Insiders Power December 2015
Insiders Power December 2015
Insiders Power December 2015
An InterAnalyst Publication
The Federal Reserve Act of 1913 was crafted by Wall Street bankers and a few
senators in a secret meeting.
On the Georgian resort hideaway of Jekyll Island (which has some excellent golf courses, by the
way), there once met a coalition of Wall Street bankers and U.S. senators. This secret 1910
meeting had a sinister purpose, the conspiracy theorists say. The bankers wanted to establish a
new central bank under the direct control of New York's financial elite. Such a plan would give the
Wall Street bankers near total control of the financial system and allow them to manipulate it for
their personal gain.
G. Edward Griffin lays out this conspiratorial version of history in his book The Creature from Jekyll
Island. His amateurish take on history is highly suspect, however. Gerry Rough, in a series of wellresearched essays on U.S. banking history, reveals many historical inaccuracies, inconsistencies,
and even contradictions in Griffin's book and others of its genre. Instead of reproducing Rough's
work here, I offer the reader a substantially more accurate view of the events leading up to the
creation of the Federal Reserve System in 1913. To get a proper historical perspective, the story
of begins just prior to the Civil War...
and (3) to create an active secondary market for Treasury securities to help finance the Civil War
(for the Unions side).
The first provision of the Acts was to allow for the incorporation of national banks. These banks
were essentially the same as state banks, except national banks received their charter from the
federal government and not a state government. This arrangement gave the federal government
regulatory jurisdiction over the national banks it created, whereas it asserted no control over
state-chartered banks. National banks had higher capital requirements and higher reserve
requirements than their state bank counterparts. To improve liquidity and safety they were
restricted from making real estate loans and could not lend to any single person an amount
exceeding ten percent of the bank's capital. The National Banking Acts also created under the
Treasury Department the office of Comptroller of the Currency. The duties of the office were to
inspect the books of the national banks to insure compliance with the above regulations, to hold
Treasury securities deposited there by national banks, and, via the Bureau of Engraving, to design
and print all national banknotes.
The second goal of the National Banking Acts was to create a uniform national currency. Rather
than have several hundred, or several thousand, forms of currency circulating in the states,
conducting transactions could be greatly simplified if there were a uniform currency. To achieve
this all national banks were required to accept at par the bank notes of other national banks. This
insured that national bank notes would not suffer from the same discounting problem with which
state bank notes were afflicted. In addition, all national bank notes were printed by the
Comptroller of the Currency on behalf of the national banks to guarantee standardization in
appearance and quality. This reduced the possibility of counterfeiting, an understandable wartime
concern.
The third goal of the Acts was to help finance the Civil War. The volume of notes which a national
bank issued was based on the market value of the U.S. Treasury securities the bank held. A
national bank was required to keep on deposit with the Comptroller of the Currency a sizable
volume of Treasury securities. In exchange the bank received bank notes worth 90 percent, and
later 100 percent, of the market value of the deposited bonds. If the bank wished to extend
additional loans to generate more profits, then the bank had to increase its holdings of Treasury
bonds. This provision had its roots in the Michigan Act, and it was designed to create a more
active secondary market for Treasury bonds and thus lower the cost of borrowing for the federal
government.
It was the hope of Secretary of the Treasury Chase that national banks would replace state banks,
and that this would create the uniform currency he desired and ease the financing of the Civil
War. By 1865 there were 1,500 national banks, about 800 of which had converted from state
banking charters. The remainder were new banks. However, this still meant that state bank notes
were dominating the currency because most of them were discounted. Accordingly, the public
hoarded the national bank notes. To reduce the proliferation of state banking and the notes it
generated, Congress imposed a ten percent tax on all outstanding state bank notes. There was no
corresponding tax of national bank notes. Many state banks decided to convert to national bank
charters because the tax made state banking unprofitable. By 1870 there were 1,638 national
banks and only 325 state banks.
While the tax eventually eliminated the circulation of state bank notes, it did not entirely kill state
banking because state banks began to use checking accounts as a substitute for bank
notes. Checking accounts became so popular that by 1890 the Comptroller of the Currency
estimated that only ten percent of the nation's money supply was in the form of
currency. Combined with lower capital and reserve requirements, as well as the ease with which
states issued banking charters, state banks again became the dominant banking form by the late
1880s. Consequently, the improvements to safety that the national banking system offered were
mitigated somewhat by the return of state banking.
There were two major defects remaining in the banking system in the post-Civil War era despite
the mild success of the National Banking Acts. The first was the inelastic currency problem. The
amount of currency which a national bank could have circulating was based on the market value of
the Treasury securities it had deposited with the Comptroller of the Currency, not the par value of
the bonds. If prices in the Treasury bond market declined substantially, then the national banks
had to reduce the amount of currency they had in circulation. This could be done be refusing new
loans or, in a more draconian way, by calling-in loans already outstanding. In either case, the effect
on the money supply is a restrictive one. Consequently, the size of the money supply was tied
more closely to the performance of the bond market rather than needs of the economy.5
Another closely related defect was the liquidity problem. Small rural banks often kept deposits at
larger urban banks. The liquidity needs of the rural banks were driven by the liquidity demands of
its primary customer, the farmers. In the planting season the was a high demand for currency by
farmers so they could make their purchases of farming implements, whereas in harvest season
there was an increase in cash deposits as farmers sold their crops. Consequently, the rural banks
would take deposits from the urban banks in the spring to meet farmers withdrawal demands and
deposit the additional liquidity in the autumn. Larger urban banks could anticipate this seasonal
demand and prepare for it most of the time. However, in 1873, 1884, 1893, and 1907 this reserve
pyramid precipitated a financial crisis.
