This post was originally published as part of a series on The Regulatory Review. Reprinted with permission.
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.
Welton points out that the “tradeoff” of our “capacious coverage” is a limited exploration of the nuances behind the development of the mix in each history period we discuss. There is indeed a deep literature about change in the government–market mix that offers a thicker and more nuanced account of that history. Much of that literature is cited in our footnotes. And in our previous book, we offered our own theoretical account of government and markets.
This book acknowledges some of those twists, turns, and complications, but not all of them by any means. But at this calamitous time in our history, as the Trump Administration lays siege to government, to say nothing of the values it incorporates and implements, it is important to consider the big picture for three reasons.
First, as the deconstruction of government proceeds apace, it is important to understand that the United States has never had “small government.”
Second, by looking at the larger picture, we attempted to demystify “big” government by explaining dual insights revealed by the history we recount: Government has been involved in the same three functions of investing in market infrastructure, policing market behavior, and maintaining an economic safety net, in at least an elementary form, dating back to the beginning of the country’s history. And we have a “big” government because we have a “big” economy. The nature of the government’s three functions has evolved and grown to preserve a mix of government and markets that serves American values.
Finally, although it appears Pollyannish to celebrate the democratic conversation that has produced changes in the mix of government at a time of extreme polarization, name-calling, and a move to authoritarianism, it is good to remember that over our history, it is precisely that conversation that has blunted similar challenges in the country. Not easily, as the book acknowledges. As Jill Lepore sums up American experience, “The nation, as ever, is the fight.”
The linchpin for fighting back has been to call on America’s values. Moira Donegan recently observed, “the American spirit is indefatigable: it loves freedom and equality, abhors tyranny, values minding your own business and hates, above all, to be told what to do. When Trump was last in office, Americans found, at the end, that they did not like it. They will not like it now, either, and that dislike, however tardy, will have political consequences.”
Welton also asks whether “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.” We agree that which values Americans consider significant has shifted over history and that our definition or understanding of those values has evolved.
But the country has adhered to its values of equality, liberty, fairness, and the common good in one form or another, because the country’s commitment to each single value has been consistently tempered by an ongoing commitment to the other values. At times the country has emphasized liberty and at other times it has emphasized equality, for example, but the emphasis on one or the other has been impacted by a commitment to the other values. Even at the height of the Great Depression when the market system had lost all credibility with most of the public, for example, the New Deal sought to save capitalism, as our book chronicles, not abandon it.
Moreover, today’s applications of the values of liberty, equality, fairness and the common good are not the same as they were previously because the applications of those values have been intertwined with the country’s political economy, which itself has evolved and changed as the country moved from an agrarian society to the industrial age, and eventually through globalization and much more.
Consider how those values were realized from the mid-1930s through the 1960s. President Franklin D. Roosevelt’s New Deal was continued by President Dwight D. Eisenhower. President Eisenhower’s investments in nuclear power, the U.S. highway system, and the space race extended government’s participation in the economy. As a result, economic inequalities were reduced and the liberties attached to social mobility were increased post-World War II, a period known by economists as the Great Compression. That program was not a complete success because of its failure to address racial discrimination—which had to await the 1960s for the beginning of a more adequate response. We can, though, say that a healthy mix of government and markets existed during that time even as the values that we identified were achieved imperfectly.
Again, we thank Welton for joining us in the symposium. And we look forward to a continuing conversation with her and other scholars, both detailed and nuanced, and general and thematic, about what we can and should learn from American history about the mix of government and markets.
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Joseph Tomain, Sidney A. Shapiro | March 24, 2025
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
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
Since our last update (March 10), we have crossed two important milestones regarding Congressional Review Act (CRA) resolutions: President Trump signed the first two resolutions into law, and the overall number of CRA resolutions introduced in Congress reached 60.
Joseph Tomain, Sidney A. Shapiro | March 17, 2025
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
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 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
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
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.
Daniel Farber | March 4, 2025
If you were looking for data-driven regulatory policy, you’re not going to find it in this administration. On the contrary, President Trump has marginalized economic analysis and wants to bulldoze environmental science. Thus, we are likely to get policies that are bad for the environment without being cost-justified while ignoring policies whose environmental benefits outweigh economic costs.