What are Tariffs?

Tariffs are taxes paid by importers of goods from other countries. While tariffs are a potential source of revenue for governments, over the last 50 years, many nations, including the U.S., have agreed to reduce or eliminate tariffs, in part to allow the importation of cheaper foreign goods and to increase exports to other countries. The argument is that increased economic growth from cheaper imports and higher exports outweighs the losses as people buy imported goods rather than domestically produced goods.

The Trump Administration reversed this trend. As foreign policy, President Trump has used tariffs and the threat of tariffs to negotiate new trade deals with other countries or trading blocs. As part of domestic policy, President Trump has leaned heavily on tariff revenue to offset the tax cuts enacted under his One Big Beautiful Bill in 2025.

As shown in the figure below, one effect of this policy change was to dramatically increase the government’s revenue from tariffs.

Revenue from tariffs was under $50 billion each year until 2018, when President Trump’s first-term tariffs took hold. President Biden’s revenues from tariffs remained around the same, hitting $77 billion of revenue in 2024, or around 1.5% of the total federal budget. In the first year of President Trump’s second term, however, $274 billion, or around 4% of the total federal budget, was raised from tariff revenue.

Which branch of government has the power to impose tariffs?

Article 1, Section 8 gives Congress the “Power to lay and collect Taxes, Duties, Imposts, and Excises…” For most of the 19th Century, tariffs (duties) were the major source of revenue for the federal government, so Congress regularly passed large tariff bills. However, with the introduction of income taxes under the 16th Amendment and the moves toward free trade after World War II, tariffs became less and less of a focus as a revenue-collection mechanism.

The Trump Administration initially imposed tariffs under the 1977 International Emergency Economic Powers Act (IEEPA), which gives the President the authority to impose economic sanctions on countries or entities that the President deems pose an emergent threat. This law was passed during the Cold War Era to allow these sanctions to be imposed quickly in response to emergent threats.

As shown below, under previous Presidents, IEEPA authority was used sparingly, while President Trump has used this authority extensively. Furthermore, IEEPA was only used to impose sanctions until President Trump’s tariffs on Canada in 2025.

What did the Supreme Court say?

A variety of lawsuits were filed in 2025 by states and small businesses arguing that IEEPA does not authorize the specific tariffs imposed by the Trump Administration. (In essence, the claim was that an emergency as defined in IEEPA did not exist.) In a landmark 2026 decision, Learning Resources Inc. v. Trump, the Supreme Court agreed with the plaintiffs, eliminating all of the IEEPA tariffs.

What is the response to the Supreme Court ruling?

Immediately following the Supreme Court Ruling, the Trump Administration moved to impose a 10% global tariff on all imports under the Trade Act of 1974. According to an analysis by a member of the Council on Foreign Relations, the overall tariff rate paid by importers under these new tariffs is only somewhat lower than under the IEEPA tariffs.

However, it is important to remember that these new tariffs do not affect all countries equally. After the IEEPA tariffs were imposed, some countries, including Taiwan and Korea, negotiated lower tariffs for their companies by agreeing to reduce their own import tariffs and committing to future investments in U.S. companies and projects. Under the new tariffs imposed under the Trade Act of 1974, imports from these countries are subject to the same tariffs as everyone else, but the other parts of the respective deals remain in place if not otherwise renegotiated.

There is potential for disagreement among the Supreme Court justices about the legality of these new tariffs. The Court’s IEEPA decision focused narrowly on the President’s authority under IEEPA, and not on broader questions of the Constitutionality of such laws in the first place. Justice Gorsuch, for example, has indicated that laws that cede tariff authority from Congress to the President may be unconstitutional delegations of authority. A future Supreme Court decision will likely resolve this issue.

The Takeaway

The Constitution vests tariff authority with Congress, but Congress has passed laws granting the President some power to impose tariffs on their own, including the IEEPA law. The Trump Administration used this authority to vastly increase tariffs on imports.

The Supreme Court recently struck down the President’s tariff authority under the IEEPA, but the Trump administration issued new tariffs under the authority of the Trade Act of 1974.

These events illustrate that even after almost 240 years since the Founding of the U.S., the lines of congressional and presidential authority are not always well-defined, requiring Court decisions to resolve conflicts by clarifying each branch’s powers.

How does the VA health system work?

The VA directly delivers care to millions of veterans through government-owned hospitals and clinics. It negotiates drug prices, employs medical personnel as public employees, and runs a fully integrated health system throughout the country. Nearly 70% of all physicians working in the U.S. spend some of their time training or working at VA hospitals. Today, the VA serves roughly 9 million enrolled veterans and operates more than 1,300 facilities nationwide.

VA health care is available to veterans who qualify based on service history and disability status. Sometimes veteran family members are also eligible for VA care when a veteran has experienced a total disability, or through other related programs like the Civilian Health and Medical Program of the Department of Veterans Affairs (CHAMPVA).

As an example of a “single-payer” system, the VA model has no premiums for most enrollees (there are some exceptions for beneficiaries who are not veterans themselves), an integrated electronic health records system, and government-negotiated drug prices. Moreover, because VA physicians are salaried rather than paid per service, the VA does not systematically incentivize additional billing or higher procedure volume. However, the lack of financial incentives and the resources that sometimes go hand-and-hand can, in some cases, limit access (available options and wait times) and overall quality of care.

How is the VA system different from Medicare or Medicaid?

The VA is funded through annual congressional appropriations. Unlike Medicare, which relies heavily on payroll taxes and premiums, and Medicaid, which uses a federal-state matching formula, the VA is financed directly by Congress through the federal budget.

Medicare and Medicaid are also public insurance programs, but they function very differently from the VA. Neither program directly operates hospitals nor employs providers. Instead, they reimburse private hospitals, clinics, and physicians for services rendered. And this reimbursement-based model results in more complex, individualized billing systems, with subsequent administrative overhead, and wide variation in pricing.

A 2022 study found that VA-provided hospital care was 21% less expensive than Medicare-funded care, with a survival rate about 5% higher. A 2014 study by the nonpartisan Congressional Budget Office came to similar conclusions about cost savings. Both analyses explain the savings by citing the differences mentioned earlier: salaried employees, unified electronic records, and drug price negotiations. These findings are particularly notable because Medicare reimbursement rates are already significantly lower than most insurance plans.

What would scaling the VA model nationwide require?

Expanding a VA-style system to cover all Americans would require major structural changes. Extending care to more than 330 million Americans would require either massive construction of hospitals and clinics or the repurposing of current private facilities. The federal government would also have to hire medical personnel from private practice and existing hospital systems, as well as expand its administrative capacity to deliver all non-medical aspects of care.

Supporters argue that such a system could reduce administrative costs by having a similar experience for everyone and provide greater access to more people. Critics worry about longer wait times for government-run services, reduced provider flexibility, difficulty attracting skilled talent, limited advancements in overall prevention and treatment, and potentially higher costs. Finally, because the current VA system cares for adults and a high percentage of retirees, new staff and facilities would be needed to care for infants and children.

The Takeaway

The VA is a large-scale, government-run health system in the United States, offering a real-world model of what a single-payer health system could look like.

What is the TSA?

After the 9/11 attacks, the federal government created the DHS to centralize agencies responsible for securing America’s borders. At the same time, the Transportation Security Administration (TSA) was created as a standalone agency within DHS, responsible for airline and passenger security.

What’s causing the shutdown and the travel delays?

DHS and the rest of the federal government were funded under a continuing resolution, which expired on January 31, 2026. Congress has enacted budgets for the rest of the government, but funding for most DHS agencies remains unresolved. As shown in the table below, the exceptions are two DHS agencies whose funding was included in the One Big Beautiful Bill Act (OBBBA) enacted in July 2025.

Without funding, most agency operations are suspended. Some employees are designated “essential,” meaning they must continue to work during a funding lapse even though they are not being paid (they receive back pay after shutdowns are resolved). About 95% of TSA employees are considered essential.  

During the shutdown, a significant number of TSA employees resigned. Absences due to illness and other reasons are also higher. The result is that at some airports, TSA does not have enough personnel to adequately staff its processing lines during peak travel times, leading to longer wait times for airline passengers.  

On March 28th, President Trump issued an Executive Order directing the Secretary of Homeland Security to pay TSA employees. It is unclear whether the order is constitutional. Article I, Section 9, Clause 7 of the U.S. Constitution states, “No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law.” Up to now, this clause has been interpreted to mean that federal employees cannot be paid during a shutdown unless Congress appropriates funds for their agency. An alternate theory is that funds from the OBBBA can be used. The question will likely be addressed in federal court.

Why haven’t Members of Congress funded DHS?

The current shutdown is not directly about the TSA or TSA funding, but rather about other aspects of Homeland Security. As the table above shows, DHS includes a myriad of other agencies, including Customs and Border Protection (CBP) and Immigration and Customs Enforcement (ICE).

