Buchanan’s constitutional political economy: exchange vs. choice in economics and in politics

This article discusses the methodological foundations of Buchanan’s constitutional political economy. We argue that Buchanan is a constitutional economist because he is an economist or a political economist. In other words, Buchanan is a constitutional economist—he insists on the necessity of focusing on constitutions and to analyze the “rules of the social game”—because he defines economics as a science of exchange. Buchanan’s definition of economics is not only specific, it is also opposed to the definition of economics that other economists retain and, above all, opposed to the definition of economics that many public choice theorists use. The latter have, in effect, adopted the Robbins 1932 definition of economics as a science of choice that Buchanan criticizes and rejects. Buchanan’s constitutional economics can be a branch of public choice only under certain conditions.

Mass-Elite Equilibrium of Federal Constitutional Legitimacy

William Riker ((1964) Federalism: Origin, Operation, Significance. Boston: Little Brown) stressed the problem of the contested nature of federal institutions and argued that federations existed amidst the ongoing challenge to their rules, that federal institutions were being continuously endogenously produced in the interaction of political parties rather than serving as self-enforceable constraints on the political process. As parties changed, so did federalism, and eventually the balance was bound to shift to either one or the other extreme as far as the degree of centralization was concerned. An alternative approach to essentially the same problem of federal instability was to conceptualize the underlying game differently, as a game of coordination, so that institutions would be accepted as constraints and would therefore be self-enforceable because they allow the players to avoid the chaos and successfully converge to an outcome with payoffs exceeding their reservation values (Hardin, 1989, Ordeshook, 1992). The third proposed solution, consociationalism, emphasizes the elite effort to overcome the conflictual nature of the institutional choice (Lijphart, 1977). Here, as in the coordination argument, the hope is that one could create incentives for politicians to view the existing rules as advantageous and to avoid redistribution by means of the institutional revision. Yet, just like the coordination argument, it is based on an implicit assumption that politicians are more easily motivated to act “cooperatively” than are their constituencies. The missing step in the literature is the mechanism by which this more or less “cooperative” behavior of elected politicians could be sustainable in the environment of popular accountability. An essential component in building the theory of institutional design is to show the possibility in a democracy of elected politicians cooperating on institutional matters even when each of their constituencies would prefer to adjust the constitutional terms to its own advantage. Elite “cooperativeness” must be sustainable even in the presence of outside challengers promising to stay closer to the constituent preferences. Here, I present a model of mass-elite equilibrium of constitutional legitimacy, which demonstrates the possibility to motivate the incumbents to sustain the institutional stability while at the same time protecting them from electoral defeat. I also discuss the difficulties and limitations that such a solution faces, in particular, in plural societies. JEL classification: H77, D02 In working on this paper, I have benefited from the discussions with Mikhail Filippov, Peter Ordeshook, Charles Kromkowski, Carol Mershon, and from the comments of the participants of the conference on ‘‘Micro-Foundations of Federal Institutional Stability’’ at the MicroIncentives Research Center at Duke University, Durham, NC, April 30–May 1, 2004, and of the Lansing Lee proseminar at the University of Virginia. The responsibility for the many remaining flaws is solely mine.     

Are ‘Western’ Constitutions Relevant to Anything Other than the Countries they Serve?

This essay argues the universal relevance of the Western constitutional experience. It does so, however, not with reference to the commonalities of historical circumstance or the experience of specific states. Instead, we argue that just as events in the natural world must follow universal laws, the same it true about stable democracy, whether we are concerned with parliamentary or presidential systems, economically developed or undeveloped states, or whatever. We take as given that there necessarily exists universal principles of democratic constitutional design, even if those principles remain largely undiscovered. We argue further that discovery is more likely if we conceptualize constitutions as equilibrium selection devices and if we take as our starting point whatever understanding we possess about coordination and equilibrium selection in complex social processes, including the evolution and character of social norms and conventions.     