When national banks experienced a drain on their reserves as rural banks made deposit
withdrawals, new reserves had to be acquired in accordance with the federal law. A national bank
could do this by selling bonds and stocks, by borrowing from a clearinghouse, or by calling-in a few
loans. As long as only a few national banks at a time tried to do this, liquidity was easily supplied to
the needy banks. However, an attempt en masse to sell bonds or stocks caused a market crash,
which in turn forced national banks to call in loans to comply with Treasury regulations. Many
businesses, farmers, or households who had these loans were unable to pay on demand and were
forced into bankruptcy. The recessionary vortex became apparent. Frightened by the specter of
losing their deposits, in each episode the public stormed any bank rumored, true or not, to be in
financial straits. Anyone unable to withdraw their deposits before the banks till ran dry lost their
savings or later received only pennies on the dollar. Private deposit insurance was scant and
unreliable. Federal deposit insurance was non-existent.
involved Wall Street, the Jekyll Island affair has always been a favorite source of conspiracy
theories. However, the movement toward significant banking and monetary reform was wellknown. It is hardly surprising that given the real possibility of substantial reform, the banking
industry would want some sort of input into the nature of the reforms. The Aldrich Plan which the
secret meeting produced was even defeated in the House, so even if the Jekyll Island affair was a
genuine conspiracy, it clearly failed.
The Aldrich Plan called for a system of fifteen regional central banks, called National Reserve
Associations, whose actions would be coordinated by a national board of commercial
bankers. The Reserve Association would make emergency loans to member banks, create money
to provide an elastic currency that could be exchanged equally for demand deposits, and would act
as a fiscal agent for the federal government. Although it was defeated, the Aldrich Plan served as
an outline for the bill that eventually was adopted.
The problem with the Aldrich Plan was that the regional banks would be controlled individually
and nationally by bankers, a prospect that did not sit well with the populist Democratic Party or
with Wilson. As the debate began to take shape in the spring of 1913, Congressman Arsene Pujo
provided good evidence that the nations credit markets were under the tight control of a handful
of banks the "money trusts" against which Wilson warned. Wilson and the Democrats wanted a
reform measure which would decentralize control away from the money trusts.
The legislation that eventually emerged was the Federal Reserve Act, also known at the time as
the Currency Bill, or the Owen-Glass Act. The bill called for a system of eight to twelve mostly
autonomous regional Reserve Banks that would be owned by the banks in their region and whose
actions would be coordinated by a Federal Reserve Board appointed by the President. The
Boards members originally included the Secretary of the Treasury, the Comptroller of the
Currency, and other officials appointed by the President to represent public interests. The
proposed Federal Reserve System would therefore be privately owned, but publicly
controlled. Wilson signed the bill on December 23, 1913 and the Federal Reserve System was
born.
Conspiracy theorists have long viewed the Federal Reserve Act as a means of giving control of the
banking system to the money trusts, when in reality the intent and effect was to wrestle control
away from them. History clearly demonstrates that in the decades prior to the Federal Reserve
Act the decisions of a few large New York banks had, at times, enormous repercussions for banks
throughout the country and the economy in general. Following the return to central banking, at
least some measure of control was removed from them and placed with the Federal Reserve.
The Federal Reserve Act of 1913 was crafted by Wall Street bankers and a few
senators in a secret meeting.
The Federal Reserve Act never actually passed Congress. The Senate voted on
the bill without a quorum, so the Act is null and void.
The silliest of the Federal Reserve conspiracy theories is that the Federal Reserve Act of
December 23, 1913 passed illegally. The constitution stipulates that both the House and the
Senate must have at least half their members present, a quorum, to vote on any bill. According to
this myth, the Senate voted on the Federal Reserve Act (known as the Currency Bill at the time)
deviously in a late night session when most of its members had gone home or had left town for the
holiday. This was done to impose the will of a pro-banker minority on the objecting
majority. Since no quorum was present, the Federal Reserve Act is not valid.
This idea is better described as folklore than a full-blown conspiracy theory because I've never
been able to find it in print, only on occasion on Usenet or in e-mail from readers. Gary Kah,
author of En Route to Global Occupation, came close when he wrote that the bill's supporters
waited until its opponents were out of town and it was passed under "suspicious circumstances"
(Kah, p. 13-14). Nevertheless, the myth has no basis in fact. The House passed the bill 298-60 on
the evening of Dec. 22, 1913. The Senate began debate the following day at 10am, and passed it
43-25 at 2:30pm.
What of the missing Senators? Since there were 48 states in 1913, forty eight votes plus the tiebreaking vote of Vice-President Thomas Marshall would have been sufficient to approve the bill
even if all absent votes had been cast against the bill. However, many of the missing Senators had
their positions recorded in the Congressional Record. Of the 27 votes not cast, there were 11
'yeas' (in favor of the bill) and 12 'nays. Even if the absentee Senators had been there, the
Currency Bill would have passed easily.
President Wilson signed the Currency Bill into law in an "enthusiastic" public ceremony on Dec.
23, 1913.
The Federal Reserve Act never actually passed Congress. The Senate voted on
the bill without a quorum, so the Act is null and void.
The Federal Reserve Act and paper money are unconstitutional. Gold and silver
coins are the only constitutional forms of money.
Those who hold that the constitution should be interpreted very strictly believe the Federal
Reserve System and paper money are unconstitutional. Sharing the interpretive philosophy of
Thomas Jefferson, they argue that Congress has only those powers which the constitution
specifically enumerates. If the power is not explicitly granted, then the federal government simply
does not have it. Therefore, the Federal Reserve is unconstitutional because Congress does not
have the specific power to create a central bank. In addition, the federal government's power to
create money -- lawful money -- is limited only to minting gold or silver coins; paper currency is
forbidden.
the Bank, Jefferson believed, was in the necessary and proper clause. However, he cautioned that
if the clause could be interpreted so broadly in this case, then there was no real limit to what
Congress could do.2
Hamilton conceded that the constitution was silent on banking. He asserted, however, that
Congress clearly had the power to tax, to borrow money, and to regulate interstate and foreign
commerce. Would it be reasonable for Congress to charter a corporation to assist in carrying out
these powers? He argued that the necessary and proper clause gave Congress implied powers -the power to enact any law that is necessary to execute its specific powers. A necessary law in
this context Hamilton did not take to mean one that was absolutely indispensable. Instead, he
argued that it meant a law that was needful, requisite, incidental, useful, or conducive to the
primary Congressional power which it supported. Then Hamilton offered a proposed rule of
discretion: Does the proposed measure abridge a pre-existing right of any State or of any
individual? (Dunne, 19). If not, then it probably is constitutionally proper on these
grounds. Hamiltons arguments carried the day and convinced Washington.