At the core of the DHS shutdown are competing political visions of ICE and CBP enforcement policies. Democrats are seeking to change how ICE and CBP agents operate, including requiring agents to wear personal identification when in public, not to wear masks while conducting enforcement operations, and to obtain warrants before entering homes or businesses. While DHS leadership has offered to make these policy changes, Democrats want them included in the budget resolution, making it harder for DHS to reverse its decision in the future.  

On March 27, 2026, the Senate passed a DHS budget that includes Democratic changes and does not fund ICE or CBP (they would continue to be funded from the OBBBA). However, House Republicans enacted a different funding bill that does not include these changes and also adds some additional provisions. The shutdown will end only when both chambers enact the same proposal.  

What Has the Impact of the Partial DHS Shutdown Been on TSA Operations?

Most of DHS, including TSA, continues to operate, but employees are not being paid (except for TSA employees if the Trump order is sustained), and contractors are not being reimbursed. So far, the biggest impact has been TSA employees calling out sick or quitting, causing staffing shortages at many airports. While media stories have focused on the worst-case airports, such as Houston or Newark, the impacts on TSA screening wait times have varied widely across airports, as shown below.

The chart shows a snapshot of wait times on a Thursday morning in late March 2026. Note that some of the largest airports, including La Guardia, JFK, and Atlanta, aren’t reporting wait times online and so aren't included, though media reports indicate several-hour wait times at each of these airports. However, it’s also easy to see that the difference in wait times between Houston and Los Angeles is several hours, indicating that TSA impacts are not uniform across the country. In addition, some airports (including San Francisco) have private security firms run airport security, so they are unaffected by the shutdown.

The Takeaway

Currently, employees of TSA are required to work without pay, leading to resignations and increased unscheduled absences.

Because of these staffing issues, wait times are significantly higher at some airports throughout the U.S. However, most major airports report near-normal wait times.

TSA operations will not return to normal until Congress enacts a budget for the TSA’s parent Cabinet Department, DHS.

What are Pharmacy Benefit Managers?

PBMs are the middlemen of the pharmacy industry. They negotiate drug prices between pharmaceutical companies, insurers, and pharmacies. The goal is to negotiate price reductions from drug manufacturers by offering to make bulk purchases of widely used drugs. The result, in theory, is lower drug prices for consumers.

Critics of PBMs point out that only three PBM companies account for 80% of drug sales in the United States, and that PBMs operate largely in secrecy. Concerns have been raised that drug manufacturers offering higher-priced drugs have offered rebates to PBMs in exchange for PBMs' efforts to get insurers to include these drugs in their medical plans. In this way, PBM negotiations might lead to higher drug prices rather than lower prices.

Another consequence of PBMs is that consumers who purchase drugs directly from manufacturers (because their insurance plan does not cover the drug) can pay significantly higher prices.

Finally, research shows that in some cases, PBMs charge federal programs, such as Medicare (which provides health care for seniors), higher prices for drugs than the PBM pays producers, thereby increasing PBM profits. Producers span a variety of functions, including selling policies, advising clients, negotiating terms with insurers, and maintaining renewals with clients, and can generally be categorized as a captive agent (only works with one insurance company), independent agent (works with multiple insurance carriers), or insurance broker (legally represents the client rather than an insurance company or carrier). Producers usually get paid through a commission, bonus, and/or profit-sharing arrangement.

What is Congress doing about PBMs?

Legislation aimed at PBM operations is an exception to the rule of deeply partisan conflict in Congress. For example, The Pharmacists Fight Back Act (H.R. 9096) was sponsored by a diverse coalition of liberals, moderates, and conservatives. The legislation would ban practices that increase PBM profits, including spread pricing (when a PBM charges an insurer or health plan more for a drug than it pays the company that produces it, keeping the difference as profit) and steering (when PBMs require or pressure patients to use pharmacies the PBM owns). It would also require PBMs to pass along any rebates they receive to insurers and their customers. Finally, the Act would add new disclosure requirements for PBM negotiations with drug companies. Another proposal, the PBM Reform Act of 2025 (H.R. 4717), would prohibit PBMs from overcharging Medicare for drugs, as discussed earlier.

On February 3, 2026, Congress passed a bipartisan spending bill to fund the federal government for the remainder of the 2026 fiscal year (through September 31, 2026). This bill also included the provisions of H.R. 9096 and 4717.

The Takeaway

The PBM industry is enormously powerful in setting the drug prices Americans pay for prescription drugs.

Congress recently enacted bipartisan proposals to increase regulation of this industry.

These efforts are a reminder that even in highly partisan times, members of Congress can sometimes build consensus around common goals.

The enactment of PBM reforms as part of an appropriations bill is also a reminder that spending bills sometimes include potentially impactful policy changes.

Why does the right to protest matter?

Protests are an important tactic for groups interested in policy change. Protests can raise public awareness, shift opinions, and provide greater visibility into the impacts of maintaining the status quo. Many significant policy changes, including the abolition of slavery, the expansion of voting rights to women and minorities, the abolition of Jim Crow laws, the right to organize unions, and the end of the Vietnam War, were accompanied by major protest movements.  

At the same time, even fully legal protests, such as picketing or sit-ins, can make everyday life more difficult for everyone. Other tactics seen in recent protests, such as blocking traffic, restricting student access to buildings on college campuses, and impeding law enforcement, are generally illegal. As with other civil liberties, the right to protest must be balanced against the government’s ability to maintain public order and the rights of non-protestors to continue their daily activities unimpeded.

What does the Constitution say?

The right to protest comes primarily from the First Amendment to the United States Constitution. This Amendment protects the rights of people to gather publicly, express views, hold signs, chant, march, and advocate for political change. The content of such protests need not be considered good by all audiences. Controversial expression, including burning the flag and engaging in potentially offensive protest activity at military funerals, is protected when conducted lawfully in public spaces.

But the First Amendment does not protect all speech in all places at all times. Courts have long recognized that governments may impose reasonable restrictions, particularly to protect public safety and order. In the 1919 case Schenck v. United States, the Supreme Court ruled that speech creating a “clear and present danger” could be restricted

In 1969, this standard was changed by the unanimous ruling in Brandenburg v. Ohio, which held that speech can be prohibited if it is "directed at inciting or producing imminent lawless action” or "likely to incite or produce such action." This remains the key standard today. Additionally, the right to freedom of speech does not protect vandalism, property destruction, assault, trespassing in restricted areas, blocking emergency vehicles, or physically preventing others from entering buildings.

How can governments regulate protests?

Governments may impose time, place, and manner restrictions. These restrictions must be content-neutral, meaning they do not target a particular viewpoint; instead, they apply to all forms of protest activity. In addition, laws must be narrowly tailored to serve a significant government interest (e.g., by not permitting amplified sound at protests in public parks), and they should leave open alternative means of communicating a protest message or action.

Courts have historically divided spaces into three main categories:

• Traditional public forums like parks, sidewalks, and streets.
• Designated public forums, spaces that the government opens for expression, like city-run municipal theaters and meeting spaces at state universities.
• Nonpublic forums such as military bases, prisons, and government offices.

Traditional public forums are where people enjoy the strongest speech protections. Designated public forums enjoy similar levels of protection when open for these activities on specific days or times. In non-public forums, the government can impose stricter controls owing to the activities typically occurring there.

In Hague v. CIO, the Court in 1939 affirmed that streets and parks are historically open to public assembly after enforcement of a New Jersey statute shut down a recruitment drive on public streets run by the Committee for Industrial Organization. But not all government property is open for protest. In Adderley v. Florida, decided in 1966, the Court upheld trespass convictions for protesters blocking a jail driveway.

How do federal, state, and local laws differ?

Protests in places such as national parks or near federal buildings are governed by federal regulations that may require permits to assemble for large gatherings and impose security perimeters around government facilities.

State and local rules may also require permits, and demonstrations, such as parades that block traffic flow, often require advance notice and permitting. States and cities can also regulate an event's noise level, prohibit sound amplification, prohibit the proposed route or location, and impose curfews to set an end time. Like limitations on federal protest restrictions, permit systems cannot be used to suppress unpopular viewpoints.

The Takeaway

The Constitution strongly protects peaceful protest in public spaces, but governments may impose content-neutral time, place, and manner limits, and the specific rules vary depending on whether you are on federal land, state property, or city streets.

A key distinction runs through all protest law: the Constitution protects speech and peaceful assembly, but it does not protect criminal conduct. Much of the controversy around protests arises when these two categories overlap in real-world events.

Arguments for the strikes

Supporters of the strikes place it in the context of nearly five decades of hostility between the United States and the Islamic Republic of Iran. Since the 1979 revolution, when Iranian students seized the U.S. Embassy and held 52 Americans hostage, the relationship has been defined by tension.

For decades, U.S. officials, intelligence agencies, and Presidents from both parties have viewed the Iranian regime as a major state sponsor of terrorism. Iran has long provided funding, arms, training, and strategic direction to a network of militant groups that have attacked many countries, including the U.S. and Israel.

