Organizational reputation and constitutional constraints: An application to religious denominations

Constitutional economics may be defined as the study of constraints chosen by cooperative groups. In this paper, the scope of constitutional economics is extended by an examination of the constitutions and rules that govern seven of the eight largest U.S. Christian denominations. This examination of church constitutions reveals constitutional provisions and church rules that protect denominational reputation by preserving doctrinal integrity and constraining the behavior of local churches, clergy, and individual members. By protecting their reputations, religious denominations may increase their appeal to current or prospective members or both.     

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.     

Constitutional safeguards against centralization in federal states: An international cross-section analysis

This paper contains an international cross-section analysis of the share of central government expenditure in total government expenditure for a sample of about 50 countries and a subsample of 23 industrial countries in 1989–91. The expenditure shares, their changes and the unexplained residuals for each country are reported in Table 1. As the analysis demonstrates, the share of central government is significantly lower, if income per capita and the country's area are large and if it is a federal state. The explanatory power of the equation rises considerably if the binary dummy for federalism is replaced by quantitative constitutional variables. The most powerful single explanatory variable is the age of the constitutional court in the complete sample or the constitutional court's independence of union institutions in the sample of industrial countries. The equation's explanatory power (adjusted for degrees of freedom) can be raised by allowing also for the degree of control which provincial institutions have over the constitution and over the second chamber and by taking into account whether an increase in federal tax rates requires a popular referendum. Other types of constitutional referenda and the relative age of the federal constitution do not seem to matter. Among the federal states, the share of central government is much larger than predicted in the United States and Mexico, and it is much smaller than predicted in Argentina and Canada. The constitutional variables are particularly helpful in explaining the relatively small share of central government in Switzerland, Malaysia, Germany and Austria. The last section draws conclusions for the design of constitutions with some special applications to the European Union.     

Evidence and explanation for the Tariff-lobbying paradox: endogenous Tariffs fall as protectionist lobbying rises

Recent empirical evidence suggests that U.S. protectionist lobbying expenditures rose while U.S. trade barrier fell. We find that the same result holds in our panel data sample from 28 countries between 1995 and 2011. We find two economic drivers cause the paradox between increasing protectionist lobbying and decreasing trade barrier. First, trade barriers decline as country capital-labour ratio endowments rise because of the rising political and economic power of capital that lobbies for free-trade. Second, factor intensities in production become more similar as factor-intensity convergence. This flattens the production possibility curve between exportable and import-competing production so that changes increased magnification in both factor rewards. In our panel, the magnification parameters are twice as high for capital as for labour (8.6 vs. 5.1). And, the elasticity of the capital return with respect to country capital-labour factor endowment ratios (.59) is nearly twice those of labour (.22). Increased magnification causes thus labour’s increased lobbying for protection to be more than offset by increased capital lobbying against protection. In short, while an increasing labour lobbies for protection as countries advance, combined tariff and non-tariff protection (OTRI) decline significantly as advanced countries get richer. This explains the tariff-protectionist-lobbying paradox.     

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.     

Political freedom and the response to economic incentives: labor migration in Africa, 1972-1987

This study examines the thesis that political institutions and the freedoms and civil rights generated by these institutions affect migration decisions. The hypothesis is based on one stated by Adam Smith in 1776, that economic conditions that reflect greater political freedoms and civil liberties harbor higher levels of resource mobility in response to economic incentives. Pooled cross-sectional and time-series analysis is based on data from the World Bank for 32 African countries during 1972-87. Findings support the hypothesis that migration rate is more affected by the expected returns ratio to labor in countries where civil liberties are greater than in nations with fewer civil liberties. The implication, from the inclusion of institutional factors in the model, is that civil liberties have an indirect impact on the rate of labor migration out of agriculture in Africa. The impact is a mix of economic incentives and civil liberties. In the political rights model, the most free countries had the largest migration elasticity. The findings on political rights impacts support findings by Friedman and McMillan that civil liberties are a more important determinant of economic growth than political rights. Further testing for measurement error confirmed that the data were flawed, but not so greatly that the basic findings were overturned. The migration out of African agriculture was found to be sensitive to the effect of price signals, which were conditioned by the degree of political rights and civil liberties. Policy makers are urged to consider both changes in pricing and institutions.     

