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Institutions for Stable Prices:
How To Design an Optimal Central Bank Law
First Conference of the Monetary Stability Foundation
Regional Office of the Deutsche Bundesbank
Frankfurt, Germany
December 5, 2002
Published in the Federal Reserve Bank of St. Louis Review, September/October 2003, 85(5), pp. 1-5

I

am pleased to be here today to discuss an
extremely important topic. But I believe it
wise to begin on a humble note. The title
of this session includes the phrase “optimal
central bank law.” In designing a central bank
law, we do not have a well-specified mathematical model to optimize, and consequently we
cannot expect to find the optimal law. It would
be a mistake, I believe, to be so bold as to recommend a legal framework for all countries for
all time. The fact is that most high-income countries today, and many low- and middle-income
countries, have achieved a high degree of success in maintaining low inflation, even though
laws in these countries display substantial differences. We need to think rather abstractly about
the design of the legal framework for the central
bank and recognize that there are different ways
to achieve the same end.
We should also recognize that success in
achieving low and stable inflation, or price stability if you prefer that formulation, is relatively
recent. We may well discover that some institutional arrangements are more robust over time,
as we observe how various arrangements stand
up to stresses not yet observed.
An institution as important as a central bank
cannot take a particular form without substantial
public understanding of the reasons for that form.
A century ago, most informed people believed
that the only sound basis for a monetary system
was for paper money to be convertible into gold.

For some years after World War II, most observers
believed that fixed exchange rates were essential
to monetary stability. Clearly, popular opinion
and understanding of economic ideas imposes
limits on our ability to transform the economy
by changing laws.
Before proceeding, I want to emphasize that
the views I express here are mine and do not
necessarily reflect official positions of the Federal
Reserve System. I thank my colleagues at the
Federal Reserve Bank of St. Louis for their comments, but I retain full responsibility for errors.
I’ll organize my thoughts in four sections. In
the first, very brief section, I’ll discuss economic
principles. I start there because the legal framework within which a central bank operates must
be consistent with the way a market system works,
and the goals assigned to a central bank must be
within its power to achieve. Next, I’ll discuss
central bank law consistent with economic principles and, in a separate section because of its
importance, the design of central bank independence. Finally, I’ll address the issue of central bank
transparency.
To make the exposition a bit easier, I’ll refer to
the leadership of a central bank as the “governor,”
which will refer to the governor, chairman, or
governing board as appropriate. I’ll refer to the
top elected official of the government as the
“president,” which will refer to the president or
prime minister as appropriate.
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MONETARY POLICY AND INFLATION

ECONOMIC PRINCIPLES
The logical place to begin an analysis of how
to design an optimal central bank law is with a
simple statement of economic principles. The
principles I believe should guide our thinking
are these:
• Inflation, anticipated and especially unanticipated, above some threshold rate is
costly. Deflation is also costly. Costs are
low when the departure of the rate of price
change, whether above or below the threshold rate, is small; costs are larger when the
departure is larger. The evidence suggests
that the costs of departures are not symmetric; deflation of 5 percent per year is likely
to be much more costly than inflation of 5
percent per year.
• There is no long-run tradeoff between inflation and unemployment, and the short-run
tradeoff may well be too unreliable to be
useful for policymakers.
• Market expectations about future monetary
policy (and future economic policies generally) are extremely important in determining how well monetary policy will work.

CENTRAL BANK LAW
Because inflation and deflation are costly, a
central bank ought to have an inflation target. I
believe that the appropriate target is zero inflation,
properly measured—that is, abstracting from
measurement errors in price indexes. Others
believe that a small, positive rate of inflation is
appropriate. The difference between 0 and, say,
2 percent inflation per year is a minor matter
relative to other issues. In particular, reasonable
stability in the rate of inflation and especially in
the expected rate of inflation over the medium
term are more important than whether the target
rate is 0 or 2 percent per year. Whether the target
is expressed as a point or a range is an interesting
issue, but not fundamental.
2

