The last-ever penny will be minted today in Philadelphia

If the US properly got rid of pennies (instead of Trump just doing another end-run around congress, by ordering the Mint to stop making them, on shaky legal ground), the legislation could easily supersede those state laws.

Don't you understand it's an emergency?!?! The United States may not be standing next week if we don't stop minting the penny now!!!

What exactly is the law?

Can you show me the statute requiring the treasury department to coin pennies?

I think this is wrong.

As far as I can tell the relevant statute is 31 USC §5112, and it does not require the minting of all authorized coins:

“(a) The Secretary of the Treasury *may mint* and issue only the following coins: ... (6) ... a one-cent coin that is 0.75 inch in diameter and weighs 3.11 grams.”

(Emphasis mine)

There may be another clause somewhere that requires the Treasury to issue all coins, but that seems unlikely to me. The _number_ of coins to issue of each type is left to the discretion of the Treasury; why wouldn't that include the option to issue none?

https://www.law.cornell.edu/uscode/text/31/5112

Article 1, Section 8 of the constitution gives Congress the authority responsibility to coin money. And in the coinage act of 1792, 31 USC 5111(a)(1), congress directs that the treasury "shall mint and issue coins described in section 5112 of this title in amounts the Secretary decides are necessary to meet the needs of the United States", with the list in section 5112 explicitly listing the penny (31 USC 5112(a)(6)). It's clearly intended to instruct the treasury to mint pennies without congress needing to proscribe the varying amount every year. It also clearly demonstrates the intent that pennies "shall" be produced.

https://spectrumlocalnews.com/mo/st-louis/politics/2025/04/3... https://www.law.cornell.edu/uscode/text/31/5111 https://www.law.cornell.edu/uscode/text/31/5112

The fact that all of that gives leeway for "'none' is all that's necessary" is why I said the legal basis was "shaky" and not "baseless". I think getting rid of pennies is good, but this is something that Congress needs to do, rather than continually abdicating its responsibilities.

I addressed in another reply that "'none' is all that's necessary" is probably a defensible interpretation of the law (the more relevant portion being in 5111 rather than 5112), but the penny being explicitly listed makes it clearly not the intention of congress. That's why I said it's a "shaky" and not "baseless" legal ground. The law is clearly written with the expectation that there will be some, which is why Congress felt the need to pass the Coinage Act of 1857 to phase out the half cent.

I think we should get rid of the penny, but it's Congress's responsibility to do that, and they haven't. I'm opposed to Congress abdicating its power and responsibility like that.

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 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.