In addition, U.S. officials across multiple administrations have maintained that Iran is working to develop a nuclear weapon, and that these efforts cannot be allowed to succeed. Proponents of military action argue that a nuclear-armed Iran would pose a direct threat to Israel and U.S. allies in the Gulf, potentially trigger a regional arms race, increase the risks of broader nuclear proliferation, and strengthen Iran’s leverage over global oil markets.

Declining economic conditions in Iran prompted mass protests that escalated into calls to replace the current system of government, which is based on Sharia (Islamic) law and dominated by religious leaders. One goal of the attacks is to cause enough damage and disruption that citizens could overthrow the government and replace it with one more sympathetic to U.S. interests.  

Arguments against the strikes

The arguments against military strikes highlight uncertainties and possible unintended consequences of U.S. intervention. Consider attacks against the leadership in Iran, including one that resulted in the death of Supreme Leader Ali Khamenei. In Iran, the Supreme Leader is both a political head of state and a religious authority. Removing him alters the balance of power, but it does not render Iran leaderless, nor does it ensure a transition to a democratic government controlled by the Iranian people. Some citizens of Iran have long opposed the regime’s repression and human rights abuses. Others view foreign intervention as an attack on national sovereignty or religious authority. As a result, the attacks could wind up increasing support for the regime.

Critics warn that killing senior leadership still leaves intact powerful clerical institutions, military commanders, and security forces that will be in charge of state responses in ways that are likely to be violent domestically and abroad. Iran has already launched retaliatory drone and missile attacks against U.S. interests in the region, as well as civilian targets in countries neighboring Iran.

Iran sits at the center of a region responsible for a large share of global oil production, with oil tankers traveling through the narrow Straits of Hormuz. For example, China receives about 25% of its oil imports from sources in the Middle East. Also, about half of the world’s supply of urea, a feedstock for fertilizer, travels through the Straits. Iranian officials have long threatened to block the Straits in the event of hostilities.  While the United States has offered to escort ships through the Straits, it is unclear whether safe passage can be maintained. At present, ship travel appears to be much less than normal. If this disruption continues, it might cause significant economic hardship throughout the world.

Finally, it is possible that the attacks from U.S. air and sea forces will not be sufficient to disable the Iranian state, motivate regime change, or prevent Iranian retaliation in the Middle East and elsewhere. At that point, U.S. decision-makers would face a stark choice: admit sustained goals have not been met and withdraw, continue the operation at an estimated cost of $1-5 billion per day, or begin preparations to send ground forces for a direct attack.

What happens next?

Article I, Section 8 of the Constitution gives Congress the authority to declare war. While presidents may use force in many circumstances without explicit congressional action, prolonged offensive engagement traditionally requires congressional authorization. Current members of Congress argue that military campaigns of this scale demand public debate and legislative approval.

In the coming days, Congress is expected to debate and vote on a War Powers Resolution that would direct the president to seek formal authorization or to terminate hostilities. This process may clarify U.S. objectives and shape public opinion on the operation.

The Takeaway

Military actions against Iran have the potential to create a new Iranian government that is more responsive to its people, eliminate the dangers of Iranian nuclear proliferation, and end Iranian funding of terrorist organizations throughout the world.

At the same time, the attacks raise serious concerns about regional security, nuclear proliferation, terrorism, oil markets, and the risk of prolonged conflict.

The path forward is complex and uncertain. It is unclear whether the operation’s goals are achievable or whether the outcome will be dominated by unintended consequences.

What do terms like “legal” and “undocumented” mean?

A lawfully present noncitizen is someone who has a Green Card (giving them permanent residency in the U.S. and work authorization), but also refugees, people granted asylum, people with work or student visas, people given Temporary Protected Status (TPS), and parolees (individuals whose refugee or asylum claims are being assessed). People who enter the country undetected or overstay visas are considered “undocumented,” or “illegal immigrants.”

What sorts of healthcare options are non-U.S. citizens eligible for in the U.S.?

Under current federal law, individuals holding Green Cards are eligible for Medicaid (the federal health care program for the poor and disabled) and Medicare (the federal health care program for seniors) after a five-year waiting period. Medicare eligibility also requires a 10-year work history in the U.S.

The One Big Beautiful Bill Act (OBBBA) of 2025 narrowed eligibility for other types of lawfully present noncitizens. Now, unless a noncitizen has a Green Card and satisfies the other requirements, they are excluded from Medicaid, Medicare, and Affordable Care Act premium tax credits.

For undocumented individuals, the only taxpayer-reimbursable medical care available is emergency treatment to prevent death, serious harm, or disability. This requirement comes from the Emergency Medical Treatment and Labor Act of 1986 (EMTALA), which requires hospitals to provide stabilizing care in such situations. They are also ineligible for Medicare, Medicaid, and the Affordable Care Act.

The OBBBA also changed how the federal government reimburses states for Emergency Medicaid, lowering the federal share of costs for emergency care provided to people without legal status in Medicaid expansion states, from the enhanced 90% match rate to each state’s standard rate. Emergency Medicaid is the program that funds EMTALA and accounts for about 0.4% of all federal Medicaid spending.

The Takeaway

Under current law, federal health care programs are not available to undocumented individuals, as well as non-citizens who do not have Green Cards. The exception is emergency care, but even in this case, care is limited to whatever is needed to stabilize patients.

For routine and elective medical care, the only noncitizens eligible for federal health programs are those with lawful permanent residence (Green Cards) who have lived in the U.S. for more than 5 years.

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What are the Epstein Files?

The Epstein files are a large body of materials collected during legal proceedings against the late Jeffrey Epstein. Epstein was indicted in 2019 for child sex trafficking and later died in prison.

According to a Department of Justice (DOJ) investigation, Epstein committed suicide in prison before his trial. Due to several documented factors, including there being no camera present in Epstein’s cell, some cameras malfunctioned or produced unusable footage, and backup systems failed or didn’t save additional footage, including controversy regarding a ‘missing’ one-minute gap in recording, some speculate that Epstein’s death was not a result of suicide. Additionally, analysis of the video metadata of the released ‘raw’ footage suggests it was stitched or processed. There is no proof of intentional tampering, but due to mixed findings and differing expert opinions, the events surrounding Epstein’s death are the subject of public controversy.

So, exactly what are the Epstein Files? They include paper documents, financial records, flight and boat logs, photos, e-mails, FBI interview summaries, and DOJ memos and communications. The files cover an ongoing series of events occurring on a Caribbean island owned by Epstein, including many cases of sexual activities involving men with underage girls. The documents also show that other individuals visited Epstein’s island (including Secretary of Commerce Howard Lutkin and tech entrepreneur Elon Musk) or accepted transportation on Epstein’s private jet (including former Senator George Mitchell and former President Bill Clinton). Other records show Epstein’s communications with academics, corporate executives, and influencers.

What is the Justice Department doing with the Epstein Files?

The DOJ is releasing redacted versions of the Epstein files under H.R. 4405, the Epstein Files Transparency Act, which was drafted and sponsored in the House of Representatives by Reps. Ro Khanna and Thomas Massey. The Act had broad co-sponsorship before being signed into law on November 19, 2025, by President Trump.

H.R. 4405 mandates that the Attorney General create a publicly-available, searchable database containing “all unclassified records, documents, communications, and investigative materials in the possession of the DOJ, including the Federal Bureau of Investigation and United States Attorneys’ Office” that relate to the Epstein case, with exceptions to protect victims’ privacy, materials depicting child sexual abuse or physical abuse, anything that would jeopardize an active investigation, and classified information. The Act also prohibits redaction of government officials or politicians who appear in the Epstein Files and requires the Attorney General to provide Congress with a list of these individuals.

As of February 2026, more than 3.5 million pages of documents have been reviewed and released, with an unknown number still awaiting review.

Why is the release of the Epstein Files so controversial?

The Epstein files highlight a perennial problem in legislative–executive relations: how to ensure that bureaucrats faithfully carry out congressional mandates. The Act is clear that the names of individuals found in the files (except for victims) should be released to the public. At the same time, political appointees in the DOJ might want to order the redaction of friends, colleagues, or members of their political party to prevent public shame and damage to their careers and families. How can members of Congress be sure that the DOJ faithfully implemented the Act?

Political scientists refer to the difficulty that elected officials face when they try to interpret or influence bureaucratic actions as the ‘problem of control’. In theory, experts within the bureaucracy, meaning the vast system of agencies, departments, offices, and career officials that carry out, administer, and enforce the laws passed by Congress, should be given discretion to carry out complex tasks, such as preparing the Epstein Files for release.

However, the more discretion Congress gives to bureaucrats, the less control it has over outcomes. Even though the Act gives members the ability to view the unredacted materials, it would be impossible for them to review the millions of documents, e-mails, and photos in the Epstein Files. How can Congress tap bureaucratic expertise without giving all of its power to the bureaucracy?

