Also known as:Federal Reserves · Fed · FRS · Federal Reserve System
Written by attorneys · grounded in primary & secondary sources — see below
An independent federal agency established to function as the central bank of the United States. The agency conducts monetary policy, supervises banks, and maintains financial stability through a structure that insulates its leadership from at-will presidential removal.
Sources & Authorities
How it applies
Common Examples
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Lost Memorandum in Bank Dispute
Fernando Farrell sued Fairfield Bank after the bank denied a loan commitment recorded only in a memorandum that later disappeared. The bank argued the loss defeated any claim under the statute of frauds. The court permitted oral testimony to prove the memorandum's contents because the Federal Reserve operating rules governing the underlying transaction did not treat the statute as an evidentiary bar.
Legislative Veto Challenge
Finn Fletcher, a member of the Federal Reserve Board, faced an attempt by one house of Congress to block his reappointment through a concurrent resolution. He sued, arguing the procedure violated separation of powers. The court held that the legislative veto mechanism could not override the statutory for-cause removal protection that defines the agency's independence.
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Uniform Acts
Restatements
Casebooks
Hornbooks
Course Outlines
Study Supplements
Immigration & Naturalization Service v. Jagdish Rai Chadha462 U.S. 919, 954 n. 16, 103 S.Ct. 2764, 2785 n. 16, 77 L.Ed.2d 317
State Law Preemption Dispute
Forrest Falconer, a state-chartered bank officer, invoked a state tort rule in litigation against the Federal Reserve's discount-window lending decision. The Federal Reserve argued federal common law controlled. The court applied the Erie doctrine and declined to displace state law because the Federal Reserve's internal operating rules did not create a conflicting federal standard.
Erie Railroad Co. v. Tompkins304 U.S. 64, 78–80 (1938)
Attorney-Client Privilege Assertion
Fidelity Trust sought to withhold internal memos prepared during a Federal Reserve examination. The government subpoenaed the documents. The court upheld the privilege claim because the Federal Reserve's supervisory role did not strip the communications of their protected status under established privilege doctrine.
Upjohn Co. v. United States449 U.S. 383, 389 (1981)
Due Process Hearing Request
Francisco Frost challenged the termination of his Federal Reserve employment without a pre-termination hearing. He argued the agency's for-cause removal statute created a protected interest. The court applied the Mathews balancing test and concluded that post-termination procedures satisfied due process given the agency's independent structure.
Matthews v. Eldridge424 U.S. 319 (1976)
Jury Trial Demand in Federal Case
Ferrum Metals sued a Federal Reserve Bank for alleged mishandling of a wire transfer under state law. The bank moved to strike the jury demand. The court held that the state-law character of the claim required a jury trial because the Federal Reserve's involvement did not convert the action into one governed solely by federal procedural rules.
Byrd v. Blue Ridge Rural Electrical Cooperative, Inc.356 U.S. 525, 537–38 (1958)
Common questions
Frequently Asked
4
Why may the President remove a Federal Reserve Chair only for cause?+
The Federal Reserve is structured as an independent agency whose leaders perform quasi-legislative functions. Congress may therefore insulate the Chair from at-will removal to protect the agency's ability to set monetary policy without executive interference.
Does the Federal Reserve's independence violate separation of powers?+
No. Historical practice and precedent permit Congress to create independent agencies with for-cause removal protections when the officers exercise quasi-legislative or quasi-judicial authority. The Federal Reserve falls squarely within this established category.
How does the Federal Reserve interact with UCC payment rules?+
Federal Reserve regulations and operating circulars supersede inconsistent provisions of UCC Articles 3 and 4. When a funds transfer occurs through Fedwire, the Federal Reserve rules govern settlement and liability allocation.
What interest rate applies when a Federal Reserve Bank must pay interest on a failed funds transfer?+
Absent an agreement or system rule, interest is calculated using the average Federal Funds rate published by the Federal Reserve Bank of New York, adjusted for the reserve requirement when a refund is required through no fault of the receiving bank.
272 U.S. 365, 47 S.Ct. 114, 71 L.Ed 303 (1926)Property
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