If Congress creates the position (like with all executive branch departments), it has the funding discretion as well as the authority to abolish the position within its Article I powers.
However, Congress cannot pass a law that curtails the President's Article II power to execute the law, right?
I think that Congress cannot create a position that reports under the Executive, and then declare that the Executive cannot exercise plenary Executive control over that position because that encroaches on Article II power, no matter how much they want to claim that it's a special exception.
Article II is supreme law of the land, and no bill that Congress passes to create a position is superior to Article II.
-PJ
The Federal Reserve is self-funding. In fact it turns on average $70 billion over to the Treasury every year.
However, Congress cannot pass a law that curtails the President's Article II power to execute the law, right?
True, but I'm not getting your point.
I think that Congress cannot create a position that reports under the Executive, and then declare that the Executive cannot exercise plenary Executive control over that position because that encroaches on Article II power, no matter how much they want to claim that it's a special exception.
Ah, now I see. The answer is that the Federal Reserve does not fall under the Executive Branch. The Fed is quasi-governmental. They are required to submit financial reports to Congress annually and are audited by the GAO as well as outside auditing firms but they don't answer to Congress or the President.