Research shows that Congress has developed a series of techniques to mitigate the problem of control. In the case of the Epstein Files, members have opted to use "fire-alarm” oversight. First, the searchable database is being made available to the general public, allowing a crowd-sourced review of the DOJ’s work. Second, the DOJ is required to allow Members of Congress access to unredacted materials. In this way, legislators can focus on materials flagged by public review (the “fire alarm”) to determine whether redaction decisions were made without bias.

The Takeaway

The release of the Epstein Files is important for its power to hold individuals accountable for past illegal acts and to deliver justice to victims.

The provisions of the Epstein Files Transparency Act also illustrate how Congress mitigates the problem of control, allowing bureaucrats to use their expertise without giving up congressional control over policy outcomes.

The Basics

A “congress” refers to the two-year legislative period aligned with the elected terms of House members. We are currently in the 119th Congress, which began on January 3, 2025.

While our focus is on enactments, it is also true that enacting new laws does not necessarily signify progress or forward movement. For example, the goals of legislation may be opposed by many citizens; a bill’s policy outcomes may ultimately differ from expectations; or circumstances may change, so that the programs funded by a bill may no longer be needed. Congressional repeals of laws or regulations may also increase government efficiency or citizen satisfaction. These factors will be discussed in later briefs.

Even when considering only enactments, legislative activity is not easy to measure. Since 1987, only about 2.4% of bills introduced have become law. Moreover, treating all enacted legislation as equivalent risks overstating Congress’ accomplishments, because many enacted bills are ceremonial, commemorative, or administrative in nature. These include the naming of federal facilities, designations of special days or months, technical corrections to existing statutes, and appropriations (spending) bills, which must be enacted annually. Of the 8259 bills enacted between 1987 and 2024, 3145 (almost 40%) were in one of these four categories. Have these types of bills become more or less common over time?

What does legislative activity look like over time?

Figure 1 shows the number of bills enacted from the 100th Congress (1987–1988) through the most recently completed Congress (118^th). We present both the total count and an adjusted count that excludes all non-major bills, as described earlier.

Although back in the late 80’s and early 90’s there was a meaningful difference between the overall number of bills enacted versus those considered non-major bills, the two trend lines follow a similar trajectory of how legislative enactments have slowly declined over time. The top (solid) line shows total enactments, which have declined from 713 in the 100^th (1987-88) Congress to 276 in the 118^th (2023-2024) Congress, a substantial decline of 437 laws. Data like this is featured in analyses concluding that congressional productivity is at an all-time low.

Examining the adjusted total, which excludes all non-major bills, suggests a less dramatic conclusion. Using this data, total enactments have declined at a much slower pace from 388 bills to 164 (a difference of 214), or about one-half less than the calculation based on total enactments.

The Takeaway

Raw counts of total enacted legislation can misrepresent the extent to which Congress has become less productive over time.

By subtracting minor and technical bills from total counts and accounting for the marked decline in the most recent Congress (the 118^th), a different picture emerges, one where the decline over the last 40 years is smaller than in media reports.

While these data highlight the dangers of evaluating congressional productivity by relying on raw bill counts, it does not address whether Congress is addressing the right issues, whether the legislation enacted by the House and Senate will work as intended, or whether increased focus on repealing bills and regulations would lead to better outcomes.

Limiting Prescription Drug Prices

Policies that would cap the price of drugs include setting maximum prices directly, expanding Medicare negotiations over drug prices, and mandating inflation rebates from drug manufacturers directly to consumers.

If the federal government were to cap prescription drug prices, it would most likely take the form of matching prices charged in other industrialized nations, such as those in Europe. Generally, a large buyer of drugs can negotiate a lower per-unit price, so European countries with nationalized (or variants thereof) healthcare often pay lower prices because their governments negotiate prices for the entire country. Simply pegging U.S. drug prices to those charged in other countries would exploit their bargaining power and lower costs for consumers.

A second alternative involves expanding the U.S. government's bargaining power to negotiate Medicare drug prices that would then also apply to the commercial market. Medicare already negotiates drug prices for the millions of Americans using it. This alternative would increase the number of drugs Medicare will negotiate prices for (currently just a few drugs to potentially dozens), raise the depth of discounts Medicare can pursue, and expand negotiation authority in both Medicare Part D (outpatient drugs) and Part B (physician-administered drugs). This approach somewhat mimics the bargaining leverage advantage of setting a price cap directly.

A third proposal being considered would require drug manufacturers to issue inflation-adjusted rebates directly to consumers. This alternative would be the least direct of the price-capping alternatives, as it would require consumers to bear the costs of the drugs up front and receive a rebate later to offset rising prices.

Regulating the Drug Pricing Industry

A variety of other alternatives exist that fall under the banner of increased regulation of the drug price-setting industry. Some Americans already buy their prescription drugs from other countries like Canada or Mexico, where drug prices are typically lower. One alternative being debated in Washington would simply allow pharmacies to import drugs from countries with lower prices and sell the drugs directly to Americans.

Another proposal would be to eliminate direct-to-consumer advertising of drugs. Critics of drug commercials argue that patients are seeking drugs they don’t need because of exposure to advertising and that, generally, the costs of advertising itself drive up the cost of drugs domestically. Banning advertisements would eliminate these issues, though it could also face a First Amendment challenge, since companies are generally regarded as having a right to advertise.

Name-brand drugs and their generic or biosimilar alternatives are chemically identical. However, name-brand drugs are generally significantly more expensive. Some members of Congress are calling for swifter approval of generic or biosimilar drugs to reduce prices.

There are also other wider proposals, among them include capping out-of-pocket costs for prescription drugs to $2,000 per year for individuals and $4,000 per year for families. This approach would extend protections similar to Medicare’s current cap to the broader commercial market.

What’s the likelihood these proposals would have a broad impact?

In 2024, the nonpartisan Congressional Budget Office (CBO) analyzed the price-matching and bargaining proposals. For brand-name drugs, the CBO study concluded that implementation of price-matching and centralized bargaining would reduce overall consumer spend on prescription drugs by about 5%. Why only 5%? In their view, both proposals would affect only a small fraction of the prescription drug market. As we discuss in an earlier brief, over 90% of prescriptions written in America are for ‘generic’ drugs, a drug whose patent protection has expired. On average, generic drugs are already cheaper in the U.S. compared to Europe and elsewhere.

Other sources have varying views. According to the Centers for Medicare & Medicaid Services, Medicare negotiations already underway in 2026 for a select set of brand-name drugs are projected to reduce prices for those specific drugs by approximately 22%, with negotiated discounts ranging from 38% to 79% on specific drugs. And according to The Common Wealth Fund, prior budget office estimates on broad negotiation proposals include scenarios where major drug brands would be reduced by 57% to 75% compared to current prices.

Finally, organizations like the Association For Accessible Medicines remind us that while many proposals may push prices down, the pharmaceutical industry may respond in ways that affect net outcomes. Some experts even warn that government price negotiation could discourage generic and biosimilar development or shift the industry’s overall strategy, which might affect long-term competition.

The Takeaway

A variety of proposals are being discussed in Washington to reduce prescription drug prices, including capping prices and reforming regulatory oversight of the industry.

While the impact of these proposals depends on how they are implemented, the savings could potentially be low compared to the total costs of prescription drugs, depending on how broadly such proposals are implemented.

Government price negotiation and other proposals could discourage generic and biosimilar development, shift the pharmaceutical industry’s overall strategy, and could limit long-term competition in bringing new drugs to market.

What is health insurance, and how do Americans get it?

Like other forms of insurance, health insurance is a system for spreading medical risk. Individuals pay monthly premiums, and insurers cover some or all medical costs when care is needed. For insurance markets to function, healthy people must participate alongside sicker people, allowing costs to be shared across the entire group.

In the United States, most people receive insurance through one of five channels:

• Employer- or union-sponsored insurance
• Medicare (primarily for seniors who are 65+)
• Medicaid (disabled, pregnant, and low-income individuals and families) and the Children’s Health Insurance Program (CHIP)
• Individual plans purchased directly or through Affordable Care Act (ACA) exchanges
• Active Duty and Veterans programs

Over 90 percent of Americans have health insurance, but where coverage comes from matters. It determines which doctors someone can see, which treatments are covered, how much care costs out-of-pocket, and how secure coverage is over time.

The largest share of insurance is done through employment. Medicare, which provides coverage for older Americans, is second. Third is Medicaid, which covers low-income families and people with disabilities and pays for most long-term care services for older adults, including home- and community-based care, after they have spent down their assets and then qualify for Medicaid.

Why do costs keep rising?

Americans spend far more on healthcare than residents of other wealthy countries. Today, roughly one out of every five dollars spent in the U.S. economy is spent on healthcare. Federal health care spending has grown dramatically over the last several decades, driven largely by increased expenditures for Medicare and Medicaid, and by changes in health insurance subsidies.

There are several reasons for these increases, but a few key forces have driven costs upward.

