be sued for non-payment)."
The United States coinage Act of 1965 states (in part): 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.


Don't take my word or Wikipedia's, ask a lawyer! If I go in the 7-11 and get a 99¢ Big Gulp and all I have is an A.S.E., they will have to take it. Period! Since the A.S.E. is not a "large denomination" as legal tender, the legal concept of "invitation to treat" that allows shops to refuse large-denomination notes (such as $50 and $100 notes) doesn't apply.

Many other countries place restrictions on the maximum amount and type of coins that constitute a "legal tender" payment, but in the U.S. you can pay your property tax with $21,333 in Susan B. Anthony dollars if you want to!
http://www.wlky.com/cnn-news/18311806/detail.html

Wikipedia page for the NORFED "Liberty Dollar" (which is definitely NOT 'legal tender'):
http://en.wikipedia.org/wiki/NORFED

Nothing would stop "hard currency" fanatics from using legal tender American Eagles (gold, silver, platinum) amongst themselves....

Ironically, the Coinage Act of 1965 restored the "legal tender" status of 1933 and earlier U.S. Gold Coins!
Edited by DNA
01/27/2009 10:23 pm
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Conder101's Avatar
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17884 Posts
 Posted 01/28/2009  2:10 pm  Show Profile   Bookmark this reply Add Conder101 to your friends list Get a Link to this Reply
I don't take your word or Wikipedia How about an opinion from the Tressury department?



Legal Tender: A Definition
blank
31 USC § 5103. Legal Tender

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.

However, there is no Federal statute which mandates that private businesses must accept cash as a form of payment. Private businesses are free to develop their own policies on whether or not to accept cash unless there is a State law which says otherwise.

http://www.bep.treas.gov/document.cfm/18/110
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rbf's Avatar
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 Posted 01/28/2009  5:00 pm  Show Profile   Bookmark this reply Add rbf to your friends list Get a Link to this Reply
Yes, Silver Eagles are indeed coins. In fact, anything issued from the U.S. Mint with a face value on it is a coin. Otherwise it would be considered a "token" which clearly is not the case. Just because people don't customarily spend Silver Eagles, hypothetically they COULD be used in general commerce, just as any other dollar coin.
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jbuck's Avatar
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 Posted 01/28/2009  5:30 pm  Show Profile   Bookmark this reply Add jbuck to your friends list Get a Link to this Reply

Quote:
However, there is no Federal statute which mandates that private businesses must accept cash as a form of payment. Private businesses are free to develop their own policies on whether or not to accept cash unless there is a State law which says otherwise.
That should be the final word on it, but to make it simple: if a store does not want to take your cash, then you take your business elsewhere!

If it is a debt, then they have to take your cash or they will lose claim to that debt (unless you agreed beforehand to pay them some other way; a contract is still a contract).
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jedichef's Avatar
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781 Posts
 Posted 01/28/2009  6:10 pm  Show Profile   Bookmark this reply Add jedichef to your friends list Get a Link to this Reply
I wish my credit card companies and Sallie Mae would refuse my cash once in a while!
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DNA's Avatar
United States
2734 Posts
 Posted 01/28/2009  10:17 pm  Show Profile   Bookmark this reply Add DNA to your friends list Get a Link to this Reply

Quote:
Conder101: "However, there is no Federal statute which mandates that private businesses must accept cash as a form of payment."

Absolutely correct! However, if the business does accept U.S. coins and currency as payment, then they will have to take your American Silver Eagle, $2 bill, Eisenhower dollar, etc. etc.

Since 7-11 accepts legal tender of $20 or less as payment, they have to accept any and all legal tender of $20 and below, including the example A.S.E. (which is $1 in legal tender value).
So what I said about 7-11 is still correct, but yes if a business does not accept cash at all, and the goods or services have not already been provided before payment (causing a debt, legally speaking), they can refuse the A.S.E.

More specifically, almost all 'retail' businesses accept $20 Notes as payment for goods and services. Therefore, this obligates them to accept any legal tender in denominations of $20 or less. They cannot claim "invitation to treat" to refuse a denomination size that's smaller than one that they accept!

If Conder101 or anyone else is aware of any brick-and-mortar retail businesses (where a human being tenders your transaction) that completely refuse to accept cash as payment, please post here about them! I'm sure that in a country as big as the United States, that there would be a few such businesses to be found....