A short history of constitutional liberalism in America

American liberalism emerged before the most famous European liberal intellectuals put their pens to paper. It was grounded partly on liberal ideas that were in the air before those works were written, but mostly on the attractive communities generated by liberal institutions and policies. American liberalism is empirically, rather than theoretically, grounded. This paper uses excerpts from colonial and constitutional documents to demonstrate the long history of liberal institutions in the territories that became the United States. American liberalism is an evolutionary rather than an intellectual phenomenon.     

Breaking with the Notion of Social Contract: Constitutions as Based on Spontaneously Arisen Institutions

The newly emerging subdiscipline of constitutional economics is dominated by adherents to social contract theory although this approach has been severely criticized many a time. In recent years, an alternative approach in which constitutions are conceptualized as conventions has emerged. It is argued here that this alternative approach is a step in the right direction but still does not go far enough. The central hypothesis of the paper is that conceptualizing constitutions as based on spontaneously arisen institutions can help to solve some of the problems left unanswered by the constitutions-as-conventions view.     

The Voice of the People

Bruce Ackerman offers a view of American constitutional politics that stresses the fundamentally democratic nature of all American politics, and the increasingly national character of the American demos. The strength of the voice of the people, rather than constitutional due process, are the hallmark of episodes of constitutional reform. At the same time, Ackerman suggests that the American people need to reclaim their Constitution, and proposes that the voice of the people should be heard in a particular way—one involving clear elements of direct democracy. This essay seeks to interrogate the idea of the voice of the people—and the idea of direct democracy—as an appropriate basis for constitutional politics from a perspective that allows of expressive as well as instrumental political behaviour.     

Social contracts for real moral agents: a synthesis of public reason and public choice approaches to constitutional design

Citizens in contemporary democratic societies disagree deeply about the nature of the good life, and they disagree just as profoundly about justice. In building a social contract theory for diverse citizens, then, we cannot rely as heavily on the theory of justice as John Rawls did. I contend that Rawlsian liberals should instead focus on developing an account of constitutional choice that does not depend on agreement about justice. I develop such an account by drawing on the contractarian approach to constitutional choice pioneered by public choice theorists, especially James Buchanan. With some modifications, public choice can help identify mutually justifiable constitutional rules based on the extent to which these constitutional rules produce appropriate laws under normal conditions. This new, synthetic approach to constitutional choice also helps to explain the moral significance of contractarian agreement for the public choice theorist.     

Madison's constitutional political economy: Principles for a liberal order

When persons are modelled as self-interested in politics ... the constitutional challenge becomes one of constructing and designing framework institutions or rules that will, to the maximum extent possible, limit the exercise of such interest in exploitative ways and direct such interest to furtherance of the general interest. It is not surprising, therefore, to discover the roots of a public choice perspective ... in the writings of the American Founders, and most notably in James Madison's contributions toThe Federalist Papers. This paper draws on my earlier work covering Madison's political and economic thought (Dorn 1988, 1990). I wish to thank Thomas M. Humphrey and an anonymous referee for their comments on an earlier version of the paper, and William A. Niskanen and Roger Pilon for fruitful discussions of the general topic. The usual caveat applies.     

Constitutional secession clauses

Taking the view that constitutions are devices whereby people coordinate to specific equilibria in circumstances that allow multiple equilibria, we show that a constitutional secession clause can serve as such a device and, therefore, that such a clause is more than an empty promise or an ineffectual threat. Employing a simple three-person recursive game, we establish that under certain conditions, this game possesses two equilibria—one in which a disadvantaged federal unit secedes and is not punished by the other units in the federation, and a second equilibrium in which this unit does not secede but is punished if it chooses to do so. This research was partially funded by a grant from the United States Institute of Peace at the California Institute of Technology. We wish to thank several anonymous referees who brought to our attention a number of things that we had not previously considered.     

Lessons from Constitutional Culture and the History of Constitutional Transfer: A Hope for Constitutionally Limited Government?