I personally favor a legislated inflation target,
but whether the target is legislated is not the main
issue. If the weight of public opinion is not behind
a legislated target, it will not be effective. The
United States does not have a legislated target,
but since the mid-1990s the Federal Reserve has
been successful in achieving and maintaining a
low average rate of inflation. What is needed is
not so much a legislated inflation target but a target
framework that the public regards as having constitutional force. In the United States, the gold
standard used to have constitutional force even
though it was never written into the Constitution
explicitly.
What I mean by “constitutional force” is that
a law or practice cannot be changed without resort
to lengthy discussion and, in the case of a law, by
a super majority or its equivalent. A provision of
constitutional force is basic to the functioning of
society; it is part of the shared consensus, backed
by widespread consent, within which everyday
legislation is crafted.
In the United States, repeal of First Amendment protection of freedom of speech is unthinkable, and that was essentially the situation
applying to the gold standard for many years.
But when the gold standard ceased to have constitutional force as a consequence of the Great
Depression, over time Congress repealed legislation providing for gold coins and other features
of the gold standard. I think it is true—I hope it
is true—that in the United States today the idea
that Congress or the Federal Reserve would deliberately aim for, or tolerate, a sustained inflation
rate of, say, 8 percent per year is now unthinkable. If so, the idea that the Federal Reserve has
a responsibility to maintain low and stable inflation in the neighborhood of recent experience is
approaching the level of constitutional force.
I am sure, however, that in many countries
debate over a legislated inflation target has been
extremely valuable in helping to create a consensus of constitutional force. What I am emphasizing is that such legislation can never be the end
of the matter; central bankers and others must
constantly explain the reasons for a legislated
target to ensure that it is not simply absorbed

Institutions for Stable Prices: How to Design an Optimal Central Bank Law

into the immense mass of legislation on the books
of our democratic countries that is widely ignored
and largely forgotten.
Because the effectiveness of a central bank in
achieving sustained low inflation depends importantly on its credibility, there is no substitute for
consistent policies that build market confidence
over time. Once credibility is lost, regaining it
takes time and a willingness to endure short-run
pain, where the short run may be measured in
years. Maintaining credibility over time requires
institutional strength that transcends current
leadership. Absent crisis conditions, policy should
evolve relatively slowly over time, with each
change studied carefully and then explained
fully. Otherwise, the predictability upon which
credibility depends may be incomplete. The purpose of sustained low inflation is to minimize
price level shocks that upset business planning
and redistribute income and wealth arbitrarily.
For the same reason, the central bank should strive
to avoid surprises in its own policy procedures.
One of the most difficult and hotly debated
issues is whether monetary policy should be
confined to an inflation objective or should also
have an employment or growth objective. My view
is that it does not make economic sense for the
central bank to have objectives stated in terms of
the level of employment or the rate of growth of
real gross domestic product (GDP). It is within the
power of the central bank to achieve a long-run
inflation objective, but not to achieve an objective
for the level of employment or the unemployment
rate. No organization should be assigned an objective that it cannot achieve or, at best, achieve only
temporarily.
I think it is within the power of the central
bank, however, to contribute to employment stability. If inflation expectations are solidly held,
which is an expected outcome of achieving an
inflation objective on a sustained basis, then the
central bank can reliably change real interest rates
in the short run. Provided that the central bank’s
short-run policy decisions do not shake confidence in the long-run policy, it can direct short-run
policy to help cushion employment fluctuations.
It is reasonable to interpret a number of episodes

in the United States since 1982 in this way; most
recently, I think that it is undeniable that the Fed’s
rapid reduction in its federal funds rate target in
2001 helped to soften the extent of the recession.
Of course, we cannot judge the success of a policy by one incomplete episode—the judgment of
history might be that policy was too easy too long,
although that is certainly not my judgment at
this time.
My point is not to offer commentary on
recent Federal Reserve policy but to emphasize
that success on the inflation front provides the
opportunity to employ monetary policy to stabilize, or to work in the direction of stabilizing,
short-run fluctuations in real activity. And if I
am correct that a central bank that is successful
on the inflation front has the power to contribute
to economic stability, then I see no reason why a
government should not assign a central bank an
objective of contributing to stability of the real
economy to the extent consistent with the inflation
objective. The Federal Reserve operates under a
vague legislated instruction—vague in the sense
that no numerical targets are specified—to contribute to achieving high employment and price
stability. If the statutory language is interpreted
as I have suggested, then I think such objectives
make perfectly good sense.
A legislated employment stabilization objective complicates the relationship between the
elected government and the central bank because
the central bank must maintain a long horizon.
That horizon is typically considerably longer than
the horizon of elected officials who quite naturally and understandably have an intense focus
on the next election. Because of the way the economy works, a central bank must be willing to back
away from efforts to stabilize income and employment when such efforts threaten the inflation
objective. Failing to maintain the primacy of the
inflation objective only puts economic stability
at risk over the longer run. The United States
and many other countries had ample experience
with this scenario in the 1970s; excesses in shortrun recession fighting created higher inflation
over the longer run and deeper recessions later on.
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MONETARY POLICY AND INFLATION

Central bank independence is the institutional
design that promises to reconcile the different
horizons of elected officials and the central bank.
This subject is so important that it deserves special attention.

