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A Sorely Needed Defense of Government’s Possibilities

This post was originally published as part of a series on The Regulatory Review. Reprinted with permission.

In How Government Built America, Sidney A. Shapiro and Joseph P. Tomain offer a sweeping account of the role of government in building the United States. Readers will encounter a tour de force of U.S. history that includes topics as diverse as the regulation of early taverns; founding-era debates over bureaucracy; Andrew Jackson’s spoils system; the post office; the Civil War; monopolies and the Gilded Age; immigration, tenements, and slums; populism and muckrakers; Keynesianism and the New Deal; nuclear power development and the space race; the civil rights movement; the Vietnam War; Rachel Carson and Earth Day; Ralph Nader and consumer protection; the War on Poverty; Alfred Kahn, President Jimmy Carter and deregulation; Reaganomics; the Affordable Care Act; governmental outsourcing; the judiciary’s evolving role in government; January 6; COVID-19 and Anthony Fauci; and climate change and the Inflation Reduction Act.

Altogether, the authors suggest, this history illustrates the importance of the federal government in building the modern American economy and establishing guardrails on it that serve the greater good. The authors’ ability to synthesize a vast range of government interventions into a coherent whole is truly impressive. Although it means they are unable to probe deeply any particular topic, the upshot is a connective tissue among these diverse topics that are infrequently linked.

I was expecting the book to be a history of infrastructure—how the government built literal things. At times it is. I very much appreciated the authors’ throughline of how a Hamiltonian vision of infrastructure development—marrying public and private initiatives to spur economic growth—has undergirded the development of many key U.S. industries, including the railroads, the telegram, the national highway system, nuclear power, and the internet. As the federal government has again pivoted to Hamiltonian industrial policy as a strategy for tackling climate change via the Inflation Reduction Act, this history is a great reminder of the enduring potential of such strategies.

Yet Shapiro and Tomain compellingly move past infrastructure alone to think about how government regulation has enhanced the freedom of U.S. citizens, providing them with civil rights, clean air and water, job safety, and some provisioning of basic goods and services. I commend the authors’ refusal to draw a clean line between these developments and more infrastructurally focused ones, as each can and has contributed to widening prosperity and equality. At the same time, the authors assiduously chart the ways in which these tools have often failed marginalized communities—an important point to keep on the table as health and wealth outcomes continue to diverge by race, and as 11 million undocumented immigrants face increasing animus, violence, and risk of expulsion.

The tradeoff of Shapiro and Tomain’s capacious coverage is that they fire through history rapidly, with limited space to either theorize its development or explore its nuances. For example, readers learn about the fascinating early history of public education and its importance in cohering the nation and shaping its workforce, then skip ahead to the GI Bill, and then ahead again to modern struggles with affordability and student debt, without developing much of a sense of the intervening politics or policies. Similarly, the rise of regulated industries during the 20th century is covered in a matter of pages in which the authors bemoan how these mid-20th century experiments stifled competition, without offering any real alternatives. The authors later treat economic deregulation as a triumph, even as they express their concern about rising inequality and geographical polarization in recent years. I would have liked the authors to explore potential linkages between these phenomena, which might have tempered their positive assessment of deregulation.

Shapiro and Tomain conclude that the United States has always deployed a combination of government policy and the free market—itself, of course, shaped by government policy—to achieve what they variously refer to as a common “American dream,” “fundamental American values,” and set of “national values.” I am not as convinced as the authors are that such things exist; it might be equally productive to see our history as a long and ongoing contest over both what core American values are as well as the best means to achieve them.  Nevertheless, I very much support the authors’ sorely needed defense of government’s possibilities, at a time when the dominant political impulse appears to be debating which of the federal government’s limbs to cut off first.

Every book-writing project must come to an end, in order to be a book. Shapiro and Tomain leave theirs off at the rise of the Biden Administration. This ending point allows them a hopeful note: “Over the nation’s history, the government has taken on an increasing and successful role in ensuring prosperity, protecting people, and promoting equality.” May the longer arc of history prove that their optimism is well-founded, even as the next period of our country offers it a profound test.

