Penny For Your Thoughts

It’s a cult. pic.twitter.com/ujZc8Qdpc8

— Ron Filipkowski (@RonFilipkowski) February 10, 2025

31 USC 5112:

(a) The Secretary of the Treasury may mint and issue only the following coins: 

(1) a dollar coin that is 1.043 inches in diameter. 

(2) a half dollar coin that is 1.205 inches in diameter and weighs 11.34 grams. 

(3) a quarter dollar coin that is 0.955 inch in diameter and weighs 5.67 grams. 

(4) a dime coin that is 0.705 inch in diameter and weighs 2.268 grams. 

(5) a 5-cent coin that is 0.835 inch in diameter and weighs 5 grams. 

(6) except as provided under subsection (c) of this section, a one-cent coin that is 0.75 inch in diameter and weighs 3.11 grams. 

... 

(c) The Secretary may prescribe the weight and the composition of copper and zinc in the alloy of the one-cent coin that the Secretary decides are appropriate when the Secretary decides that a different weight and alloy of copper and zinc are necessary to ensure an adequate supply of one-cent coins to meet the needs of the United States.

31 USC 5112 directs the Secretary of the Treasury to coin denominations set out in the statute (i.e., at the direction of Congress). The only determination the Secretary can make is the zinc/copper composition of the penny to “ensure an adequate supply” to meet the country’s needs. 

Which doesn’t authorize him to de-authorize the penny. That authority remains with Congress.

The Congress shall have Power . . . ] To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures; . . .

Article I, Section 8, Clause 5. By the way:

Because Article I, Section 10, Clause 1 of the Constitution prohibits the states from coining money, the Supreme Court has recognized Congress’s coinage power to be exclusive.

I don’t see where Congress has delegated that exclusive power to the Secretary of the Treasury. Not in this statute, anyway.

Gonna be interesting to see what Congress does about this. 🧐

Yeah, I'd also gone to the statute when I saw his latest. My thought is that there are a bunch of "shall issue" clauses in the language, so does that suggest "may issue" means Congress delegated and TreasSec has discretion to issue (so long as the coinage conforms to specified composition, weight, etc) or not?

The bulk of the statute concerns specific coinage, like the state quarters I collected a few years back. But section a) directs treasury to mint certain denominations, and only (in section c) gives discretion on the metals composition of the penny. But the Treasurer has no discretion in whether or not to issue any of the specified coins in section a. Arguably he can slow or increase production; but there’s no authority granted to cease production altogether.

That’s up to Congress.