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Joshua Biddle's avatar

Vance,

Excellent piece. Your diagnosis of the Federal Reserve's operational failures is both timely and accurate. You correctly identify that the Fed is boxed in, that its true mandate is enabling federal debt, and that its policy of discretionary inflation creates the very instability it claims to prevent. Your call for a return to rules-based policy and an eventual end to the Fed is a necessary and welcome contribution to the discourse.

I would, however, suggest that the problem runs even deeper than policy. The symptoms you describe, fiscal dominance, the Cantillon effect, the boom-bust cycle, are not merely the consequences of bad decisions or mission creep. They are the predictable, inevitable outcomes of a system that is constitutionally flawed from its inception.

My recent research, "The Federal Reserve’s Flawed Foundation: A Constitutional and Historical Re-examination," argues that the Federal Reserve Act of 1913 represents an impermissible delegation of an exclusive legislative power, the power to “coin Money, [and] regulate the Value thereof”—to a quasi-private entity. This is not a policy dispute; it is a structural violation of the separation of powers.

Where your article correctly identifies that the Fed is "independent in name only," my analysis demonstrates that its hybrid public-private structure is a constitutional paradox. As the Ninth Circuit confirmed in Lewis v. United States (1982), the regional Reserve Banks are "privately owned entities." How, then, can a private entity wield a sovereign legislative power? This is the question that legal scholarship has largely ignored, and it is the question that exposes the Fed’s foundational illegitimacy.

Your proposed reforms, balance sheet caps, a return to a narrow lender-of-last-resort function, are sound and necessary steps. But they are, in effect, attempts to manage the symptoms of a constitutional disease. As long as the Fed’s core structure remains intact, it will always be a tool of political convenience, as you rightly note. The pressure to monetize debt and socialize losses is not a policy choice; it is the primary function of a government-enforced banking cartel, as Murray Rothbard so brilliantly articulated.

My argument, therefore, is that we must move beyond policy critiques and mount a constitutional challenge. The 96.9% decline in the dollar’s purchasing power and the 14,545-fold acceleration in national debt under the Fed’s stewardship are not just data points; they are the empirical evidence of a century-long constitutional failure.

We are in complete agreement on the destination: a system of sound money and fiscal restraint. My contention is that the most durable path to that destination is not through policy tweaks, but through a restoration of the constitutional order. The power to create money must be returned to the people’s elected representatives, as the Founders intended, not delegated to an unaccountable committee of bankers and academics.

Your work provides the economic case for why the Fed is destructive. My work provides the legal case for why it is illegitimate. Together, they form a powerful indictment that cannot be ignored.

Thank you for your important work in this fight.

Read more here: https://open.substack.com/pub/dejuremedia/p/the-federal-reserves-flawed-foundation?utm_campaign=post-expanded-share&utm_medium=web

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