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Shelley Welton | March 24, 2025

A Sorely Needed Defense of Government’s Possibilities

\In How Government Built America, Sidney A. Shapiro and Joseph P. Tomain offer a sweeping account of the role of government in building the United States. Readers will encounter a tour de force of U.S. history that includes topics as diverse as the regulation of early taverns; founding-era debates over bureaucracy; Andrew Jackson’s spoils system; the post office; the Civil War; monopolies and the Gilded Age; immigration, tenements, and slums; populism and muckrakers; Keynesianism and the New Deal; nuclear power development and the space race; the civil rights movement; the Vietnam War; Rachel Carson and Earth Day; Ralph Nader and consumer protection; the War on Poverty; Alfred Kahn, President Jimmy Carter and deregulation; Reaganomics; the Affordable Care Act; governmental outsourcing; the judiciary’s evolving role in government; January 6; COVID-19 and Anthony Fauci; and climate change and the Inflation Reduction Act.

Joseph Tomain, Sidney A. Shapiro | March 24, 2025

‘Big’ Government Protects American Values in a Big Economy

We thank Shelley Welton for her generous comments about our book and for the two issues she raises about our argument that American history is a story of how the mix of government and markets has been based on respect for equality, liberty, fairness, and the common good. We appreciate the opportunity to engage in a dialogue on those issues.

Alejandro Camacho, James Goodwin | March 18, 2025

Unmasking DOGE

The so-called Department of Government Efficiency (DOGE), under the questionable leadership of Elon Musk, has quickly become the signature initiative of the second Trump administration. Since Inauguration Day, personnel associated with DOGE have fanned out to virtually every executive branch agency, systematically dismantling them from within by hacking their IT infrastructure, firing thousands of staff, and even attempting to shut down entire agencies. To help congressional leaders, concerned policymakers, and citizens understand the various ways that DOGE’s actions may be unlawful, the Center has established the Unmasking DOGE tool that catalogues the numerous legal infirmities that underlie both DOGE as an institution and the specific actions it is seeking to carry out.

Federico Holm | March 18, 2025

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U.S. Capitol in the sunshine in late autumn

Joseph Tomain, Sidney A. Shapiro | March 17, 2025

How Government and Markets Built America Together

Government has always been an essential part of American history, and this remains true today. Yet, as President Trump prepares, once again, to do his best to dismantle the administrative state, American history reveals why these efforts will ultimately fail. To appreciate that history, and what it means as the country moves into the Trump administration, we summarize key findings of our book.

Daniel Farber | March 13, 2025

Legal Safeguards Against Deregulation

While President Trump finds “tariff” one of the most beautiful words in the English language, I myself prefer “anti-backsliding.” Back in January, Trump told the U.S. Environmental Protection Agency (EPA) to roll back efficiency standards on everything from light bulbs to shower heads. Some news outlets viewed this as an accomplished task, with headlines like “Trump Rolls Back Energy Standard.” But, as it turned out, not only was it not a done deal, it was also legally impossible. The reason: an anti-backsliding provision.

Daniel Farber | March 11, 2025

The Legal Complexities of Deregulating Power Plant Carbon Emissions

The U.S. Environmental Protection Agency’s (EPA) efforts to regulate carbon emissions from power plants have had a tortuous history, and we’re about to go through another round, with a rule from a Democratic administration being repealed and replaced by a Trump rule. The last time this happened, the Trump EPA said that its interpretation of the statute required an extraordinarily narrow substitute rule. Because of intervening legal changes, it won’t find it as easy to make that argument this time. In the end, the Trump substitute rule will undoubtedly be weak but not as weak as last time.

Federico Holm | March 10, 2025

CRA By the Numbers 2025: Update for March 10, 2025

As of Monday, March 10, legislators have introduced 57 Congressional Review Act (CRA) resolutions, including several that were introduced before the specified time cutoffs. We have continued to see some movement around some of the resolutions.

Catalina Gonzalez, Rachel Mayo | March 6, 2025

Trump Administration Actions Against Black Americans Have Deep Historical Roots

It is no coincidence that since taking office on Martin Luther King Day, the Trump administration’s most aggressive actions have targeted historically marginalized groups. In fact, the many blatantly illegal, unconstitutional, and bizarre actions we saw during the first month of Trump 2.0 — during which we also observed National Black History Month — are specifically harmful to Black Americans.