Why I Said the Federal Reserve Is Unconstitutional

‘But it works well’ is not a sufficient legal argument.

Share this story

Federal Reserve Chair Jerome Powell gestures during a press conference in Washington, D.C., July 30, 2025.

Jonathan Ernst/Reuters

Dominic believes that I am being too stingy in my view that the Federal Reserve — which, on balance, I consider to be a useful institution — is unconstitutional under an originalist reading of the Constitution. Attempting simultaneously to reassure and to persuade me, he writes:

As ever, his case is fair, well meaning, and intellectually defensible. But, in its eagerness to reach a more salutary conclusion than my own, it skips over a good deal of important American history, ignores some substantial logical problems, and nonchalantly overstates the strength of the precedents that it invokes.

Charles C. W. Cooke

About the Author

Charles C. W. Cooke

Charles C. W. Cooke is a senior editor at National Review and the host of The Charles C. W. Cooke Podcast.

Comments

Advertisement

Advertisement