Comment by mjd
8 hours ago
You're right, 5111 is more pertinent here.
5111(a)(1) says “shall mint and issue coins” but qualifies it explicitly with “in amounts the Secretary decides are necessary to meet the needs of the United States”. This is a clear delegation of authority.
If you don't think zero pennies is a permissible amount, what about one penny? Two? What minimum number are you arguing for here, and what's your justification for it?
If Congress had wanted to set a minimum number, they could have done so.
Reading it as ”shall mint” is wrong, I think. “Shall” qualifies the whole clause “mint in amounts the Secretary decides (etc.)”.
Understood that way, 5111 makes it unlawful to mint any pennies if the Secretary decides that none are necessary.
> If Congress had wanted to set a minimum number, they could have done so.
I don't think this is necessarily a sound argument. The current presidency is full of examples of aspects of laws being used in ways no president previously had. Those laws existed, but I don't think it follows that congress intended for those powers to exist.
If Congress had wanted to get rid of the penny, they would have done so, since they specifically have the power to “coin money” under Article 1, Section 8.
In fact they have introduced a bill to do just that, that has not passed yet, which means they have not done that.