CENTRAL BANK INDEPENDENCE
There is widespread agreement that central
bank independence leads to better monetary policy. I’ve introduced the logic of independence by
referring to different horizons of elected officials
and central banks, but I’m not sure that is the total
story. Elected officials do maintain some policies
with great continuity over time and make some
investments with long payback periods. For two
quite different U.S. examples, consider the long
horizon behind decisions to invest in national
parks and military research.
I note, however, that competition among those
seeking electoral office does not work well in the
context of central bank leadership. Democratic
leaders compete for office promising change and
improvement rather than continuity and stability,
whereas an incoming central bank governor will
almost certainly want to continue the policies of
a successful predecessor and will emphasize his
commitment to do so. In contrast, I don’t think
I’ve ever heard a candidate emphasize that he or
she is running for office to continue the policies
of a successful predecessor of a different political
party. Political independence and nonpartisan
monetary policy provide the promise of policy
stability over time, which in turn stabilizes
expectations in asset markets. Such stability and
continuity is essential to a successful monetary
policy.
Central bank independence requires that the
governor have a substantial term of office and
that individual policy decisions not be subject to
revision by the government. However, such structural features of the central bank institutional
design are only the starting point for central bank
independence. If a president publicly attacks the
central bank’s policies, then independence will
certainly be incomplete. This subject is a very
4

difficult one for a democratic society: How can
an important area of public policy be off limits
for comment and criticism by elected officials?
Yet, such criticism clearly unsettles markets and
damages the effectiveness of monetary policy.
The only way around this problem, it seems
to me, is for the government to exercise great forbearance and confine criticism to internal discussions with the central bank. That has come to
be the practice in the United States, but it has
not been established long enough that it can be
regarded as institutionalized. Consideration of
this issue makes clear that optimal central bank
design goes far beyond legal issues per se; it is
ludicrous to consider the possibility of passing a
law saying that the president is not allowed to
comment on central bank policy! Clearly, though,
if the president does not retain confidence in the
central bank, the country is in substantial trouble.
In this situation, the president must be prepared
to replace a failing central bank leadership when
terms expire.
Central banking is a governmental function,
but I think that some observers most committed
to democratic principles overlook the possibility
of employing private-sector activity and principles for governmental ends. A well-understood
example is the value of using pollution taxes
rather than command-and-control regulations to
achieve environmental objectives.
The organization of the Federal Reserve
System fits this perspective very nicely. Members
of the Board of Governors are appointed by the
President of the United States and confirmed by
the Senate. However, presidents of the Reserve
Banks are appointed by the directors of the
Reserve Banks, subject to approval by the Board
of Governors. Directors of Reserve Banks have
powers and responsibilities that are closer to those
of a private company than of those of a government agency. At each Reserve Bank, six of the
nine directors are elected by the commercial banks
that are members of the Reserve Bank; the other
three directors are appointed by the Board of
Governors on the recommendation of the Reserve
Bank. The directors are explicitly nonpolitical;
they are drawn from the local community and

Institutions for Stable Prices: How to Design an Optimal Central Bank Law

are not permitted to hold partisan political office
or participate in political activity through such
activities as heading campaign committees or
leading political fund-raising efforts. The directors, in turn, select the Bank president and first
vice president, subject to approval by the Board
of Governors.
This institutional arrangement clearly involves
ultimate control of the Federal Reserve System
through the political process centered on the
Board of Governors. Yet, a considerable part of
the System’s leadership obtains office through
what is essentially a private-sector process. My
own case illustrates the point nicely. I was a university professor in Rhode Island, with no personal
or institutional connection to the Federal Reserve
Bank of St. Louis. If the appointment of the Bank
president were controlled by a political process
involving, say, the state governors of the states with
territory in the Eighth Federal Reserve District
(Missouri, Arkansas, Mississippi, Tennessee,
Kentucky, Indiana and Illinois), then it is very
unlikely that a university professor from the
state of Rhode Island would have become Bank
president. Nor is it likely that I would have been
appointed through a Washington political process,
given that I had served in a Republican administration but that a Democratic administration controlled the White House in 1998 when I was
named St. Louis Fed president.
What this private-sector process does is to
reinforce the nonpolitical nature of the Federal
Reserve System. The process also involves the
Reserve Bank directors in an important way. The
Federal Reserve pays the Bank directors very little; what they get out of service as director is an
intense education in monetary policy. Over their
years of service, and for years thereafter, the
directors spread knowledge of monetary policy
processes and challenges throughout their communities. I cannot imagine a more effective way
of building support for sound monetary policy
than having community leaders from many different professions serve as directors. Consider, for
example, the breadth of experience on the current
St. Louis board; the board includes CEOs of com-