Demographic changes undeniably contribute to our overall increased costs. As Americans live longer, they require more medical care over time. Consequently, Medicare enrollment continues to grow, and Medicaid bears a greater share of the costs of long-term care for an aging population.

Fragmentation and administrative complexity add to our costs. States regulate insurance markets separately, insurers operate on a state-by-state basis, and coverage rules vary widely. Additionally, because the U.S. health care system relies on thousands of insurers, plans, billing systems, and rules, the myriad associated administrative costs account for a large and growing share of health care spending and are substantially higher than in peer countries. The fact that many health care providers are for-profit companies also increases costs to some extent.

For most Americans with employer-sponsored health insurance, the full cost of coverage is shared, with employers paying a substantial portion of the premium and workers paying the rest. A similar cost-sharing structure exists for people who buy insurance through ACA exchanges, where government subsidies cover part of the monthly premium. Before the ACA, insurers could deny coverage or charge far higher prices to people who were already sick, making insurance unaffordable or unavailable for many.

Once the ACA was enacted, healthy and sick individuals were pooled to increase overall coverage while spreading risk and lowering average premiums. To do this, government subsidies helped keep out-of-pocket costs manageable. At the start of 2026, many of the government subsidies expired. Although the current Congress is considering bills to extend subsidies, people enrolled in ACA plans are now seeing their monthly premiums increase by 25-30 percent because the government is no longer covering a share of the cost. With this said, such government subsidies were intended to be temporary as other cost-reduction options were to be further explored and implemented throughout the insurance industry.

The Takeaway  

Healthcare in the United States is expensive, not because Americans lack insurance, but because coverage is delivered through a fragmented system that depends on broad participation, shared costs, and government subsidies. When any component of that balance shifts, the overall cost of care changes.

Healthcare is also expensive because the cost of treatment reflects the infrastructure, research, and personnel required to provide the standard of care to which Americans are accustomed. In many other countries, citizens have lower costs but also longer waits for care and a narrower range of treatment options.  

At the core of every health care debate is a value question: What does society owe its members when it comes to care? For example, most Americans support Medicare for older adults, even though it is expensive, because they view care in old age as socially valuable and morally necessary.

At the same time, most care for working-age people is provided through employment, reflecting a value placed on linking medical care to individual effort. Notably, support for Medicaid is lower, reflecting a potential misperception that most Medicaid recipients are able-bodied and a value judgment that they should pay for care.

How do drug prices differ?

An important consideration to understand is that claims about the high prices of prescription drugs in the U.S. focus primarily on brand-name drugs, generally new drugs that are still under patent protection. Prescriptions for brand-name drugs amount to approximately 10% of the total drug prescriptions written each year. For these drugs, one recent federal comparison found that U.S. prices averaged about 4.2 times those abroad. Even after adjusting for rebates and discounts, they remained more than 3 times as expensive. The most expensive drug in America is Zolgensma, which is a one-dose gene therapy treatment for spinal muscular atrophy with an average cost of $2.1 million per treatment.

The other type of prescription drug is referred to as a ‘generic’, a drug whose patent protection has expired. Many generic drugs are produced in offshore factories in India, China, and other countries. Generics account for approximately 90% of prescriptions written in the U.S., typically for medications taken daily, such as statins to lower cholesterol or drugs to lower blood pressure. Analyses have found that U.S. prices for unbranded generics were approximately one‑third lower than in comparison countries.

Why are brand‑name prices so much higher in the U.S.?

Unlike many other countries, the U.S. allows drug manufacturers to set launch prices freely, raise them faster than inflation, rely on pharmacy benefit managers for selling, and extend market exclusivity with patents and regulatory strategies that delay competition. Although these policies are intended to spur innovation for advancements in treatment by incentivizing U.S.-based pharmaceutical companies to make greater investments in research and commercialization of prescription drugs, remained unchecked, these policies can lead to high prescription drug prices for most major brands. It is believed that approximately 85 - 90% of drug candidates intended to treat major chronic conditions and other rare diseases never receive approval from the U.S. Food and Drug Administration (FDA). About 40 - 50% of these potential drugs fail to gain approval due to a lack of clinical efficacy, and about 30% fail due to safety concerns or major side effects.

Governments of other countries often use centralized price negotiation as a part of nationalized healthcare administration. Other countries often lag behind the U.S. in approving new drugs, partly out of a concern that the benefits are not worth the costs. In contrast to other countries, the U.S. has numerous pharmaceutical buyers, including Medicaid programs, Medicare Part D plans, the Department of Veterans Affairs, private insurers, employers, and PBMs, each of which negotiates separately with drug companies. Until 2022, Medicare was effectively barred from negotiating the prices of most outpatient drugs, even though it is one of the largest drug purchasers in the world.

As mentioned earlier, due to certain U.S. policies, producers of new drugs benefit in a variety of ways, including from patent laws that grant them a monopoly over production. Drug patents are typically granted for 20 years from the application filing date in the U.S., and are intended to allow producers to recoup the costs of drug development. In general, generic versions of a drug typically enter the market 12-15 years after the original drug can be sold to consumers.

Once generic drugs enter the market, prices tend to decline. Still, both patent strategies and litigation initiated by drug makers against would-be generic producers can extend the period of high prices. Additionally, pharmaceutical companies sometimes layer multiple patents or seek small changes (such as new delivery mechanisms or dosing) to extend the effective monopoly period.

Another factor shaping drug prices is the role of third-party companies known as pharmacy benefit managers (PBMs), which act as intermediaries between drug manufacturers and large purchasers, such as hospital chains. We will discuss PBMs in a future brief.

The Takeaway

Higher prescription drug prices in the U.S. compared with other countries are concentrated in newer, specialty brand-name drugs rather than in older generic drugs, which are the bulk of prescriptions filled.

A small share of brand-name and specialty drugs account for most U.S. prescription spending, largely because U.S. law permits manufacturers to set and raise prices freely while limiting competition and negotiation. Many of these policies are intended to spur innovation and investment in novel prescription drugs, but also increase prices for brand-name drugs.

In addition, authorities in other countries sometimes refuse to approve new drugs because of cost concerns, which also increases price disparities when comparing prices across groups of new drugs.

What has changed?

The DCInbox data collection began in 2010, during the 111th Congress (2009-2010). At that time, mentions of both parties were relatively restrained and largely policy-oriented. Legislators discussed the other party in institutional or procedural terms, with terms such as “majority,” “committee,” “legislation,” “policy,” and “vote” clustered around mentions of the other party.  Anyone following politics knows this is not how things usually sound today. The table below summarizes these words and their changes over time.

In the 112th (2011–2012) Congress, the tone shifted. Republicans increasingly paired “Democrats” with words like “spending,” “tax,” “debt,” “Obamacare,” and “failed.” Both parties began using “extreme” to describe the other, though Republicans did so more often. Democrats began referencing the “Tea Party” as a faction within the GOP. By 2015, after numerous battles over healthcare, taxing and spending, and judicial appointments, Democrats described Republicans as obstructionists; Republicans continued linking Democrats with “spending” and “Obamacare.”

Additional changes occurred during the run-up to the 2016 Presidential election. Republican mentions of “Hillary” (referring to 2016 Democratic presidential nominee Hillary Clinton) peaked that year. Democrats largely avoided using “Trump” until after President Trump took office, but since then, Republicans have mentioned “Trump” more frequently than Democrats have in each successive year.

In the 115th Congress (2017-2018), Democrats linked Republicans with “Russia” in the context of election interference investigations. Republicans, in turn, tied Democrats to “media,” “fake,” “Washington,” “liberal,” and “Pelosi” (the last refers to then-Democratic House leader Nancy Pelosi (D-CA)). The tone was increasingly combative. Democrats framed themselves as defenders of institutions and norms, while Republicans cast themselves as insurgents fighting a hostile and slow-to-respond federal government.

In the 116th Congress (2019–2020), Democrats wrote about the impeachment of Donald Trump, but the onset of the COVID-19 pandemic eventually dominated over 90% of messages sent.

The 117th Congress (2021–2022) opened in the shadow of the January 6, 2020, attack on the U.S. Capitol, which is apparent in congressional communications. Democrats associated Republicans and especially Trump with “insurrection,” “violence,” and “democracy.” As the Biden administration began, Republicans countered with “radical,” “socialist,” “mandates,” and “freedom.”

In the 118th Congress, the backdrop of the coming presidential elections was clear. Democrats started using MAGA as a shorthand for Trump Republican politics that they found distasteful, and Republicans continued to say the Democrats were too radical and their liberal policies were to blame for the current state of affairs.

In the first half of the 119th Congress, the trends of the 118th have largely persisted. Although Democrats have intensified direct attacks on President Trump, Republicans have continued to outpace Democrats in messaging, with more Republicans praising President Trump and his actions than Democrats seeking to convey negative messages. Both call the other side extreme.