The Supreme Court had its say on the matter in McCulloch v. Maryland (1819). It voted 9-0 to
uphold the Second Bank of the United States as constitutional. The Court argued with the
doctrine of implied powers, stating that to be necessary and proper the Bank needed only to be
useful in helping the government meet its responsibilities in maintaining the public credit and
regulating the money supply. Chief Justice Marshall wrote, After the most deliberate
consideration, it is the unanimous and decided opinion of this court that the act to incorporate the
Bank of the United States is a law made in pursuance of the Constitution, and is part of the
supreme law of the land (Hixson, 117). The Court affirmed this opinion in the 1824 case Osborn v.
Bank of the United States (Ibid, 14).
Therefore, the historical legal precedent exists for Congress' power to create a central bank. It
formed the Federal Reserve system in 1913 to perform many of the same functions as its
predecessors. As before, the courts have agreed that a central bank, and the Federal Reserve in
particular, is constitutional.
tender we mean a form of money which a government specifies may be used to settle debts and to
pay taxes due to it. During the Revolutionary War many States issued paper money to excess. The
Congress of the Articles of Confederation had also relied heavily on using paper money to fund its
war expenditures. The States had also declared various forms of paper currency, including the
Congress emissions, a legal tender. Severe price inflation was the necessary result of this overindulgence in paper, and by the time the constitutional convention convened paper money had
many enemies.
The primary foes of paper money were commercial and banking interests. When a lender agrees
to fund a loan, he charges a rate of interest which, among other factors, includes a premium for any
expected loss in the purchasing power of the principal during the life of the loan. If the price level
is expected to rise, say, five percent then the lender will insist on an interest of at least that
amount. If in actuality the price level increases eight percent, then the lender stands to lose as
much as three percent of his principal. If a government has the power to issue paper money, then
the potential abuse of this power increases the probability of an unexpected
inflation. Commercial concerns also were generally against allowing paper, and for similar
reasons. The sour inflationary experience of the previous decades made the business climate less
stable than it might otherwise be with a constitutionally guaranteed gold or silver monetary
standard. In addition, such a standard would protect the integrity of commercial contracts that
specified fixed payments in specie. These interests at the convention therefore had two
objectives: To forbid both the States and the federal government from issuing bills of credit -- the
common term for paper money at the time -- and to base the monetary system on gold or silver.
Paper money was not without its partisans, however. Agricultural interests and debtors were
fond of paper money, as well as Ben Franklin, and for many of the same reasons. The losses a
lender is likely to suffer at the hands of a paper-induced inflation are exactly offset by the gains of
the borrower. The debtor would then be able to repay a fixed debt in less valuable
currency. Farmers also generally favored paper money because it tended to create an economic
climate of rising commodity prices relative to other goods, thereby increasing their real
income. Their monetary goal at the convention was to give the government the right to issue bills
of credit or, at the very least, not to deny it the power.
Charles Pinckney of South Carolina produced a draft of a constitution that had two interesting
features for our purposes. From Art. VII. Sec. 1 of his draft we read The legislature of the United
States shall have power (4) To coin money (5) To regulate the value of foreign coin (8) To
borrow money and emit bills on the credit of the United States Also we find in Article XII: No
state shall coin money. We further read in Article XIII: No state, without the consent of the
legislature of the United States, shall emit bills of credit, or make anything but specie a tender in
payment of debts. We can glean some indication of the Founders intent concerning paper money
from the debate on the matter in Madisons notes on the convention. What follows below is an
excerpt of those notes on this debate:
MR. GOUVERNEUR MORRIS [PA.] moved to strike out and emit bills on the credit of the United
States. If the United States had credit such bills would be unnecessary; if they had not, unjust and
useless.
MR. BUTLER [S.C.] seconds the motion.
The fundamental theory on which the Founders created the U.S. constitution is of a government of
limited powers. The federal government would have only those powers specifically enumerated
and those reasonably necessary to enact them. If a power is not expressly given to it, then it is
denied. What Robert Morris of Pennsylvania seeks to do with the above motion is to deny the
federal government the specific right to issue paper money. The discussion continued:
MR. MADISON [Va.] Will it not be sufficient to prohibit making them a tender? This will remove
the temptation to emit them with unjust views; and promissory notes in that shape may in some
emergencies be best.
MR. GOUVERNEUR MORRIS: Striking out the words will still leave room for the notes of a
responsible minister, which will do all the good without the mischief. The moneyed interests will
oppose the plan of government if paper emissions be not prohibited.
MR. GORHAM [Mass.] had doubts on the subject. Congress, he thought, would not have the
power unless it was expressed. Though he had a mortal hatred to paper money, yet, as he could
not foresee all emergencies, he was unwilling to tie the hands of the legislature. He observed the
late war could not have been carried on had such a prohibition existed.
Gorhams thoughts on this are key to interpreting how the Founders would eventually resolve this
issue. The Revolutionary War was financed to a great extent on paper money the Continental
Congress and later the Congress of the Articles of Confederation had issued. The Congress had
no taxing authority of its own and the newly independent States were unwilling to contribute any
significant funds of their own for the war effort. The Congress, with limited credit, was therefore
left to emitting paper money. Although its over-issuance was largely responsible for the severe
inflation of the time, it was also clear to the Founders and to later historians the States could not
have funded their effort in any other way. The personal financial losses many of the delegates
suffered at the hands of the paper money did much to alienate them from the medium, but it did
not erase from their memory the acknowledgment of its financial contribution to their
independence. Gorham, like others at the convention, disliked paper, but were hesitant in denying
forever the governments ability to use it. Madisons notes continued:
MR. MERCER [Md.] was a friend to paper money, though in the present state and temper of
America he should neither propose nor approve of such a measure. He was consequently
opposed to a prohibition of it altogether. It will stamp suspicion on the government to deny it
discretion on this point. It was impolitic also to excite the opposition of all those who were friends
to paper money. The people of property would be sure to be on the side of the plan, and it was
impolitic to purchase their further attachment with the loss of the opposite class of citizens.
