The Federal Reserve: A Study in Soft Constraints

32 Pages Posted: 22 Aug 2014 Last revised: 4 May 2020

Date Written: January 20, 2015

Abstract

This article argues that “soft constraints” are a critical and overlooked complement to formal limitations on an agency's independence. Two types of soft constraints that have been influential checks throughout the history of the Federal Reserve illustrate their power. The first, principled norms, are broadly agreed upon standards as to how the Fed ought to act in a given set of circumstances. As reflected in frequent invocations of the real bills doctrine, Bagehot’s dictum, and the Taylor rule, principled norms both shape Fed action and provide a frame for assessing those actions, A second important soft constraint is the reputation of the Fed Chair. Fed Chairs often serve for exceptionally long periods, exercise significant influence while in office, and are held accountable, by politicians, the press and academics, for actions the Fed takes while they are in office. Although neither of these constraints is perfect or perfectly binding, they are critical complements to the more commonly recognized mechanisms for constraining agency discretion. The article further suggests that soft constraints may be particularly important in settings, like central banking, where there are drawbacks to relying too heavily on formal tools to enhance accountability.

Keywords: Federal Reserve, administrative law, independent agencies, central bank independence

JEL Classification: E58, H10, K00, N10

Suggested Citation

Judge, Kathryn, The Federal Reserve: A Study in Soft Constraints (January 20, 2015). Law and Contemporary Problems, Forthcoming, Columbia Law and Economics Working Paper No. 487, Available at SSRN: https://ssrn.com/abstract=2484047

Kathryn Judge (Contact Author)

Columbia Law School ( email )

435 West 116th Street
New York, NY 10025
United States

HOME PAGE: http://www.law.columbia.edu/fac/Kathryn_Judge

ECGI ( email )

c/o the Royal Academies of Belgium
Rue Ducale 1 Hertogsstraat
1000 Brussels
Belgium

Do you have negative results from your research you’d like to share?

Paper statistics

Downloads
253
Abstract Views
1,768
Rank
221,700
PlumX Metrics