What can the medium of official e-newsletters tell us about polarization?

Over time, members’ language about the other party shifted from defining specific policy differences to describing the other side as an existential threat. Before 2010, the typical newsletter focused on informing constituents of what their representative was doing on their behalf. Now, a substantial number of legislators are using newsletters to attack members of the opposing party.

It is important to note that newsletters aren’t supposed to be campaign ads. They are official government communications paid for by taxpayers. Members of Congress are explicitly prohibited from using them to solicit votes or money. Yet over time, some of these newsletters have come to mirror the language of nationalized outrage. What began as an effort to connect lawmakers with their districts has become more of a tool for some policymakers to reinforce their partisan identity.

The Takeaway

Over the past fifteen years, members of Congress have changed the way they talk about the opposing party, shifting from a focus on policy differences to blanket characterizations such as “extreme,” “radical,” “far left,” and “far right.”

It’s important to remember that only about a third of the members (roughly evenly divided between Democrats and Republicans) make these arguments. The majority of communications are about in-district issues and federal legislation. Nevertheless, these strong statements dominate media coverage of congressional proceedings, adversely affect many constituents’ willingness to consider multiple points of view, and have the potential to influence societal behavior, including increased polarization and violence in the U.S.

What congressional scholars do not fully know is whether legislators are responding to pressures from their supporters or acting as opinion leaders, shaping constituents' perceptions through the messages they send.

We also do not know the full extent of how this rhetoric translates into an unwillingness to engage in bipartisan bargaining and compromise.

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The Basics of Health Insurance

Health insurance costs have two key components: an annual deductible for initial health care expenses (the amount of money a recipient must pay out-of-pocket each year for covered healthcare services before a recipient's insurance starts to pay) and monthly premium payments. The recipient pays monthly premiums and all medical expenses until the deductible is met. Thereafter, the insurance company covers most or all of the recipient’s medical expenses. Healthy people generally pay more in premiums than they receive in medical services, while sick people generally receive more in services than they pay in premiums. Insurance providers set deductibles, copays (a fixed dollar amount paid for a specific service), coinsurance (a percentage of the cost a recipient pays after meeting their deductible), out-of-pocket maximum (the annual cap on what a recipient pays for covered, in-network, services), monthly premiums, and what specific benefits are included in each plan.  

Some people prefer to pay higher monthly premiums with lower deductibles and other out-of-pocket expenses, while others, particularly healthy and young people, prefer so-called ‘catastrophic coverage’ with higher deductibles and related out-of-pocket expenses, but with lower monthly premiums. In essence, a catastrophic coverage plan is expensive if a medical need arises because the policyholder must pay the full cost of coverage (i.e.: deductible) and absorb most if not all medical non-catastrophic expenses. However, such plans can be fairly inexpensive if little to any medical needs arise because monthly premiums are low.

Republican and Democratic Health Care Proposals

Under legislation enacted during the COVID Pandemic, ACA health insurance policies are subsidized by the federal government to keep monthly premiums down. These subsidies expired on December 31, 2025, significantly increasing premiums for about 22 million ACA recipients.

Democrats propose extending the subsidies for several years (different groups have proposed one, two, or three-year extensions). Keeping the subsidies in place is costly ($1.1 trillion over 10 years). Also, subsidies reduce the incentive for many recipients to comparison-shop for the most effective, cheapest plan, and insurers have less incentive to compete by offering lower prices.

Republicans in the House and Senate argue that ACA subsidies are inefficient, particularly for people seeking catastrophic coverage. They propose reallocating the funds used to provide subsidies, dividing it among recipients, and funding healthcare savings accounts (HSAs) for these individuals, who could then use the funds to pay for the coverage they wanted. Republicans argue that the HSAs would offset premium increases resulting from the loss of subsidies and that their plan would give consumers more choice in selecting a plan.

Analysis of the Republican plan predicts that some healthy, young ACA recipients would likely shift from their current plans to low-cost catastrophic coverage. Compared to the current system, they could potentially save money because they would not have to pay the higher premiums needed to fund lower deductibles and more generous medical benefits. In fact, if they required expensive care, they could switch to a lower-deductible plan during the next enrollment period. However, the group that remained on conventional low-deductible ACA plans would be disproportionately older and sicker. Insurance companies might then raise premiums to cover the higher average cost of care for these individuals.

Thus, if the government adopted an HSA subsidy plan, ACA recipients would have more options than they do today. However, depending on insurers' actions, some recipients (particularly older, sicker recipients) may find that the government’s HSA contributions do not fully cover their higher premiums.

The Politics of ACA Subsidies

Most Republican members of Congress favor some version of the HSA subsidy plan, and most Democrats support the extension of the subsidies. A Democratic-sponsored House discharge petition (see brief here) for a 3-year extension received a majority of member signatures (mostly Democrats but some Republicans), meaning the extension will come to a vote in January 2026. However, this proposal is unlikely to pass the Senate, where Republicans hold 53 seats (out of 100), and 60 votes are needed to end debate and bring a proposal to a vote.

The Takeaway

Health insurance costs are rising and will continue to do so, whether or not ACA subsidies are expanded. However, most evidence indicates that costs for ACA recipients will spike significantly in January 2026 without an expansion of ACA subsidies.

The two options for addressing the expiration of ACA subsidies highlight a fundamental constraint facing policymakers: it is often impossible to make some people better off without making others worse off.

The outcome of the ACA subsidy debate will depend on negotiations between Democrats and Republicans and between House members and Senators.

What is the rationale?

Trump Administration officials have given five broad rationales for the operation against Maduro:

• It is believed that Maduro is a corrupt leader who was elected in a fraudulent election.
• Criminal organizations in Venezuela are producing and shipping illegal drugs such as fentanyl and cocaine to the U.S., with Maduro allegedly either involved or giving implicit approval. In 2020, the U.S. Department of State’s international drug control report estimated that about 200 – 250 metric tons of cocaine were either produced or trafficked through Venezuela to the U.S. annually.
• During Maduro’s administration, a refugee crisis has unfolded with up to 8 million people having reportedly already left Venezuela over the last decade (about a quarter of the total population). Sources estimate more than 600,000 Venezuelans have entered the U.S. under Temporary Protected Status (TPS) as of early 2025. (see our brief here for more info).
• Venezuela has been under U.S. oil sanctions since 2019, which target exports of crude and refined products to U.S. and Western buyers. Despite these restrictions, Venezuela continues to export oil to Asia, with China as a predominant buyer. Chinese and Russian companies are also involved in Venezuelan oil production. Increased American access to Venezuela could displace these companies. If efforts to increase Venezuelan oil production are successful, global oil prices will decline. A decline would hurt the Russian economy, which relies on oil as its main export, but might help the American economy due to lower energy costs.
• A successful operation in Venezuela could prompt other governments in the region (including Colombia, Cuba, and Mexico) to adjust their policies to align more closely with the current U.S. administration’s priorities.

Many experts agree with these key points. All reputable international organizations regard Venezuela’s 2024 presidential election as illegitimate. Popular opposition candidates were prohibited from running; election authorities declared Maduro the winner while votes were still being counted; and official vote totals were never released. The poor state of the Venezuelan economy and the refugee crisis are well-documented. However, the 2025 National Drug Threat Assessment mentions Venezuela only on one page of a 73-page report, identifying China and Mexico as major sources of illegal drugs imported into the U.S.. One explanation could be that the assessment focused primarily on major sources of fentanyl and synthetic drugs, however, if this is the case, does that suggest the primary reason of Maduro’s capture was less about illegal drugs entering the U.S. from Venezuela and more about oil dominance or some other reason?

Although the actual size of Venezuela’s oil reserves is uncertain, the U.S. Energy Information Administration (EIA) suggests Venezuela had about 303 billion barrels of proven oil reserves as of 2023. Increasing production for the benefit of the U.S. and its allies will probably be costly and take years. Given that these estimates represent 17% of global reserves, could they indicate a greater desire for direct influence over Venezuela?

How unusual are these actions?

The Venezuela operation is consistent with the Monroe Doctrine, first stated by President James Monroe in 1823, which is a foundational U.S. foreign policy principle that set the framework for how the U.S. relates to Europe and the Western Hemisphere, seeking a dominant position. The U.S. has frequently used military force in Central America and the Caribbean to put down rebellions, change governments, and protect citizens and commercial interests. Examples include the occupation of Haiti and Nicaragua in the early 20^th century, the 1916 invasion of Mexico to capture the guerrilla leader Pancho Villa, CIA funding and support for a 1962 rebel invasion of Cuba, the 1982 invasion of Grenada to reverse a military coup, and the 1989 invasion of Panama to arrest President Manuel Noriega on drug-trafficking charges.

Was the operation legal under U.S. Laws and the Constitution?

The Constitution designates the President as Commander in Chief, meaning the President has the authority to order U.S. forces into combat. However, Presidents generally inform congressional leaders of pending operations. Lawmakers from both parties say they were not briefed before the U.S. launched the operations that led to the capture of Maduro and his wife, so this common practice was not followed in the case of the Venezuelan operation.

