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Later this month, the Supreme Court will hear the court case involving President Donald Trump and Federal Reserve Governor Lisa Cook. The case is often framed as a test of the Federal Reserve’s independence. That misses the point.
The real question is, in which constitutional box do these authorities reside? Can Congress bypass the executive and insulate power from presidential control?
The Constitution vests executive power in the president alone. That grant was intentional. The Founders believed liberty depended on clear lines of accountability, not on bureaucratic insulation. If laws are poorly executed or public policy fails, the people must know who is responsible — and who has removal rights is the ultimate test of who holds the power and is, therefore, accountable.
Nothing in the Constitution creates or protects an “independent” central bank. The Federal Reserve exists entirely by statute. Congress may create offices and prescribe duties, but it may not transfer executive authority away from the president by insulating officers from removal (except under conditions so narrow that removal becomes illusory).
A “for cause” standard that effectively prevents presidential judgment undermines Article II. Fight me.
Serving at the pleasure of the President means cause is whatever he says it is. Loss of confidence is cause.
Critics argue that allowing presidential removal threatens public trust in US monetary policy. But there isn’t any… also, the Constitution does not appoint a committee to override the People’s representation and accountability.
And the people vested executive power in President Trump.
The Founders were generally opposed to permanent, insulated authorities exercising vast power without electoral control. A majority of the court claim to be originalists. The originalist position cannot be that the Federal Reserve Act overrides the Constitution.
The second guessing of the President’s authority needs to end, and this might be the case that does it. That would be sweet because such a decision would also effectively neuter the “independence of the federal reserve” narrative.
End the Fed.
Bring on the Golden Age.
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Corrected:
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