S. 1525 explained  ·  119th Congress  ·  Pending in Congress

Common Cents Act

Create a free account or sign in to follow S. 1525 and get alerts. Policy area: Finance and Financial Sector Create a free account or sign in to follow the Finance and Financial Sector policy area and get alerts. ▲ 70 days since action Sponsor: Cynthia M. Lummis, WY-Senate, R → Congress.gov

Cosponsors: 3 (2 D, 1 R) · per Congress.gov, 2026-10-14

Introduced: 2025-04-30

Latest action (2026-08-10): Held at the desk.

What S. 1525 does, in plain terms

Common Cents Act This bill ends the production of the penny for general circulation, requires rounding to an amount divisible by five for the payment or transfer of cash, and allows the nickel to be composed of different material. The Department of the Treasury must stop producing the penny, except to meet collector needs. The penny shall continue to be legal tender. Any person selling goods or services in a cash transaction, entering into other transfers of cash, or paying cash wages to an employee must round the payment up or down in accordance with the bill. The bill also allows Treasury to discontinue the minting for circulation of any coin if Treasury follows procedures as outlined by the bill, including providing notice and a briefing to Congress. The Federal Reserve Board must periodically report on a strategic plan for the acceptance of penny orders and deposits at commercial coin terminals that provide services under agreements with Federal Reserve banks. Finally, the bill allows for a different material composition of the nickel. In addition to being made from an alloy of copper and nickel, the nickel may also be clad with an inner core of zinc and an outer layer of nickel.

Official summary by the Congressional Research Service, via Congress.gov.

Constitution Index

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The Framers

“Founders’ Verdict”

UNCONSTITUTIONAL

Confidence 0.60

Archived SI output (machine-generated)

No editorial review recorded. This historical SI verdict was machine-generated by software and predates the review desk; check it against the official bill text.

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.

Hamilton NO

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. …

Article I, Section 8, Clause 5 Federalist No. 30
Jefferson NO

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…

Amendment X Article I, Section 8
Madison CONDITIONAL

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 …

Article I, Section 8, Clause 5 (coinage power) Article I, Section 8, Clause 18 (Necessary and Proper Clause)
Marshall YES

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…

Article I, Section 8, Clause 5 McCulloch v. Maryland (1819)
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