Are semi-presidential constitutions bad for democratic performance?

Many countries since 1990 have adopted semi-presidential constitutions, which are often considered to be problematic, primarily because of the potential for conflict between the assembly-supported government and the popularly elected president. Such conflicts are said to lead to unstable governments, policy paralysis and the eventual undermining of the democratic regime. Using data for all parliamentary and semi-presidential democracies between 1946 and 2006, we examine the effect of semi-presidential constitutions on the duration of prime ministers’ tenure in office, government accountability with respect to economic outcomes, and democratic survival. We also examine (for a smaller sample of post-communist countries) the impact of these constitutions on the progress of structural reforms. We find that the observed higher instability of prime ministers in semi-presidential democracies is more due to the electoral system than to the presence of a popularly elected president. We also find that semi-presidential constitutions have little impact on the government’s accountability to economic outcomes and on the survival of democratic regimes. Finally, we find that neither a weak president nor a weak government is optimal for the progress of economic reforms in post-communist countries. Regarding economic reforms, the optimal allocation of constitutional powers between the president and the government grants both significant powers.     

Post-socialist constitutions: The de jure–de facto gap,its effects and determinantsa

The aim of this paper is to contribute to the debate on constitutional rules and their economic effects by extending focus to the de jure–de facto constitutional gap. First, evidence is provided that size of this gap matters as higher gaps lower the effectiveness of the constitutional commitment mechanism. Second, several explanations of this gap are identified, in particular relating to the democratization process, political conflict, age and comprehensiveness of the constitution. The conclusions are based on an empirical study for the unique setting of the post-socialist countries of Europe and Asia, which all enacted new constitutional frameworks after 1989 and it is shown that in some of these countries constitutions acted as blueprints.     

The Eurozone Sovereign Debt Problem: What It Means for U.S. Exports

The European sovereign debt problem became the focus of world attention in 2010, when the interest rates on Greek government bonds rose dramatically, requiring immediate action by the European Union to avoid an imminent default. It has become clear that the problem is not limited to Greece, but a more general problem of the fundamental imbalances and underlying inconsistencies in the Eurozone economic system of using a single currency for a set of countries that lack a unified economic and political system. Financial markets reacted to the debt offering of the other deficit countries in the Eurozone by increasing interest rates on their sovereign debt as well. The major consequences are likely to be largely felt by the Eurozone countries themselves, some of whom will be forced to go through significant structural adjustments over the coming years. The adjustment process could generate a range of alternative macroeconomic outcomes for affected countries??including differences in growth, exchange rates, and investment??which could have significant implications for U.S. trade. This paper attempts to allay some of that uncertainty by exploring a wide range of alternative global macroeconomic outcomes and their potential impact on U.S. exports. The analysis extends the work done in a previous paper which focused on U.S. agricultural exports and its major components. While U.S. exports vary across the scenarios, continued strong economic growth in developing countries supports demand for U.S. exports. Because the EU has represented a declining share of U.S. exports, the direct impact of changes in European demand affects U.S. exports less than the secondary effects of changes in exchange rates and global investment patterns associated with alternative EU outcomes.     

Constitutions as constraints: A case study of three american constitutions

The Original Constitution of the United States, the Articles of Confederation, was approved in 1781, but within a few years the Articles were replaced by the Constitution of the United States. Approximately seven decades late, the Confederate States of America wrote a constitution using the U.S. Constitution as a model. The three documents are used as a case study on constitutional rules as constraints on government. When compared to the Articles, the effect of adopting the Constitution was to relax constraints on the federal government. The Confederate Constitution added constraints to the U.S. Constitution, while retaining the same basic framework. The author gratefully acknowledges helpful comments from Bruce Benson, Donald Boudreaux, James Dorn, Thomas Dye, Robert Ekelund, Milton Marquis, Richard McKenzie, Glenn Parker, Gordon Tullock, Viktor Vanberg, and Richard Wagner.     