The President’s ability to conduct military operations is limited under the War Powers Act. The president is required to report to Congress when U.S. forces are sent into hostilities. The use of force must be terminated within 60 days unless Congress approves. The President is required, whenever possible, to consult with Congress before the start of hostilities. However, in this case, American military operations culminated in Maduro’s capture, so the President is not required to notify Congress.

Members of Congress could stop future Venezuelan deployments by passing a resolution prohibiting the expenditure of funds on such operations. However, given Republican majorities in the House and Senate and the potential for a presidential veto, such a resolution is unlikely to be enacted.

What about international law?

While there is no enforceable code of international law, there have historically been norms of conduct that nations are expected to follow. One of these central norms is sovereignty, meaning that nations should not interfere with activities in another nation. Clearly, arresting a nation’s leader and bringing him to trial in another nation contradicts this norm.

A consideration for the U.S. is not whether the United Nations or another actor will bring legal proceedings against the country. Rather, breaking the norm of sovereignty in Venezuela will likely make it more difficult for the U.S. to build international coalitions against other norm violators, such as Russia’s invasion of Ukraine or China’s potential takeover of Taiwan.

What happens next?

By capturing President Maduro, the U.S. has accomplished the easiest of its stated goals. The U.S. is the world’s strongest military power, and there is a very unlikely chance of retaliation by Venezuela or any other country. However, reviving the Venezuelan economy, increasing the country’s oil exports to the U.S., or persuading refugees to return home could require U.S. economic assistance or the introduction of U.S. military forces. These operations are likely to be costly, put U.S. lives at risk, and may not succeed.

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Authority for Federalizing the National Guard

Under both the Constitution and federal law, the President has extensive authority to federalize National Guard troops.

Article I, Section 8 of the Constitution authorizes Congress “To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections, and repel Invasions.” The Insurrection Act of 1807 also authorizes the President to deploy the National Guard or active-duty military to suppress civil disorder and rebellion.

After the Civil War, federal troops were used for law enforcement in many Southern states until Congress passed the Posse Comitatus Act of 1878, which prohibited the use of federal troops (including the Guard) for domestic law enforcement unless the Insurrection Act was invoked.

History of National Guard Deployments Since World War II

In 1952, Congress passed a new Armed Forces Reserve Act that authorizes the President to take federal control of any state National Guard unit for up to two years. Under Title 32 of the Act, units may be activated while remaining under state control, typically for disaster relief or training. The President can also activate Guard units under Title 10 to protect federal property and personnel, placing them under federal control.

The key difference between these provisions is that units activated under Title 10 are considered military forces, meaning they cannot engage in law enforcement unless the President also invokes the Insurrection Act.

During the Civil Rights Era, Title 10 authority was invoked at least seven times, including the 1957-58 desegregation of Little Rock, Arkansas, schools and the 1963 integration of the University of Alabama. Though the Governors of these Southern states opposed the federalization of their National Guard, the President invoked the Insurrection Act and federalized troops within the State under Title 10.

What are the Courts saying?

In Los Angeles, Portland, and Chicago, troops have been federalized under Title 10 and placed under direct Presidential control. In Washington, DC, and Memphis, troops have been federalized under Title 32. The Title 32 deployments are less controversial: the Tennessee Governor has approved the deployments in Memphis, and the President has unique authority in the District of Columbia. However, the Title 10 deployments are the subject of court cases. One key question is whether troops in Los Angeles, Portland, and Chicago are being used for law enforcement, as the President has not invoked the Insurrection Act. These cases are likely to be resolved by a future Supreme Court decision.

The Takeaway

Though rarely invoked, Presidents have the authority to federalize and take control of National Guard Troops even against the wishes of a state’s Governor.

As of November 2025, President Trump has federalized the National Guard five times.

The Supreme Court will likely decide the constitutionality of President Trump’s actions.

How did CO2 become a pollutant?

The Clean Air Act, passed in 1970, authorizes the EPA to regulate air pollutants that endanger public health or welfare. Initially, this authority targeted issues such as smog and lead. However, in 2007, the Supreme Court ruled in Massachusetts v. EPA that greenhouse gases, including carbon dioxide (CO2), should be considered air pollutants.

That ruling compelled the EPA to issue an “endangerment finding” in 2009, which is a legally binding determination that CO2 contributes to climate change and thus harms public health and welfare. The finding became the basis for EPA regulations on emissions from coal- and gas-fired power plants, car and truck exhaust, methane from the oil and gas industry, and other sources. Since these regulations were implemented, total CO2 emissions in the U.S. have decreased; however, this change is due to many factors, some unrelated to the regulations.

In 2022, Congress reinforced the EPA finding by including language in the Inflation Reduction Act that labels greenhouse gases as pollutants under the Clean Air Act, making reversal even more difficult.

What change is the current administration proposing?

In August 2025, Environmental Protection Administration Administrator Zeldin released a proposal to rescind the finding on CO2. The EPA argued that past agency personnel had overstepped their authority by issuing a broad determination that greenhouse gases endanger public welfare. Rather than revisiting the science, the proposal framed the endangerment finding as an unlawful expansion of EPA’s power under the Clean Air Act.

If finalized, the proposal would eliminate federal greenhouse gas standards for light, medium, and heavy-duty vehicles, repeal rules to limit power plant emissions, and withdraw carbon capture requirements.

Can the EPA reverse its CO2 endangerment finding?

In the past, courts have been clear that the EPA cannot unilaterally eliminate regulations once it has determined that a pollutant poses a threat to public health. The agency would need to conduct a new scientific review, publish a proposed rule in the Federal Register, undergo notice-and-comment, and issue a final rule. Declaring CO2 “not a pollutant” without such further scientific review and analysis would likely not withstand judicial scrutiny, although there has been no ruling on the current proposal.

The Takeaway

If the CO2 endangerment finding were rescinded, vehicle emissions standards tied to CO2 would be repealed, leaving only state-level restrictions in place. Power plant rules on carbon pollution would be eliminated, and Clean Air Act permitting requirements would be rendered invalid.

Other climate-related policies would remain, such as tax credits for renewable energy and Department of Energy efficiency standards; however, the federal regulatory backbone for reducing greenhouse gas emissions would be significantly reduced.

Policies regarding CO2 and other factors that affect climate are complex, are likely to have a longer-term impact on society, and intersect with other policy areas such as the cost of living, our national debt, sourcing of natural resources, and supply chain considerations, among others.

Who Runs the House of Representatives?

The rules of the contemporary U.S. House of Representatives give the majority party (currently the Republicans) and its leader, the Speaker of the House, the power to control which proposals are brought to the full chamber for debate and a vote.

The majority party exercises its power through the Rules Committee, which writes procedures that determine whether a proposal will be considered, how long debate will proceed, and which amendments will be allowed. While the minority party (currently the Democrats) is represented on the Rules Committee, the majority party generally always has a strong, loyal committee majority.

Under these circumstances, the minority party in the House can participate in debate and vote on proposals, but normally has little to no role in determining the legislature’s agenda.

What is a Discharge Petition?

Since 1924, House Rules have permitted members of the chamber to discharge a bill - force it to be brought to the floor for debate and a vote, in effect bypassing majority party control. Discharge requires signatures from a majority of the Chamber's members (218 if there are no vacant seats). Once 218 signatures are secured, a vote must occur within 30 days.

Efforts to use a discharge petition are common, with about 10 - 15 filed in every two-year congressional term, as shown in the chart below for the 112th (2011 - 2012) through the 119th (2025-2026) House.

In general, however, successful discharge petitions are rare. From 2011 - 2022, only one petition succeeded: the 2015 effort to reauthorize the Export-Import Bank. Since 2023, there have been six successful petitions, including four in 2025:

• Allow proxy voting for pregnant and nursing House members.
• Restore collective bargaining rights to many federal employees.
• Release the so-called Epstein files held by the Justice Department. (Epstein was a financier convicted of sex crimes. The files may contain embarrassing information about some public figures.)
• Most recently (December 16, 2025), a discharge petition to extend ACA health care subsidies, with a vote likely in late December 2025 or early January 2026 (see our recent brief here).

In addition to these successful petitions, as of December 16, 2025, a petition supporting military aid to Ukraine has 214 signatures. While all current signatories are Democrats, only a small number of additional Republican signatures are needed to generate a majority. A discharge petition may also be filed to propose a ban on stock trading by members of Congress.

What’s happening here?

The increase in discharge petitions in the 119th House reflects splits among Republican House members. The majority of Republicans likely oppose all the proposals discussed above. However, a small number of Republicans from moderate districts, looking ahead to the 2026 midterms and knowing that proposals such as the release of the Epstein files are popular among Democratic and independent voters, want these proposals to be voted on. While these members have little power within the Republican Conference, they can join Democrats to create enough votes to invoke a discharge petition.

