Nonstopdrivel
13 years ago

How Louisiana's Poor-Hating Politicians Are Cash-Bashing Lindsay Lohan 

The political geniuses in Louisiana have decided they hate poor people so much, they passed House Bill 195—near unanimously! (One nay in the senate.)

It bans cash on all second-hand transactions. Now, when a good Louisianian holds a garage sale after a bout of spring cleaning, if they accept cash for their old vinyl collection, they’ve broken the law.

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Image by Getty Images North America via @daylife

Swap meets. Church bazaar sales. Antique stores. Buying used skis off Craigslist. You can’t use cash in the Pelican State. Their stated reasoning is to prevent the sale of stolen goods—their view is cash transactions make it easy for criminals to sell their booty. Fair enough! No one wants to encourage dastardly behavior. Which must be very widespread, because one owner of a second-hand shop reports he had come in possession of hot goods once in eight years. (That he knows about! Cue ominous music.) And we all know how church ladies are regular fencers at their sinister fund-raising events.

I frequently write about the unintended consequences of even the best-intentioned legislation. You can’t get a better example than this (and I’m not even sure the legislation was all that well-intentioned). Does it stop the sale of some stolen goods? Maybe, a bit. But the primary impact is it hurts lower income people—who may not have ready access to a credit card or prefer to use cash for obvious reasons. (After all, hasn’t our Congress been hectoring us all for years on how irresponsible we are with credit cards?) And it hurts small business owners who may prefer not to pay transaction costs associated with a credit card swipe machine. Or who themselves want to avoid check fraud! And it hurts everyone, ever, who wants to hold a garage sale, sell a used bike on Craigslist, sell their old car to a nephew, on and on. What deviants!

One of the strengths of America is different states can pass different laws that impact only their state. They can make mistakes—even huge ones—but the impact is limited to home. Or, heck, they can innovate new ideas that might work great that others can copy—or not. Up to them!

My guess is Louisiana’s move is the former—with perhaps one exception. Lindsay Lohan has had multiple run-ins with the law and other forms of social problems, including allegedly “accidentally” walking out of a store wearing pricey jewelry. She’d be flummoxed in her attempt to sell her goods specifically in Louisiana should she need cash fast to pay any of her legal fees. Then again, she could always hock it at a pawn shop. Pawn shops are exempt! Why? Who knows. Politicians are silly.

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Money manager Ken Fisher’s latest book is Debunkery: Learn It, Do It, And Profit From It–Seeing Through Wall Street’s Money-Killing Myths (John Wiley, 2011). Visit his archive at www.forbes.com/fisher.



The politicians of this country never cease to amaze me.
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Formo
13 years ago

The politicians of this country never cease to amaze me.

Originally Posted by: Nonstopdrivel 



I couldn't agree more. Wow.
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zombieslayer
13 years ago
Doesn't your paper money say that it's legal tender for ALL debts public and private? I wonder if this will be thrown out.
My man Donald Driver
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RaiderPride
13 years ago
I this is more about grabbing every possible sales tax penny and stuffing it into the State Coffers, then worrying about stopping crime.




""People Will Probably Never Remember What You Said, And May Never Remember What You Did. However, People Will Always Remember How You Made Them Feel."
Nonstopdrivel
13 years ago

Doesn't your paper money say that it's legal tender for ALL debts public and private? I wonder if this will be thrown out.

Originally Posted by: zombieslayer 


Excellent point I hadn't considered. Then again, just because something is legal tender does not mean anyone is obligated to accept it. Admittedly, that is an entirely different question than banning the use of a form of payment, however.

I wonder if a state could completely ban the use of a federally issued form of tender within its borders? It might argue, for example, that Federal Reserve notes represent a usurpation of state authority. I'm not sure what it would gain by such a gambit, though. Article I, Section 10 of the Constitution forbids a state from coining money, so banning federal tender might inhibit commerce within its borders.
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DakotaT
13 years ago
The only second hand goods you're responsible to pay tax on are registered motor vehicles and recreational vehicles, so I don't quite understand the angle of the LA politicians. But if you are in the business of selling second hand goods there is a sales tax filing requirement, bu the common man can have a rubbish sale anytime without any sales tax collection resposibilities. As a state beaurocrat, I think the attempt at this law is pretty stupid.
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zombieslayer
13 years ago

Excellent point I hadn't considered. Then again, just because something is legal tender does not mean anyone is obligated to accept it. Admittedly, that is an entirely different question than banning the use of a form of payment, however.

I wonder if a state could completely ban the use of a federally issued form of tender within its borders? It might argue, for example, that Federal Reserve notes represent a usurpation of state authority. I'm not sure what it would gain by such a gambit, though. Article I, Section 10 of the Constitution forbids a state from coining money, so banning federal tender might inhibit commerce within its borders.

Originally Posted by: Nonstopdrivel 



True story. A friend of mine had really bad credit and didn't have a checking account at one point. He sent cash to the utility company for his electric bill. The company sent it back and said they do not accept cash. My friend took a picture of the cash and sent it to a judge and the judge ordered the utility company to take it as it's illegal to deny cash.

We'll see where the courts go with this.
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gbguy20
13 years ago
Pretty sure this law won't last long. Doesn't seem legal.
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Wade
  • Wade
  • Veteran Member
13 years ago

Doesn't your paper money say that it's legal tender for ALL debts public and private? I wonder if this will be thrown out.

Originally Posted by: zombieslayer 



My guess is it will. You and I can refuse to accept Fed Reserve Notes as payment (or will until the Feds find a way to re-write that rule). The state of Louisiana may even be able to refuse to accept them if it wants. I can think of several reason, including three specifically enumerated right: (i) The Supremacy clause; (ii) the power to borrow money on the credit of the United States (Article I); (iii) the power to coin money and regulate the value thereof (this is the one I expect saying we 'have to take the fed's notes" laws will be based on; also in Article I; and the one that can and has been used to affirm just about anything Congress does with an "economic" component to it, the Commerce Clause. They could also use the 9th amendment, but I can't remember the last time the Supremes said no to anyone for anything using the 9th as their rationale.

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