The literature shows a clear correlation between sound constitutional environments and human flourishing. However, the path to adoption of sound constitutions is much less clear. This paper turns to the history of constitutional transfer to propose an alternative to taxonomies offered in the literature, which typically classify constitutions either by governmental structure (presidential v. parliamentary, or centralized v. federalist) or by source of influence (e.g. US 1787, Spain 1812, France 1958). These classifications are found wanting; instead, this paper proposes a new taxonomy based on the origin of the constitutional ideas and adoption. Formal constitutional parchment must match informal constitutional culture, so a constitution’s likelihood of success is greatest when the ideas are indigenous; the source of adoption is ultimately secondary. The paper closes with four case studies of constitutional transfer and adoption.     

Deciding for bigness: Constitutional choice and the growth of firms

This essay draws upon the contractarian distinction between constitutional and operational levels of personal choice and an evolutionary analysis of the growth of firms to illuminate the complex of theoretical and historical issues surrounding the emergence of large-scale economic organization in the United States in the years since 1870. The evolutionary analysis suggests why the individual's economic autonomy must largely be sacrificed for the material wealth made possible by increasing scale in production, and a juxtaposition of the views of F. A. Hayek and Louis Brandeis on this question, seen in the light of the fundamental tenets of American antitrust and corporate law, offers a perspective on the operational and constitutional choices we have made with respect to “bigness” and on the values these choices have revealed.     

The domain of constitutional economics

Constitutional political economy is a research program that directs inquiry to the working properties of rules, and institutions within which individuals interact, and the processes through which these rules and institutions are chosen or come into being. The emphasis on the choice of constraints distinguishes this research program from conventional economics, while the emphasis on cooperative rather than conflictual interaction distinguishes the program from much of conventional political science. Methodological individualism and rational choice may be identified as elements in the hard core of the research program. Paper prepared for Liberty Fund Symposium on “German Ordnungstheorie and American Constitutional Economics” Bonn, 3–6 June 1989.     

Empirical constitutional economics: Onward and upward?

Empirical constitutional economics has made a huge leap forward over the last decade. Interesting insights into the effects of constitutions have been discovered. Rather than summarizing the state of the art, this paper identifies some of the current shortcomings and proposes a number of extensions. It calls for recognizing additional constitutional institutions as explanatory variables, as well as the incorporation of additional dependent variables. Its major emphasis is, however, on calling for the next logical step in this field, namely to endogenize constitutions.     

European influence and economic development

The development accounting literature identifies political institutions as fundamental development determinants. Forms of government or executive constraints are thought to shape economic institutions (e.g., property rights) that provide necessary incentives for economic growth. One strand of the literature suggests that European influence is a crucial economic development determinant, presumably through the adoption of European institutions. But how exactly did European influence in the distant past induce positive economic outcomes today? Previous approaches rely on “language,” “settler mortality,” “legal origins” or the “number of European settlers” as indirect proxies of European influence. We propose a direct and quantifiable mechanism: the adoption of European constitutional features. We construct a dataset of all constitutional dimensions from 1800–2008 for all countries and find that nations experience growth accelerations after adopting features of European constitutions. The growth effects are influenced (negatively) by periods of political turmoil, but they are independent of colonial backgrounds. These results show how European influence may have fostered growth, and they imply that countries were able to overcome adverse initial conditions over the last 200 years by adopting European constitutional features. Our constitutional dataset is sufficiently detailed to identify the specific dimensions of European constitutions that matter most for development: legislative rules and specific provisions that curtail executive powers.     

The Nature of the State and the State of Nature: a Comment on Grady & McGuire's Paper

In 'The Nature of Constitutions', Mark Grady & Michael McGuire provide a model of the evolution and purposes of constitutions as arising to minimize appropriation by dominants of subordinates. This Comment builds on Grady & McGuire's article in three ways. First, it supplements their analysis by operationalizing a model of constitutional evolution that views constitutions as arising out of the conflict of competing high-ranking individuals to preserve their own authority. From this clash of self-interest of dominant individuals, constitutions are born. This predicts that constitutions will not simply tame all forms of appropriation, but will also hard-wire some forms of appropriation behavior into the permanent constitutional structure. Second, it examines the American constitution in light of this model to show how that constitution reflects the mixture of appropriation and appropriation-taming behavior. Third, this Comment argues that the breakdown of constitutionalism in the United States this century can be explained by a failure to fully appreciate the purposes of constitutionalism in a biological framework.     