God save the queen,god save us all? Monarchies and institutional quality

Until the beginning of the 20th century, monarchy was the predominant constitutional form and is still in place today in many countries. However, although a voluminous body of research is concerned with the consequences of constitutions for human development and institutional quality, research on the consequences of monarchy is almost non‐existent. This paper explores the effects of monarchy on economic institutional quality and provides evidence that monarchies are associated with significantly better institutions. Robustness checks indicate that this result cannot be explained through alternative channels such as monarchies being on average richer or smaller.     

State provision of constitutional goods

This paper investigates the impact of constitutional rights on the level of public expenditure in a large sample of countries. To do so, we construct a panel of 73 countries from 1960 to 2011. We first investigate factors that drive constitutional changes regarding constitutional rights. To address potential endogeneity concerns in the choice of constitutional rules, we rely on an instrumental variable within estimation (country and time fixed effects) to estimate the impact of constitutional rights on government size. We find that larger governments tend to inscribe fewer rights in their constitutions, but we do not detect any impact of constitutional rights on the government size.     

Hayek’s <Emphasis Type="Italic">Constitution of Liberty</Emphasis>—a guarded retrospective

Hayek’s Constitution of Liberty is justly regarded as making a comprehensive case for the protection of individual liberty against excessive government intrusion. But even as its ends are correct, its analysis of key conceptions of equality, coercion and monopoly is incomplete because of Hayek’s refusal to adopt a consistent theoretical framework that accounts for the difference between formal and substantive forms of regulation, on the one hand, and why the refusal to deal is critical in competitive markets but subject to regulation in monopolistic ones. His deep skepticism about central planning rests upon an overbroad account of collective ignorance that unwisely understates the dangers of self-interest in collective deliberations. That weakness then leads him to exhibit an excessive skepticism toward written constitutions on both matters of structure and individual rights, which in turn leads him toward undue deference to economic regulation of the economy.     

Spatial dependence in constitutional constraints: the case of US states

Several theories suggest that states?? choices of constitutional rules are at least partially a function of neighboring constitutions. This paper provides the first analysis of spatial dependence of specific provisions within state constitutions in the United States. The analysis effectively makes constitutional rules endogenous, contributing to a relatively underdeveloped branch of constitutional economics. By employing a series of probit estimations of nineteen specific constitutional rules, I find evidence of spatial dependence in state constitutions. Specifically, the presence of specific constitutional constraints pertaining to term limits, supreme court justice selection, recall, home rule, direct democracy, constitutional amendment by convention, balanced budget requirements, tax and expenditure limits, line item veto, victims?? bill of rights, health and welfare, right to privacy, environmental protection, sex discrimination, abortion, and official language all exhibit some evidence spatial dependence.     

Do longer constitutions corrupt?

Tsebelis and Nardi (2016) and Tsebelis (2017) report that constitutional length correlates with lower levels of GDP per capita. They argue that this may be the case because longer constitutions lead to greater corruption. However, uncovering a causal relationship between constitutional length and corruption is difficult. On the one hand, political elites may pressure drafters to include specific provisions that facilitate their rent-seeking efforts. On the other hand, constitutional drafters may be responding to corruption by including a large number of specific safeguards. Our aim in this paper is to explore whether there is a causal effect of constitutional length on corruption. We utilize data from the Comparative Constitutions Project (CCP) to identify 5 cases when a country experienced a ≥50% increase in constitutional length. For each of those cases, we compare the subsequent change in corruption to that of a synthetic control. We report evidence of a significant post-treatment increase in corruption for 3 out of 5 cases (Ecuador in both 1997 and 2008; Venezuela in 1999). However, the 2008 Ecuador result is not robust to a placebo test; and in the case of Venezuela it is difficult to distinguish a constitutional length effect from a “Chavez effect” (Grier and Maynard 2016). The evidence that longer constitutions corrupt is weak.     