MR. ELLSWORTH [Conn.] thought this a favorable moment to shut and bar the door against paper
money. The mischiefs of the various experiments which been made were now fresh in the public
mind, and had excited the disgust of all the respectable part of America. By withholding the power
from the new government, more friends of influence would be gained to it than by almost anything
else. Paper money can in no case be necessary. Give the government credit, and other resources
will offer. The power may do harm, never good.
MR. RANDOLPH [Va.], notwithstanding his antipathy to paper money, could not agree to strike
out the words, as he could not foresee all the occasions that might arise.
Here in a microcosm is the debate on whether to deny the federal government the right to issue
paper money. Mercer and Ellsworth clearly represented the agricultural and commercial
interests, respectively, and their positions are understandable within this context. Randolph,
however, took the middle ground, wondering whether it was wise to tie the hands of future
legislatures.
Eventually, the convention voted 9-2 to strike the clause, thereby denying the federal government
the specific power to emit bills of credit. The relevant sections of the constitution eventually
approved read: Art. I. Sec. 8.: The Congress shall have power (2) to borrow money on the
credit of the United States (5) To coin money, regulate the value thereof, and of foreign coin, and
fix the standard weight and measures. Art. II. Sec 10.: No state shall coin money nor emit bills of
credit nor make anything but gold and silver coin a legal tender in payment of debts
These clauses have several implications relevant to the question of whether todays paper money
is constitutional. Among the lesser effects for our purposes is that it removed from the States
their previous sovereign power to coin money or to emit paper money. It also restricted what they
could declare a legal tender. The question, though, is whether the Congress may legally issue
paper money. Some argue that it was the Founders intent to bar the door to paper money
permanently and the vote to strike the bills of credit clause from Pinckneys draft is evidence of
this intent. This may be a hasty interpretation, however.
Although several members of the convention wanted to deny paper money to the federal
government and believed the act of striking the 'bills of credit' clause accomplished the task, not
all delegates shared either this intent or this interpretation. Several members, as shown above,
were either friends of paper money or did not want to tie the hands of the Congress for all
time. The interpretation of their action varies widely. Mason believed that if the power was not
expressly given, it was denied. As far as he was concerned, the Congress could not authorize
paper money. Morris, though, believed it to be permissible for a responsible minister. Madison,
who cast the deciding vote in the Virginia delegation to strike the clause, still viewed it as legal
provided the notes were safe and proper. Madison wrote, Nothing very definite can be inferred
from this record as to the views of the convention on this matter. As President, Madison
approved of a $36 million non-legal tender paper money issue to help finance the War of
1812. His actions seem to have spoken louder than his words. Luther Martin, a delegate from
Maryland, explained his views to the Maryland legislature and stated:
Against this motion we urged that it would be improper to deprive the Congress of that power;
that it would be a novelty unprecedented to establish a government which should not have such
authority; that it would be impossible to look forward into futurity so far as to decide that events
might not happen that should render the exercise of such a power absolutely necessary; and that
we doubted whether if a war should take place it would be possible for this country to defend
itself without resort to paper credit, in which case there would be a necessity of becoming a prey
to our enemies or violating the constitution of our government; and that, considering that our
government would be principally in the hands of the wealthy, there could be little reason to fear an
abuse of the power by an unnecessary or injurous exercise of it.
It is clear the intent of the Founders was to prohibit the States from issuing paper money. It is not
clear whether the same intent applied to the Congress. Wrote Breckenridge, the clause granting
to Congress the power to emit bills was stricken out, and no prohibition was laid. Silence as to that
was maintained; and all that can be said as to the interpretation of that silence is that, although
there was a strong and well-nigh universal dread of paper issues, there was a stronger dread of too
narrowly limiting the powers of the new legislature; and that there was neither a very definite nor
a unanimous opinion as to the effect of striking out the clause, or as to the extent of the power
granted (p.84). It appears the Founders, whether intentionally or not, left the paper money issue
to be settled by future generations.
Tax protestor's claims concerning the constitutionality of the Federal Reserve System, Internal
Revenue Code and establishment of tax court were so frivolous as not to require discussion and
detail. USCA Const. Amends. 5, 13; 28 USCA 1346; 26 USCA 6532, 26 USCA 7422.
U.S. v. Schmitz, 542 F.2d 782 certiorari denied 97 S.Ct. 1134, 429 US 1105, 51 L.Ed.2d 556.
C.A.Cal. 1976.
Federal Reserve Notes constitute legal tender and are taxable dollars. USCA Const. Art. 1, 10.
Milam v. U.S., 524 F.2d 629. C.A.Cal. 1974.
The statute which delegates to the Federal Reserve System the power to issue circulating notes
for money borrowed and the power to define the quality and force of those notes as currency is
valid ... Although golden eagles, double eagles, and silver dollars were lovely to look at and
delightful to hold, the holder of a $50 Federal Reserve Bank Note, although entitled to redeem his
note, was not entitled to do so in precious metal. Federal Reserve Act, 16, 12 USCA 411;
Coinage Act of 1965, 102, 31 USCA 392.
Moreover, the paper money issue is an irrelevant one. If we replace each all paper that has "one
dollar" printed on it with a coin that has "one dollar" stamped on it, what will we gain? We willl
have achieved compliance with the literal words of the constitution at the expense of a convenient
and popular form of money.
The court made the point again somewhat humourously in Foret v. Wilson, 725 F.2d 400. C.A.La.