The political economy of constitutional restraints

Constitutions are multidimensional objects with non-trivial implications on the structure of the political environment and, therefore, on the policy outcomes. This paper models constitutions as sets of “restraints” on the authority’s choice freedom (absolute and democracy restraints). We argue that even if both kinds of restraints seem to be serving the same purpose (increase social welfare), “democracy restraints” prolong the “life” of a constitution while “absolute restraints” not. We moreover use the proposed way of modelling constitutions in order to explain the dominance of intermediate (in terms of tightness of “democracy restraints”) constitutions in the real world.     

American institutionalism and its British connections

Abstract

This paper examines the connections between American institutionalists and a number of ‘non-Marshallian’ British economists and social scientists, several of whom were associated with the Fabian Society or the London School of Economics or both. Specifically, the links between institutionalists such as Walton Hamilton and Wesley Mitchell and British social scientists such as John A. Hobson, Henry Clay, R.A. Tawney, William Beveridge and Graham Wallas. It is argued that these connections were related to common views on the importance of institutions, compatible methodological views, common interest in questions of social value, shared policy concerns (particularly unemployment and the coal industry), shared interests in the development of new institutions for education and research in economics and shared connections with the funding activities of the Rockefeller Foundation. These connections were much more extensive than has usually been realized. Some reasons for this British group not to form into a movement similar to American institutionalism are explored.     

Budget institutions and political insulation: why states adopt the item veto

Forty-three of the fifty states of the United States have granted item veto authority to their governors as part of state constitutions. In this paper, I test explanations of why and when a legislature would cede institutional power. Using data from 1865 to 1994, I show that these measures are most likely proposed by fiscal conservatives who fear the loss of power in the future; in order to protect their interests for those periods when they will be in the minority, they implement institutions such as the item veto which will limit future, liberal legislatures. The results therefore shed light on two important substantive areas. First, by showing how the choice of budgetary institutions is endogenous to the political process, it clarifies that political factors must be considered in addition to social efficiency to understand the adoption of budget institutions. Second, it provides evidence in support of theories that have posited that electorally weak groups will heavily ‘insulate’ policies in periods in which they momentarily hold power (e.g. [Moe, 1989] and [de Figueiredo, 2002]).     

The god of the poor: Economics and religion in Latin America

The new political economy struggles to incorporate political processes into economic models. Religious institutions and commitments might similarly be incorporated into models of personal and social choice. This essay explores appropriate modeling strategies and suggests areas in which religion may prove relevant to the design of economic policy, particularly in Latin America. The paper concludes with points of discussion in a hypothetical dialogue between a North American economist and a Latin American theologian.     

The role of constitutions on poverty: A cross-national investigation

We construct and use a new historical data set on economics and social rights from the constitutions of 195 countries and an instrument variable strategy to answer two important questions. First, do economic and social rights provisions in constitutions reduce poverty, measured as headcount income and health outcomes? Second, does the strength of constitutional language of the economic and social rights matter? Constitutional provisions can be framed either more weakly as directive principles or more strongly as enforceable law. Our results suggest three findings. First, we do not find an association between constitutional rights generally framed and poverty. Second, we do not find an association between economic and social rights framed as directive principles and poverty. Third, we do find a strong negative association between economic and social rights framed as enforceable law and poverty when we use legal origins as our IV. These results persist for indices of constitutional rights and also when we restrict the sample to non-OECD countries. The policy implication is that constitutional provisions framed as enforceable law provide effective meta-rules with incentives for policymakers to initiate, fund, monitor and enforce poverty reduction policies.