Lev Menand
speaker
1,295 appearances
6 recordings
1 series
first heard Jan 2025
last heard 17 Jul
Lev Menand’s voice in public audio — every appearance, attributed to the second.
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recordings per month · last 12 monthsRecordings per month over the last 12 months — 2 in all, peaking in Jul 2026 with 1.
Appearances
I love weird footnotes.
Yeah, there's a lot of great weird footnotes in these opinions.
And footnote six, you know, Chief Justice Roberts, you know, is saying, well, our exception for the Fed is as the Federal Reserve is currently constituted and with its existing enforcement authorities.
It's just just to head off at the pass.
the idea that, well, let's go power by power and see whether these are actually, each power the Fed has is like consistent with Alexander Hamilton's vision.
Because if you start doing that, like things start to get really messy and confusing.
You need a lawyer to represent you.
So I suggested that the court do this in a Law Review article that I guess was published about May 1st called The Unitary Executive in the Federal Reserve.
What is distinctive about the Federal Reserve Board?
And this does tie exactly to what Nathan was saying.
is that its independence implicates the ability of the legislature to use the power of the purse to check the executive, which was actually at the heart of the framers' understanding of the separation of powers.
Alexander Hamilton said, we're going to be safe under this constitution because the sword is in one hand and the purse is in the other.
It deeply threatens...
the actual constitutional scheme to let the president have access to the money printing machine.
And Alexander Hamilton was referencing this.
And this goes back really to like Magna Carta in the Anglo-American legal tradition.
The idea that the way we ensure we don't have a tyrannical executive is that the legislature controls access to supply.
And Sir Paul Tucker, the former
Deputy Governor of the Bank of England has been making this argument for many years now that that's really the logic.
Now, why didn't the court embrace it?
Showing 181–200 of 1,295 · page 10 of 65
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