1984:
Gold and silver coin do not constitute the only legal tender by the United States; thus, the appellant, who
bid $2.80 in silver dimes on a foreclosed property requiring a minimum bid of $80,000 under Louisiana
law, was not entitled to the deed to the property.
The Federal Reserve Act and paper money are unconstitutional. Gold and silver
coins are the only constitutional forms of money.
The Federal Reserve is a privately owned bank out to make a profit at the
taxpayers' expense.
This myth claims that the 12 Federal Reserve banks are privately owned and therefore want to
earn a profit just like any other company. Of course, the Fed holds the reigns of monetary policy,
so naturally they will use it for the benefit of their owners and not the economy at large. And
finally, since the Fed owns lots of government bonds, much of the Fed's profits come at the
taxpayers' expense through the interest paid to the Fed on those bonds. Like many of the other
Federal Reserve myths, this one has a small degree of truth to it, but also has a fair amount of
misinterpretation and it leaves out a number of crucial details.
Buy and sell government bonds in the secondary markets (open market operations)
Lend reserves to member banks
Offer check-clearing services to member and non-member banks
Issue Federal Reserve Notes and collect worn-out ones for destruction
Enforce reserve requirements and other regulations of the member banks
Monitor banking and economic activity within their respective district
In terms of monetary policy, the most important power is the first one -- open market
operations. Buying government bonds in the secondary markets increases the amount of reserves
in the banking system, puts downward pressure on interest rates, and tends to expand the money
supply. Selling government bonds does the opposite. This is the monetary policy function that is
most often associated with the Fed (What is monetary policy?). However, a Federal Reserve Bank
can only employ open market operations with the explicit approval of the Board of Governors (12
USCA 355).
Finally, at the top of the structure chart is the Board of Governors. The Board is a 7-member panel
who is appointed by the President of the United States and confirmed by the Senate (12 USCA
241). The Board's current Chair is Alan Greenspan. Among its responsibilities:
It's single most important duty is deciding its open market policy, that is, whether it should order
the Federal Reserve Banks to buy or sell government bonds, and if so, how much. This decision is
made in conjunction with the Federal Open Market Committee. The FOMC is a 12-member panel
can consists of all the Board members, the president of the New York Federal Reserve Bank, and 4
presidents from the other Federal Reserve Banks on a rotating basis. The presidents are
appointed by each Bank's board of directors, pending approval from the Board of Governors (12
USCA 341).
Thus, all the key monetary policy decisions -- the ones that affect interest rates -- are made by a
government agency whose members are selected by the President of the United States. The Fed
may be privately owned, but it is controlled by the government.
1999 Combined Statements of Income of the Federal Reserve Banks (in millions)
Interest income
Interest on U.S. government securities
$28,216
Interest on foreign securities
225
Interest on loans to depository institutions
11
Other income
688
Total operating income
$29,140
Operating expenses
Salaries and benefits
1,446
Occupancy expense
189
Assessments by Board of Governors
699
Equipment expense
242
Other
302
Total operating expenses
$2,878
Net Income Prior to Distribution
Distribution of Net Income Dividends paid to member banks
Transferred to surplus
Payments to U.S. Treasury
Total distribution
$26,262
374
479
25,409
$26,262
We can see from the top of the table that the Fed's primary source of income is interest from
government bonds. This money is paid to the Fed by the U.S. Treasury. Is this not de facto
evidence the Fed is leaching off the taxpayers? No, it is not. The Treasury is obligated to pay
interest to whomever owns those bonds. If the Fed did not own them, then the interest would
have been paid to someone else. In fact, from the Treasury's perspective, it is a good thing the Fed
holds those bonds. At the bottom of the table, we see the Fed makes a substantial annual payment
to the Treasury. The higher the Fed's net income is, the larger the payment to the Treasury. In
other words, the Treasury gets back a significant amount of the interest paid to the Fed. Thus,
government bonds held by the Fed are essentially interest-free loans to the government.
Conclusion
The regional Federal Reserve Banks are private owned, but they are controlled by the Board of
Governors -- a federal agency whose members are appointed by the President and confirmed by
the Senate. The Board sets monetary policy and the Federal Reserve Banks execute it. In
addition, the Fed does not use any taxpayer money to fund its operations. While the Fed does
collect interest on government bonds, the Treasury would have had to make such payment even if
they Fed did not hold any bonds. Moreover, the Fed rebates a significant share of its net income to
the Treasury each year, revenues the government would not have at all if the Fed owned no
government bonds.
The Federal Reserve is a privately owned bank out to make a profit at the
taxpayers' expense.
He also described these groups as the banks Class A shareholders (p. 14). This is curious
because Federal Reserve stock is not classified in this manner. It can be either member stock or
public stock, but there are no such things as Class A shares. However, the directors of a Federal
Reserve Bank are separated into classes A, B, and C depending on how they are appointed (12
USCA 302). This may have been the source of Kahs confusion.
Eustace Mullins compiled a very different list. He reported that the top 8 stockholders of the New
York Fed were
Citibank
Chase Manhatten Bank
Morgan Guaranty Trust
Chemical Bank
Manufacturers Hanover Trust
Bankers Trust Company
National Bank of North America, and
Bank of New York.
According to Mullins these institutions in 1983 owned a combined 63% of the New York Feds
stock. These American banks, in turn, were owned by European financial institutions. Since the
commercial banks in the New York Fed's district elect its board of directors, the London
Connection is able to use their American agents to pick the Bank's directors and ultimately control
the whole Federal Reserve System. He explained,
The most powerful men in the United States were themselves answerable to another power, a
foreign power, and a power which had been steadfastly seeking to extend its control over the
young republic since its very inception. The power was the financial power of England,
centered in the London Branch of the House of Rothschild. The fact was that in 1910, the
United States was for all practical purposes being ruled from England, and so it is today
(Mullins, p. 47-48).