When you pay cash for every purchase, you become more aware of the implications of 'legal tender'. Last month, a cashier at a computer store did not want to take my Presidential dollar and called the manager. Of course, the manager made him take it, saying "it is legal tender". The real reason why they had to take it as payment is stated above. This store accepts cash (including $100 bills, in their case), therefore they have to take any legal tender U.S. coins and currency in denominations of $100 and below.

My favorite take-out pizza place has a sign posted that they do not take $100 Bills. Since you do not get the pizza until after you pay for it, if all you have is a $100 bill, no pizza for you! (until you drive to the nearby grocery store and have them change your bill for five $20's) However, they have had people pay for pizzas entirely with 26.5mm Dollar coins and clad JFK Half-Dollars, at which point they're glad to see "DNA" come in because they know that he'll gladly take those as change... ...and NO, I don't pay for pizza with those....
Edited by DNA
01/28/2009 10:24 pm
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docsfishn's Avatar
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1031 Posts
 Posted 01/28/2009  10:34 pm  Show Profile   Bookmark this reply Add docsfishn to your friends list Get a Link to this Reply
Since none of the Moderators have moved this from the Modern US Coin Forum to the Token, Medal, and other Exonumia Forum does this mean case closed? A coin is a coin.
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FreezerBurn's Avatar
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135 Posts
 Posted 01/29/2009  07:18 am  Show Profile   Bookmark this reply Add FreezerBurn to your friends list Get a Link to this Reply
ASE's are government-issued silver "rounds" who's bullion value has no bearing on the stamped denomination. An NCLT - meaning not intended for circulation.
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Bryan1315's Avatar
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14454 Posts
 Posted 01/29/2009  07:55 am  Show Profile   Bookmark this reply Add Bryan1315 to your friends list Get a Link to this Reply
I didn't read through this whole post because I have the flu and its hard to even hold my head up but wanted to answer anyway. Any thing minted by the US Mint with a denomination on it no matter what type of metal or other thing its made of it legal tender for the face value of whats stamped on the coin (in this case 1 dollar). These were never meant to trade at face value but they can and it would be perfectly legal, the only reason they don't is because the metal content is worth more than the face value, same with morgans and Peace dollars, the metal content is worth more than face value so you don't see them circulate that much but if someone wanted to they could still take it to the bank and get $1.00 for them
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DNA's Avatar
United States
2734 Posts
 Posted 01/29/2009  11:43 am  Show Profile   Bookmark this reply Add DNA to your friends list Get a Link to this Reply
The legal tender value of American Eagle coins is the government's guarantee to the purchaser that the coin will be worth at least its face value as U.S. legal tender, even if the precious metal it is made out of became worth less than the face value. Non-legal-tender silver rounds have no minimum guarantee of value other than the metal that they are made out of. The coin has a government-guaranteed legal tender value, and the round does not. (That's the difference between a bullion coin and a bullion round, stated right there in 14 words)

Suppose some brilliant scientist invents a way to fabricate silver from low cost materials for 25¢ a troy ounce? Then, all the standard non-legal tender one ounce silver rounds in the world would be worth 25¢, and legal tender one-ounce silver bullion coins would still be worth their face value in their country of origin.

As I stated on another post a while ago, if this ever happened, cash drawers across the U.S. would be breaking from the weight of the sudden influx of spent A.S.E.'s, and a similar situation in Canada with the Maple Leafs, etc.

You might dismiss the idea of low-cost fabricated gold and silver as being 'impossible' (the alchemists' dream for the past 2000 years), but 100 years ago many people would have thought that the underlying technology that we use to communicate on this very forum was 'impossible'!


Quote:
FreezerBurn "ASE's are government-issued silver "rounds" who's bullion value has no bearing on the stamped denomination."

You could say the exact same thing about pre-1965 90% silver Dimes, Quarters, Half-Dollars and Dollars. They are frequently sold as "junk silver" bullion!
Edited by DNA
01/29/2009 12:04 pm
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nod2003's Avatar
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3294 Posts
 Posted 01/29/2009  12:10 pm  Show Profile   Bookmark this reply Add nod2003 to your friends list Get a Link to this Reply
Well, I don't know about silver, but you can turn lead into gold. All it takes is a particle accelerator and a lot of energy.
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