Monday, February 25, 2013

Lerner on Elightenment Economics and the Founding

Renee Lettow Lerner, George Washington University Law School, has posted Enlightenment Economics and the Framing of the U.S. Constitution, which appeared in the Harvard Journal of Law and Public Policy 35 (2012).  Here is the abstract:
Adam Smith (Credit: LC)
Some scholars have argued that the Framers of the U.S. Constitution did not have a common set of views on economics, or that the Constitution, except perhaps in isolated clauses, does not reflect any specific economic views. The principal Framers did, in fact, share a basic set of economic views, though of course they did not agree on all economic questions. Their shared economic views were common to enlightenment thinkers: promoting free trade, curtailing rent-seeking (the transfer of wealth from producers to non-producers through political power), and, in most instances, eliminating monopolies.

These economic views permeate the Constitution and are not manifest only in odd clauses. The Framers designed many features of the Constitution to further these economic ends. I discuss four of them here: (1) the Commerce Clause; (2) the interstate and alien diversity clauses; (3) the elaborate procedures of bicameralism and presentment for enacting bills (and the provision allowing the Senate to amend financial bills); and (4) the enumerated constitutional limitations on legislative power.

1 comment:

Shag from Brookline said...

After reading this short paper, I wondered, could this be an example of "law office economics"?