Real bill currently in Congress c/o S/119/1525
Common Cents Act
Latest action (2026-08-10): Held at the desk.
The Framers
“Founders’ Verdict”
Confidence 0.60
Synthesis
The majority of Founders (Hamilton and Jefferson) find the 'Common Cents Act' unconstitutional because it mandates the continued production of one-cent coins, which exceeds Congress's enumerated powers under Article I, Section 8, Clause 5 and violates the Tenth Amendment by imposing an unnecessary federal burden on commerce and individual liberty. Hamilton emphasizes that the coinage power must be exercised with flexibility and fiscal prudence, and that a rigid mandate to produce a coin costing more to mint than its face value undermines the separation of powers and public credit. Jefferson argues that the Tenth Amendment reserves such matters to the states or the people, and that the act interferes with natural commerce and individual freedom. Madison's conditional opinion, while not a definitive 'no', expresses concern that if the bill mandates indefinite production without regard to economic necessity or state authority, it would likely be unconstitutional, thus aligning with the majority's conclusion.
The proposed 'Common Cents Act' appears to mandate the continued production and circulation of one-cent coins, which would interfere with the constitutional authority of Congress to coin money and regulate the value thereof. Article I, Section 8, Clause 5 grants Congress the power to 'coin Money, regulate the Value thereof, and of foreign Coin.' This power is exclusive and plenary, and any legislative attempt to compel a specific coinage indefinitely, without regard to economic necessity or the discretion of the executive branch in executing the laws, would undermine the separation of powers. …
This bill, by mandating the continued production of the one-cent coin through federal legislation, exceeds the enumerated powers granted to Congress under the Constitution. The Tenth Amendment reserves to the states or the people all powers not delegated to the United States. While Article I, Section 8 grants Congress the power to coin money and regulate its value, it does not authorize the perpetual production of a specific denomination that imposes economic burdens on the people without clear constitutional necessity. Such a mandate interferes with the natural course of commerce and individu…
The constitutionality of this bill depends on its specific provisions. If it merely adjusts the denominations or minting of coins under the power to coin money and regulate the value thereof, it would be clearly constitutional. However, if it attempts to dictate the rounding of prices or the acceptance of currency in private transactions in a manner that interferes with state laws on contracts or commerce, it may exceed the enumerated powers of Congress. The Necessary and Proper Clause allows Congress to choose the means to execute its coinage power, but not to intrude upon powers reserved to …
The Constitution vests in Congress the power to coin money and regulate the value thereof, as enumerated in Article I, Section 8, Clause 5. This grant is a plenary power over the currency of the United States, and the Necessary and Proper Clause (Article I, Section 8, Clause 18) empowers Congress to select the means appropriate to execute this power. In McCulloch v. Maryland (1819), this Court affirmed that Congress may employ any means not prohibited by the Constitution and consistent with the letter and spirit of the instrument. The Common Cents Act, concerning the production and composition…
What should pass
“AI Consensus Solution”
No solution yet
Daily synthesis runs at 06:00 UTC. This bill's consensus draft will appear on the next pass.