Today, Keith Whittington presents his new research on the original meaning of birthright citizenship in the United States; David Brady and Michael Spence explain why the upcoming midterm elections are unlikely to yield breakthroughs in persistent policy problems; and Terry Anderson and Thomas Stratmann examine how the recent extended government shutdown enhanced self-government within Indian tribes.
Constitutional Law
In a new paper prepared for the Harvard Journal of Law and Public Policy, Visiting Fellow Keith Whittington weighs in on the legal debate over birthright citizenship, sparked by an executive order from President Trump “excluding birthright citizenship to children of unauthorized aliens and temporary visitors.” Whittington’s contribution, “By Birth Alone: The Original Meaning of Birthright Citizenship and Subject to the Jurisdiction of the United States,” evaluates “the content, scope, and qualifications of the common law rule of birthright citizenship as it developed in England and was carried into the United States and eventually embodied in the text of the Fourteenth Amendment.” The Yale Law School professor’s paper “reaffirms the traditional view that birthright citizenship would extend to children of unauthorized aliens born in the United States.” Whittington also notes that the Supreme Court will hear oral arguments on the executive order on April 1. Read more here.
Politics, Institutions, and Public Opinion
Writing at Project Syndicate, Senior Fellows David W. Brady and Michael Spence argue that despite a likely change in control of one or both houses of Congress during this year’s midterm elections, “US politics is likely to remain dysfunctional for a long time to come.” The reason? Many of citizens’ most pressing policy challenges, including “slow growth, inflation, a lack of affordable housing, inequality, and climate change” are “very hard to solve.” Spence and Brady argue that “when an incumbent fails to deliver results, voters often decide to give the opposition a chance,” leading to “constant reversals” in party control of government. Economically, “the resulting policy uncertainty can discourage long-term investment.” Spence and Brady conclude that in years ahead, “we can expect more political paralysis than policy progress.” Read more here. [Subscription or registration required.]
Federalism in America
The recent record-breaking government shutdown posed a severe test for communities heavily dependent on federal funding, such as Indian tribes. The disruption forced hard choices about which services, including health and safety, tribal governments should modify or suspend. This essay by Senior Fellow Terry Anderson and Thomas Stratmann at Defining Ideas explains new research showing that tribes the most capable in self-government were also the best able to continue services during the crisis. This result is another point in favor of greater tribal self-determination, Anderson and Stratmann conclude. They argue that the centuries-long dependency forced on the tribes needs to be lifted. “Local leaders made hard choices about priorities when distant offices couldn’t respond,” they write. “Self-governance did not eliminate federal dependency, but it certainly created space for tribal governments to act, and they did.” Read more here.
Revitalizing History
The latest episode of Capitalism and Freedom in the Twenty-First Century features guest Tevi Troy, a senior fellow at the Ronald Reagan Institute, a senior scholar at the Straus Center at Yeshiva University, a former deputy secretary of health and human services and White House aide, and a best-selling author of presidential history. Policy Fellow Jon Hartley and Troy discuss the latter’s career, as well as his new book The Power and the Money: The Epic Clashes Between Commanders in Chief and Titans of Industry. Watch or listen here.
Finance and Economics
“Why do stocks prices vary so bloody much? Why do stocks fall in recessions—or why is there a recession when stock prices fall?” These are some of the central questions Senior Fellow John H. Cochrane explored in a presentation he gave to the recent Global Banking and Finance Conference hosted by the Xavier School of Management in Delhi. Introducing the link to this talk at his Substack, Cochrane says the keynote gave him the opportunity to collect his thoughts on topics that asset pricing researchers have been studying for decades. Cochrane says his presentation also addresses the questions: “Why is there so much trading volume, often when prices are high? From supply and demand back to supply and demand, how do we think about asset prices? And what should an investor do about all of this?” Read more or watch here.
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