mercial banks, the managing partner of a major
law firm, CEOs of both large and small businesses,
a university professor who also manages a family
farm, an expert in the venture capital industry,
and the CEO of a nonprofit community organization. Some Reserve Banks include trade union
leaders; although that is not the case currently
for the St. Louis Fed, one of the Bank’s branch
boards does include a trade union leader. Taking
the twelve Federal Reserve Banks together, directors are drawn from every sector of the economy
and every geographic region.
Equally important to the Federal Reserve is
the flow of information from Reserve Bank directors to Bank presidents, who in turn use this information in formulating monetary policy decisions.
Valuable information also comes from numerous
advisory committees that meet from time to time
at the Board of Governors and the Reserve Banks,
and from contacts between Federal Reserve officials and their audiences as they travel to speak
at various events and meet with business and
community leaders. The Federal Reserve has
maintained a continuous association with what
are known in the United States as “grass roots”
contacts throughout the country. Although this
organization of the Federal Reserve System did
not prevent the monetary policy mistakes that
contributed to the Great Depression and the Great
Inflation, I believe that the current process contributes greatly to the prospects for continued
sound monetary policy in the years ahead.

TRANSPARENCY
In recent years, central banks have become
more open in many different ways. In the past,
central bankers often discussed monetary policy
in obscure ways and seemed to relish the mystique of central banking. As an academic, I never
thought that extensive secrecy served central
banks well, and still don’t.
Particularly given central bank independence,
openness is essential to political accountability.
Whether by law or confirmed practice, good central bank design calls for central banks to make
5

MONETARY POLICY AND INFLATION

timely reports about policy actions, including
the reasons for these changes.
I’ve discussed transparency on several occasions at considerable length; here I want to make
two main points. First, prompt disclosure of policy decisions and the rationale for those decisions is essential. However, disclosure of policy
debates leading up to decisions must be handled
extremely carefully. Excessive disclosure will
damage the openness of the internal debate and
thereby increase the likelihood of policy mistakes.
Moreover, with many different views expressed
around the policy table, and views expressed
provisionally and for the sake of argument and
thoroughness, full disclosure of internal debate
without a substantial lag is more likely to confuse markets than enlighten them. I believe that
the Federal Reserve practice of disclosing the
transcript of Federal Open Market Committee
(FOMC) meetings with a five-year lag works well.
A lag of that length maintains ultimate accountability and provides a valuable record for scholars
while preventing damage to the policy process.
My second main point is that prompt disclosure of policy decisions and their rationale is
necessary for markets to function efficiently.
Monetary policy works through markets; if markets expect one policy direction when the central
bank intends another, both the markets and the
central bank are likely to be surprised at some
point and disappointed by the results.

CONCLUSION
There is no uniquely optimal way to write a
central bank law and to institutionalize central
bank practices. Different countries have different
histories and different preferences. Let me pull
together the threads of my argument: A good
design for the central bank will contain three
main elements.

6

First, the government should assign clear
and obtainable objectives to the central bank. I
favor a legislated inflation target, but more important than legislation is an understanding in the
society that low and stable inflation is the central
bank’s responsibility and that the bank should
be judged on how well it achieves that objective.
A government may assign to the central bank a
policy goal of contributing to stability in income
and employment, provided there is a clear understanding that there can be no central bank target
for the level of employment or the rate of growth
of GDP.
Second, the central bank should operate
independently within the government; the governor should have a reasonably long term of office
and should not be subject to removal by the
president, except for cause through an impeachment process. The president should not be able
to overturn individual monetary policy decisions
and ideally should confine comment on those
decisions to confidential communications with
the central bank.
Third, the central bank should be transparent
in the way it makes decisions and implements
policy. Political accountability requires transparency; so also does the efficient operation of
the markets through which monetary policy
affects the economy.
These three principles broadly characterize
all major central banks today. We should not,
however, take that fact as reason to assume that
the issue is settled. We are bound to face stresses
in the future when many will question these
principles. Stating them now, defending them
and explaining them, is our best hope for improving public understanding and maintaining the
progress of recent years that is so evident to all
central banks and students of central banking.