He remarked further that the day the Federal Reserve Act was passed in 1913, the Constitution
ceased to be the governing covenant of the American people, and our liberties were handed over
to a small group of international bankers (p. 29).
Clearly, there is a discrepancy between the two lists. According to Kah, foreigners own shares of
the New York Fed directly, but Mullins stated they owned and controlled the Fed indirectly
through ownership of American banks. So who is right? Mullins cited the Federal Reserve Bulletin
for his information on share ownership, but that publication has never reported the shareholder
list of any Federal Reserve Bank. Kahs source is equally elusive unnamed Swiss and Saudi
Arabian contacts. Despite the difficulty in verifying their sources, it may be possible that both men
are correct. The two authors published their lists eight years apart. Since Mullins was the earlier
of the two, it may be possible that sometime between 1983 and 1991 foreigners acquired a
substantial amount of stock in the New York Fed. Of course, it is also possible that they're both
wrong.
To clarify this mystery, lets first look at the Federal Reserve Act of 1913. The law requires that all
nationally chartered commercial banks and S&Ls buy stock in their regional Federal Reserve Bank,
thereby becoming member banks (12 USCA 282). State chartered banks may also join
voluntarily. The amount of stock a given bank must purchase is proportional to the banks size, so
we would expect that the largest shareholders to be the biggest commercial banks operating in
the district. This agrees with Mullins since all of the banks on his list were the largest banks in the
New York region in 1983.
Gary Kahs list of alleged shareholders is more suspect. The law does not permit the stock of a
Federal Reserve Bank to be traded publicly like the stock of a typical corporation (12 USCA
286). The original Federal Reserve Act called for each regional Bank to sell stock to raise at least
$4 million to begin operations (12 USCA 281). The stock was to be sold only to banks, not to the
public. Only in the event that sales to member banks did not raise the necessary $4 million would
the regional Fed Banks be permitted to sell shares to the public. However, all Banks raised the
requisite amount of capital. No stock in any Federal Reserve Bank has ever been sold to the
public, to foreigners, or to any non-bank U.S. firm (Woodward, 1996). Foreign interests comprise
half of the alleged owners on Kahs list. Moreover, three of the hypothesized American owners
are not even banks: Goldman-Sachs, Lehman Brothers, and Kuhn-Loeb are all investment banks,
not commercial banks, and so are ineligible to own any shares of a Federal Reserve Bank. The law
prohibits the general public, non-bank firms, and foreigners from owning anything more than a
trivial amount of stock in any Federal Reserve Bank (12 USCA 283). The only institution on Kah's
list that could possibly own shares of the New York Fed is Chase Manhatten. All the others named
on the list are incorrect. Kah's list is mostly bunk.
Fortunately, we can take a more direct approach to the question of ownership of the New York
Fed and the other Federal Reserve Banks. The New York Fed reports that its eight largest
member banks on June 30, 1997 were:
All of the major shareholders seen here and all of the banks on the complete list are either
nationally- or state-charted banks. All of them are American-owned. Kahs claim that foreigners
directly own the N.Y. Fed is completely wrong. This list is consistent, however, with Mullins in that
all the owners are domestic banks functioning within the N.Y. Federal Reserve district. The
discrepancies are likely due to mergers or other significant changes in the size of district banks
since the publication of Mullins list. To obtain a list of member banks of other Federal Reserve
banks, click here.
satisfactory: the market took off again. In the three summer months, the increase in prices outran
all of the quite impressive increase that had occurred during the entire previous year (Ibid). If the
Fed and its policies were really under the control of its major stockholders, then why did the
Federal Reserve Board clearly defy the intent of its single largest shareholder?
A point Mullins neglects entirely is that the Council has no voting power in Board meetings, and
thus has no direct input into monetary policy. In support of his hypothesis Mullins offers no
evidence, not even an anecdote. Moreover, his Council theory is inconsistent with his general
thesis that the London Connection runs the Federal Reserve System via their imagined control of
the N.Y. Fed. If this were true, then why would they also need the Council?
Conclusion
The allegation that an international banking cartel controls the Federal Reserve is
wrong. Contrary to Kahs claim, foreigners do not own any stock in the New York Federal Reserve
Bank. Neither do they currently own any significant shares of the domestic banks that actually do
own shares in the N.Y. Fed. Moreover, the central assumption that control of the New York
Federal Reserve is the same as control of the whole System is badly mistaken. Also, the profits of
the Federal Reserve System, again contrary to the conspiracy theorists, are funneled almost
entirely back to the federal government, not to an international banking elite. If the U.S. central
bank is in the grip of an international conspiracy, then Mullins, Kah, et al have certainly not
uncovered it.
operations and its cash flows for the years then ended in conformity with generally accepted
accounting principles.
As discussed in Notes 1 and 3 to the financial statements, the Board implemented Statement of
Financial Accounting Standards No. 112, Employers Accounting for Postemployment Benefits,
effective January 1, 1994. In accordance with Government Accounting Standards, we have also
issued a report dated March 25, 1996 on our consideration of the Board's internal control
structure and a report dated March 25, 1996 on its compliance with laws and regulations.
The Board has also contracted with Coopers & Lybrand to conduct annual financial audits of the
Board and the individual Federal Reserve Banks.
Exemptions to the Scope of GAO Audits
The Government Accounting Office does not have complete access to all aspects of the Federal
Reserve System. The law excludes the following areas from GAO inspections (31 USCA 714):
1) transactions for or with a foreign central bank, government of a foreign country, or nonprivate international financing organization;
2) deliberations, decisions, or actions on monetary policy matters, including discount window
operations, reserves of member banks, securities credit, interest on deposits, open market
operations;
3) transactions made under the direction of the Federal Open Market Committee; or
4) a part of a discussion or communication among or between members of the Board of
Governors and officers and employees of the Federal Reserve System related to items.