International trade and macroeconomic dynamics: The case of U.S. bilateral trade with G-7 countries

The short- and long-run effects of exchange rates, income, interest rates and government spending on U.S. bilateral trade with the other G-7 countries are investigated using an autoregressive distributed lag (ARDL) model. The primary contribution of this study is to consider separating the analysis of exports and imports in an integrated model that empirically encompasses four major schools of thoughts – elasticity, Keynesian income, absorption and monetary approaches – in order to identify macroeconomic linkages to U.S. bilateral trade with the other G-7 countries accurately. Results suggest that, in both the short- and long-run, U.S. imports and exports are highly sensitive to changes in U.S. and foreign income, while U.S. imports and exports are relatively insensitive to changes in bilateral exchange rate. It is also found that both exports and imports are more responsive to changes in government spending than changes in interest rates in both the short- and long-run.     

Energy intensity: Deindustrialization,composition, prices,and policies in U.S. states

This paper uses the historical experience of U.S. states to examine the reasons why energy intensity has declined in some places more than in others. In aggregate, U.S. energy per dollar of GDP declined 34 percent between 1997 and 2018, but across states the decline varied from 9 percent in Iowa to 52 percent in Washington State. I show that none of this variation is explained by either deindustrialization or the changing composition of states’ industrial sectors. Although some U.S. state policies are significantly correlated with these changes, they are not correlated in a way that explains the changing overall state energy intensities. Energy intensity declines do not appear to be a result of leakage to other states or countries and have not been associated with slower economic growth.     

Foreign direct investment and civil liberties: A new perspective

The conjecture that democracy discourages foreign direct investment (FDI) has been widely refuted in empirical studies. However, we find support of this view. We distinguish between civil and political liberties and propose that multinational firms tend to invest in countries with low civil but with high political liberties. We show that the negative relationship between civil liberties and FDI is hump-shaped. A threshold level of civil liberties exists, below which repression of civil liberties is associated with more FDI. The results are explained by different economic motives for FDI in different groups of countries.     

A Supply and Demand Exposition of a Constitutional Tax Loophole: The Case of Tariff Symmetry

The U.S. Constitution permits import tariffs but bans export duties. Yet import taxes are de facto export taxes, just as export taxes are de facto import taxes. Access to this symmetry proposition has been limited by its illustration being in daunting analytics largely restricted to international economics. This is unfortunate. Tariff symmetry exposes a tax loophole of constitutional proportions, a case where economics trumps the intentions of America's Founding Fathers. Moreover, tariff revenue was the U.S. government's pivotal revenue source from 1789 until the 1913 constitutional sanctioning of the income tax. Because U.S. exports were heavily agricultural, tariff symmetry implies that federal taxation had an export dimension with disparate economic and regional consequences. By making tariff symmetry more accessible, this paper lowers the cost of examining important issues.     

Who are “We The People”? Bruce Ackerman, Thomas Jefferson, and the Problem of Revolutionary Reform

Bruce Ackerman of the Yale Law School proposes new procedures for constitutional reform to supersede the amendment process set forth in Article V of the U.S. Constitution. He argues that the revolutionary character of regime changes in the 1780s, 1860s, and 1930s has been disguised by the fiction of constitutional continuity. Americans will not be prepared for future constitutional crises if they fail to develop new amendment procedures to facilitate future reform efforts.Thomas Jefferson's constitutionalism provides a critical perspective on Ackerman's project. Like Jefferson, Ackerman sees constitutional change as an opportunity for the People to return to revolutionary first principles; unlike Jefferson, he equates American nationhood with the progressive concentration of power in the federal state.