ruveyn wrote:
Have you missed the backgrounder? The legislation already exists. Congress has already authorized the minting of platinum coinage in any denomination.
Yes. But the President cannot on his own initiative produce the coin and put it in circulation. That still requires an act of Congress starting with a bill in the House. The constitution does not grant the President any power to appropriate funds or mint coins.
Congress cannot give the president (legally anyway, any power not granted to him by the Constitution).
ruveyn[/quote]
How many ways do I have to say this: the Act of Congress already exists. Congress has given the Secretary of the Treasury the legal authority to mint plantinum coinage without any further action on the part of Congress. Here it is, chapter and verse:
Congress wrote:
U.S. Code, Title 31, Subtitle IV, Chapter 51, Subchapter II,
§ 5112. Denominations, specifications, and design of coins
...
(k) The Secretary may mint and issue platinum bullion coins and proof platinum coins in accordance with such specifications, designs, varieties, quantities, denominations, and inscriptions as the Secretary, in the Secretary’s discretion, may prescribe from time to time.
Congress has not delegated its power through this legislation, it has authorized minting in prescisely the same section that it has authorized the minting of all other U.S. coinage. A new Act of Congress does not get passed every time the U.S. Mint presses out a new roll of pennies--rather, the Mint relies on the authority already conferred on the Secretary of the Treasury by Congress.
Now, you might argue that Congress cannot authorize the Secretary of the Treasury to do this--but in that case, all circulating US coinage is currently unlawful.
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--James