Today, Richard A. Epstein reflects on the legacy of Thomas Jefferson’s view of naturalization, which created lasting challenges for America as it interpreted who could obtain citizenship. Rose Gottemoeller argues new nations must step forward to advance the cause of nuclear nonproliferation. And Amit Seru and coauthors find norms and conventions aren’t always enough to stop shady behavior by public officials, even in places known for being low-corruption.
Freedom Frequency
Thomas Jefferson, primary drafter of the Declaration of Independence, remains famous for his championing of “unalienable rights . . . Life, Liberty, and the pursuit of Happiness.” But an obscure clause in the Declaration also had a profound impact on the future of the new nation, writes former Senior Fellow Richard A. Epstein. The clause referred to citizenship, and the “Laws for Nationalization of Foreigners.” It was relevant to Jefferson’s writing in the first Naturalization Act of Virginia that citizenship belonged to “all free white persons.” The Constitution then took control of naturalization and created the infamous three-fifths clause that upheld slavery. Jefferson’s departure from natural law, Epstein writes, left unsettled the question of who could become a citizen of the new country, and America would long wrestle with the question of whether racial and national identity mattered. Read more here.
Arms-control negotiator and Research Fellow Rose Gottemoeller says the world risks crisis now that the United States has moved away from its role as guardian and problem-solver of the world—and the danger is high in the realm of nuclear weapons. Deterrence as established during the Cold War and its aftermath has changed, she writes, and the diplomacy involved in controlling the weapons must also change. Specifically, she proposes that China, Britain, and France take the lead on upholding proliferation now that the United States and Russia are preoccupied. These three nations could work together to uphold previously accepted ceilings on warheads, she says, and focus on banning nuclear weapons on short- and intermediate-range missiles and drones. Read more here.
Revitalizing American Institutions
Can revealing a plot twist get you sued? Inspired by the controversy surrounding HBO’s Lanterns series, Senior Fellow Eugene Volokh and Jane Bambauer explore the tension between copyright protection and free speech. From Gerald Ford’s memoirs to 2 Live Crew’s “Pretty Woman” parody, they examine how courts distinguish protected expression from facts and ideas—and when fair use permits borrowing from someone else’s work. Along the way, they consider why describing an ending differs from posting a clip, how unpublished leaks complicate the analysis, and when a spoiler might cross the line from bad manners to legal liability. Watch the episode here.
Energy
What can America do to triumph in the AI revolution the way it once triumphed in the industrial age? The decisive factor—not just semiconductors or software—is American energy, argues Senior Fellow Philip Zelikow in this new video. The United States must capitalize on its energy superpower status—abundant fuels, next-gen nuclear, and a developing bipartisan will to build—before rival nations like China determine who will power the age of AI. Watch the video here.
Economics
Senior Fellow Amit Seru and three coauthors are out with a new paper at the National Bureau of Economic Research, which asks if social norms are enough to deter misconduct by bureaucrats. Looking at one of the least corrupt nations on earth, Singapore, they found evidence of impropriety when looking at transit officials and their uncanny ability to purchase real estate near planned (but not publicly announced) mass transit stations. Once stricter enforcement measures were put in place, this misconduct occurred less often. “The findings suggest that even in high-integrity societies, social norms may not be sufficiently self-sustaining to maintain a low-corruption equilibrium without continued formal enforcement,” the authors write. Read more here.
Confronting and Competing with China
In a new paper for Hoover’s History Lab, Research Fellow Jian Ren reflects on US strategy to counter Chinese influence in Latin America. He writes that scholarship about China’s activities in the region “concentrates on the visible assets of Chinese influence: ports, mines, and loans. Yet that influence depends on a human element, and Beijing remains anxious about both the mobility of its people into and through Latin America and the expertise needed to navigate the region.” He says there are opportunities for the US to improve its efforts to counter Chinese influence in the region, including major untapped sources of leverage over Chinese citizens’ travel to the area. Read more here.
Related Commentary