In 1993 Wayne D. Angell, then a member of the Board of Governors, submitted testimony before
a House subcommittee on the reasons for the restrictions on GAO access. He commented,
By excluding these areas, the Act attempts to balance the need for public accountability of the
Federal Reserve through GAO audits against the need to insulate the central bank's monetary
policy functions from short-term political pressures and to ensure that foreign central banks and
governmental entities can transact business in the U.S. financial markets through the Federal
Reserve on a confidential basis.2
In reference to a bill that would lift the constraints placed on the GAO's audit authority over the
Federal Reserve, Angell stated,
The benefits, if any, of broadening the GAO's authority into the areas of monetary policy and
transactions with foreign official entities would be small. With regard to purely financial audits,
the Federal Reserve Act already requires that the Board conduct an annual financial examination
of each Reserve Bank...The process of conducting financial audits is reviewed by a public
accounting firm to confirm that the methods and techniques being employed are effective and
that the program follows generally accepted auditing standards...Further, a private accounting
firm audits the Board's balance sheet...Finally, and more broadly, the Congress has, in effect,
mandated its own review of monetary policy by requiring semiannual reports to Congress on
monetary policy under the Full Employment and Balanced Growth Act of 1978...In addition, there
is a vast and continuously updated body of literature and expert evaluation of U.S. monetary
policy. In this environment, the contribution that a GAO audit would make to the active public
discussion of the conduct of monetary policy is not likely to outweigh the disadvantages of
expanding GAO audit authority in this area.2
For more on GAO restrictions, you can search the Government Printing Office website for GAO
report T-GGD-94-44, entitled "Federal Reserve System Audits: Restrictions on GAO's Access."
Federal Reserve Banks: Inaccurate Reporting of Currency at the Los Angeles Branch, (9/30/96,
GAO report AMID-96-146).
Federal Reserve Banks: Internal Control, Accounting, and Auditing Issues, (2/9/96, GAO report
AMID-96-5).
Federal Reserve System: Current and Future Challenges Require Systemwide Attention, (6/17/96,
GGD-96-128).
Conclusion
It is obvious that the Federal Reserve System is and has always been audited. It is difficult to
imagine how Kah, Schauf, and other conspiracy theorists could not have come across this evidence
in the course of their research. Perhaps they are merely poor researchers. Or maybe they are
reluctant to acknowledge facts which contradict their basic thesis. Either way, their credibility
among skeptical readers takes a sharp hit by making such obvious factual errors. For more on how
the Federal Reserve System is audited, see the New York Federal Reserve's FedPoints.
1999 Combined Statements of Income of the Federal Reserve Banks (in millions)
Interest income
Interest on U.S. government securities
$28,216
Interest on foreign securities
225
Interest on loans to depository institutions
11
Other income
688
Total operating income
$29,140
Operating expenses
Salaries and benefits
1,446
Occupancy expense
189
Assessments by Board of Governors
699
Equipment expense
242
Other
302
Total operating expenses
$2,878
Net Income Prior to Distribution
Distribution of Net Income Dividends paid to member banks
Transferred to surplus
Payments to U.S. Treasury
Total distribution
$26,262
374
479
25,409
$26,262
We can see from the table that the Fed's chief source of income is interest on government
bonds. However, we can also see that 97% of the Fed's net income goes back to the Treasury.
Shauf is barking up the wrong tree when he complains that the Fed's portfolio of government
bonds is costly to the Treasury. The Treasury would have to pay interest on those bonds
regardless of who owns them. At least when the Fed owns a bond, the Treasury is going to get
back a substantial portion of the interest. From the Treasury's point of view, the more bonds the
Fed owns, the better.
Moreover, it is unclear how Schauf believes the Fed drains $280 billion from taxpayers every
year. The Fed is entirely self-financed as the data above shows; it receives no outlay from
Congress. Perhaps he thinks the Fed receives all the interest payments on the national debt,
which in 1999 summed $353 billion.6 That's not true, either. The Fed owns only about 8.7% of the
total national debt, so the vast bulk of the interest payments are going elsewhere.
Schauf believes the Treasury ought to issue its own currency in the form of United States Notes, a
form of currency issued on a few occasions in the past (there are still some in circulation, although
the total amount is limited by law). A 1953 series A note is shown below.
Current paper money has the inscription "Federal Reserve Note" across the top, whereas the bill
above has "United States Note."
Schauf and the Coalition argue this would be an "interest-free" form of currency. However, there
is no functional difference between U.S. Notes and the Federal Reserve notes we now
use. Neither impose a net interest burden on the Treasury. The key difference between the two
currencies is who controls the issuance. The publicly-appointed Board of Governors now controls
the emissions of Federal Reserve Notes and can make monetary policy decisions largely
independent of political pressure. The issuance of U.S. Notes, on the other hand, would be
controlled by the Treasury Department, an arm of the executive branch and a purely political
entity. Monetary policy, in this economist's view, ought to be based on the needs of the economy,
not on the needs of current incumbent political party.
Like many others, this Federal Reserve myth is also incorrect. Schauf and the Coalition err in the
argument by ignoring entirely the funds rebated from the Fed to the Treasury each year. This key
detail essentially means that the bonds held by the Federal Reserve are interest-free loans to the
federal government -- the equivalent of printing money. Federal Reserve Notes do not cost the
Treasury any net interest. Indeed, Mr. Schauf, the numbers do not lie.
If it were not for the Federal Reserve charging the government interest, the
budget would be balanced and we would have no national debt.
A popular misconception about the Federal Reserve is that it has something to do with the
national debt. The argument is that because the government must pay interest on the money it
has borrowed over the years, today's budget deficit is higher than what it would otherwise be. If
only the Fed wouldn't charge interest on the debt, the government would not have a deficit.
Several things make this argument wrong. First, the Federal Reserve holds very little of the
national debt. Of the $5.7 trillion in government bonds currently outstanding, the Fed holds only
about 8.7%. 2 This means that the bulk of the interest payments go not to the Federal Reserve,
but to the other bondholders.
Second, nearly all the interest paid to the Federal Reserve is rebated to the Treasury. This means
that the bonds held by the Fed carry no net interest obligation for the Treasury. For example, in
1999 the Fed collected $28.2 billion in interest on its portfolio of government bonds, but it
rebated $25.4 billion to the Treasury.1
Third, to say that the budget deficit would be smaller but for the interest payments is an exersize
in absurd logic. One could just as easily say that the deficit is caused by defense spending,
Medicare, or any other combination of programs with spending that sums to the amount of the
budget deficit. One could also blame Congress for not raising enough taxes to cover their
spending plans or for spending too much in the first place.
If it were not for the Federal Reserve charging the government interest, the
budget would be balanced and we would have no national debt.
So many of the exact same patterns that we witnessed back in 2008 are playing out once again in
front of our very eyes. Below, I have shared a chart that was posted by Zero Hedge, and it shows
how the Baltic Dry Shipping Index absolutely collapsed in 2008 as we headed into a major financial
crisis. Well, now the Index is collapsing again, and it is already lower than it was at any point back
in 2008
The evidence continues to mount that we are steamrolling toward a deflationary economic
slowdown that is worldwide in scope.
Just look at the price of U.S. oil. It just keeps on falling, and as I write this article it is sitting at
$40.40.
The price of oil collapsed just before the financial crisis of 2008, and the same pattern is happening
again.
And look at what is happening to commodities. The Thomson Reuters/CoreCommodity CRB
Commodity Index has plummeted to the lowest level that we have seen since the last recession. It
is now down more than 30 percent over the past 12 months, and it continues to fall.
So dont be fooled by the temporary stock market recovery that we have witnessed. The
underlying economic fundamentals continue to decline. We are entering a global deflationary
recession, and the stock market will get the memo at some point just like we saw in 2008.
At this moment, global financial markets are teetering on the brink, and all it is going to take is
some kind of major trigger event to send them tumbling over the edge.
And such an event may be coming sooner than you may think. We live at a time when global
terrorism is surging, relationships between nations are deteriorating and our planet is shaking in
wild and unpredictable ways.
It wouldnt take much to push the financial world into full-blown panic mode. A major regional war
in the Middle East, a terror attack that kills thousands, or an earthquake or volcanic eruption that
affects a large U.S. city are all potential examples of black swan events which could fit the bill.
Technically, the third quarter earnings season is not exactly over: 2% of companies are still left to
report. Untechnically, it is, and with 98% of S&P500 companies now in the history books, 74% of
the companies in the index have reported earnings above the mean estimate but 45%
of the companies have reported sales above the mean estimate.
But while gaming analyst estimates is the oldest trick in the book (and even so more than half of
companies are failing to beat on sales), a truly dire picture is revealed when one steps back and
looks at the data in historical basis.
That is precisely what Ellington Management did recently in their note looking at the last stretch
of the junk bubble. This is what they said.
Corporations are now running out of steam in terms of their ability to generate earnings. As of Q2
2015, the year-over-year change in annual corporate earnings dropped to -$8.21 per share for the
S&P 500 and to -$4.79 per share for the Russell 2000. The previous three times this metric fell
that far into negative territory on the S&P 500 were Q1 1990, Q1 2001, and Q4 2007, coinciding
with the start of each of the last three high yield default cycles. According to a recent article in
The Economist, in the most recent quarter less than half of S&P 500 companies recorded
increasing profit year-over-year.
And here is Ellington's chart showing where "You" are right now.
And since it is not where you "are" that matters but where you "are headed", the place is very
scary indeed.
So keep your eyes open within weeks our world could be completely and totally different.
The global financial system has never been more primed for another 2008-style crisis. Thanks to
the fragility of the system, it could literally happen any time now so stay in preservation mode.
And youll learn when the property market will turn up again. Youll learn when, money markets and
bonds would be a better investment than equity allocations and when not. Youll be ahead of the
markets on every boom and bust and access the tools you can use to prepare yourself to profusion.
To make matters more complex, the idea of optimism and pessimism as dispositional attributes is
giving way to a more nuanced view of these constructs (Paul, 2011). Neither perspective is
inherently good nor "bad", both can be adopted as needed, both may be considered highly
functional depending on the situational context.
In some situations, "defensive pessimism" can be a powerful motivator to make better choices. For
example, being pessimistic about the economy may be a motivator to avoid debt and manage your
money more effectively.
Personally, I've always considered myself something of a realist.
On a scale of half-empty to half-full, most of the time I think "oh, there's a glass with some water in
it, let's measure it".
In some contexts, I'm more optimistic (e.g., if I'm working on this newsletter and I have a sufficient
degree of control over it, I'm usually reasonably optimistic that it will succeed), in other contexts,
I'm less optimistic (e.g., if I'm out fishing on a Sunday morning, and the tides are all wrong and I'm
out of bait, I'm reasonably pessimistic about bringing home dinner).
InsidersPower
I believe socionomics, social mood, and capital flows drive economies in cycles globally. Because of
the World Wide Web there is no time in history that allows for easier data gathering and tracking
because all countries are now highly correlated.
This InsidersPower Newsletter is a compilation of current economic articles written, not by us, but
by global authors within the last 90 days. They represent the current global social mood and
creates a global Point of View that has, by the way, been extremely accurate from ancient
Greece and Rome to our own current society.
It represents current economic reality on a global scale whether its positive or negative.
Ultimately, through the Current Investment Guideline found at the bottom of the Wealth
Preserver InsidersPower page. It delivers the opportunity of an optimistic, positive and profitable
outcome for you.
Based on the criteria already outlined, I believe InsidersPower to be an extremely REALISTIC
newsletter that carries both OPTIMISTIC and PESSIMISTIC content that delivers an
OPPORTUNISTIC outcome.
Ultimately, I just hope you enjoy its content and profit handsomely.
InsidersPower has received both positive and negative comments by readers and we appreciate
both so please opine anytime to [email protected].
By the way . . . which point of view dominates your personality? Now ask your friend or spouse to
see if they agree!
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