In discussing these possibilities, our intent isn't to highlight fracturing within the Republican party, or to place blame on one party over the other for policy outcomes, but rather to emphasize that a Discharge Petition is most widely used and likely passed when differences in policy approaches are seen within the political party that maintains majority control of the House.

The Take Away

• Discharge petitions allow members of the House to circumvent the majority party's agenda control.

• Historically a rare practice, the past year has seen four discharge petitions achieve the minimum 218 House votes to pass with more possible before the end of 2025.

• The rise in the use of discharge petitions is a signal of divisions among the majority party in the House, currently Republicans.

What are ACA Subsidies?

The ACA created insurance exchanges where individuals and families can purchase health insurance. The goal was to reduce the number of uninsured people in two groups: (a) people who have low incomes, but who make too much to qualify for Medicaid (the federal health program geared towards people with limited income and resources) and are too young to qualify for Medicare (the federal health program for Seniors and certain younger people with specific conditions), and (b) people who exceeded certain limits above the federal poverty level (FPL) but who did not have access to health insurance from their employer.

In the current ACA exchanges, insurers offer different levels of insurance. The highest-cost Gold plans offer the highest level of coverage and low deductibles; the cheaper Silver plans offer fewer benefits and higher deductibles; and the cheapest Bronze plans offer the least benefits and the highest deductibles. Individuals choose a plan, and the subsidies are paid directly to the insurer.

The ACA included subsidies to reduce the cost of insurance to many of these individuals. Initially, subsidies were available to households with incomes between 100% and 400% of the FPL, which is currently about $32,000 to $128,000 for a family of four. These subsidies were designed as a sliding-scale benefit so that lower-income households received larger subsidies than higher-income households.

Congress expanded the ACA subsidies during the COVID pandemic as part of the American Rescue Plan, enacted in 2021. Individuals and families with incomes below 150% of the FPL can receive free Silver-level coverage. Moreover, individuals and families with incomes above 400% of the FPL can receive a subsidy if a Silver-level plan would cost more than 8.5% of their income. Subsidies were also added for gig workers and early retirees. However, these expanded subsidies were set to expire on December 31, 2025.

What is the impact of the ACA subsidies?

After the enhanced ACA subsidies were established in 2021, the number of individuals receiving insurance through the exchanges increased significantly (by about 10 million, or 3% of the population), as shown below.

However, data from the Kaiser Family Foundation shows that the uninsured rate in the U.S. declined only somewhat, from 9.2% in 2020 to 7.9% in 2023, suggesting that about half of the new enrollees previously had insurance from another source (such as an early retiree who received insurance from their employer prior to their retirement).

Because ACA recipients have to re-select a plan each year, insurers have already begun sending notices detailing 2026 rates that do not include subsidies. In some cases, recipients face significant premium increases, up to 50-100% above their current payments.

The actual increase recipients will pay depends on which plan they select. For example, someone facing a higher Silver plan cost might choose a Bronze plan or a lower-cost Silver plan instead. It is also the case that health insurance costs are rapidly increasing for all Americans, meaning some of the ACA premium increases are due to higher health care costs rather than reduced subsidies.

The main objections to extending the current subsidies are (a) they are estimated to cost the federal government about $1.1 trillion over the next decade, which is about 10% of total federal health care spending, (b) the subsidies were not originally designed to be permanent, and (c) the availability of subsidies means that recipients have a smaller incentive to comparison-shop for the most-effective, cheapest plan, and insurers have less of a reason to compete by offering lower prices.

The Takeaway

Health insurance subsidies created during the COVID pandemic are set to expire on December 31, 2025.

There are sharp tradeoffs faced when designing social policies. Adding the subsidies has increased the number of Americans using the exchanges by about 3%, or 10 million individuals, and reduced the uninsured rate by about 1.3%.

This increase in insurance coverage, however, comes at a cost: a healthcare system that may otherwise lack strong incentives for insurers to improve efficiencies and drive down premiums, the direct cost on tax payers absorbing the subsidies, and the forgone opportunity cost of spending these funds elsewhere, whether in health care or another area, reducing taxes, or paying down the national debt.

What is mid-cycle redistricting?

In August 2025, the Texas state legislature approved a new congressional map that created five seats, likely improving the odds that more Republicans would be elected to office. Texas currently has 38 congressional seats, of which 26 (64.8%) are held by Republicans; the new plan could shift the balance to 31/38 (81.6%). President Trump, the Republican candidate for President in 2024, received 56.1% of the popular vote in Texas. Similar efforts designed to help elect Republicans have succeeded in Missouri and North Carolina, and are underway in Indiana and Ohio.

On the Democratic side, California voters approved a new redistricting plan in November 2025 that would likely shift five congressional seats to Democrats. California’s congressional delegation currently has 43 Democrats and 9 Republicans (82.7% Democratic) and would shift to 92.3% Democratic under the new plan. President Trump received 38.3% of the popular vote in California in 2024. Mid-cycle redistricting designed to help Democrats get elected has also been discussed in Maryland, New York, and Virginia.

Why are states doing mid-cycle redistricting?

Two major forces make off-cycle redistricting possible and palatable for legislators. First, the Supreme Court’s Rucho v. Common Cause decision (2019) precludes the ability for courts to adjudicate federal partisan-gerrymandering claims. This change, in turn, leaves room for mid-decade redistricting. Second, narrow House margins mean that both parties see one or two additional seats as a big payoff.

How gerrymandered are state delegations?

The impact of gerrymandering, or partisan-led redistricting, can be seen by calculating the partisan difference score – the difference between the share of voters who selected a Republican president and the Republican share of a state's congressional delegation to capture the partisan tilt in a state's districts (and vice versa for Democrats). In general, gerrymandered states have large partisan difference scores (positive or negative).

The chart below compares these two variables across states. The dotted line shows the hypothetical relationship between Trump's 2024 vote and state delegation when the two percentages are exactly equal. For example, if a state has 10 legislators, Trump receives 50% of the vote, and the state has 5/10 or 50% Republican legislators. (States with three or fewer representatives are omitted.)

For example, when the Republican Party’s vote share falls below 50%, their seat percentage generally lags behind the popular vote. For example, Illinois has 17 congressional seats, and Trump received 43.5% of the vote, yet the delegation has only 3 Republican House members (3/17 = 17.6%). The Republican deficit stems from the Illinois state legislature, which is majority Democratic, and the Democratic Governor enacting a redistricting plan that strongly favored Democratic candidates.

On the flip side, when Republicans have significantly more than 50% of the vote, their seat share is generally much higher. For example, Oklahoma has 5 seats; Trump received 66.2% of the vote, and Republicans hold all 5 seats. Here, a Republican state legislature and Governor enacted a gerrymandering plan that favored Republican candidates.

How much more mid-cycle redistricting can we expect?

Three states have revised their maps or are holding a referendum to do so. Five other states (Connecticut, Arkansas, Iowa, Massachusetts, Oklahoma, and Utah) already have delegations that are 100% Democratic or Republican. The table below shows data on the remaining states, sorted by their partisan difference scores, along with the current composition of the state’s House delegations. The columns on the right show constraints: whether there is divided state government (no party controls both the state legislature and the governor’s office), whether the state has majority-minority districts because of the Voting Rights Act (a feature that complicates partisan redistricting efforts), whether the state Constitution bans mid-term redistricting, and whether the state uses a nonpartisan commission to redistrict.

The data in the chart suggests there is unlikely to be much additional mid-cycle redistricting in 2025. Most states face one or more of the four limitations. Only four states have no constraints: Illinois, Indiana, Maryland, and Ohio. And even in these cases, redistricting efforts can run into practical constraints. For example, Illinois’ partisan difference score shows that it is already highly gerrymandered, so it would not be easy to create additional Democratic seats.

The table also shows why partisans are focusing on states like Maryland and Indiana despite the relatively small seat gains (1 Democratic seat in Maryland and 2 Republican seats in Indiana). There are few other places to win seats through mid-cycle redistricting. The lone exception is Ohio, where Republicans could potentially pick up several seats.

The Takeaway

Mid-cycle redistricting gives parties a second chance to stretch their political advantage, testing how far they can push district lines to gain congressional seats.

Four states have already adopted mid-cycle redistricting plans, with several others in work.

Given current rules and seat shares, there is less potential for additional mid-cycle redistricting.

One wild card is a case before the Supreme Court that would remove Voting Rights Act mandates for majority-minority districts. If these restrictions are removed, several southern states would likely redistrict, shifting seats to the Republican Party. Although it is unlikely that these changes could be made in time for the 2026 midterm elections.

Term Limits and Legislative Capacity

One concern with term limits is that they may reduce legislative capacity - the ability of elected officials to identify voters’ needs, draft proposals to address them, and oversee bureaucratic implementation of a bill once enacted. On the other hand, proponents of term limits often argue that term limits will increase productivity, as legislators have a shorter time to achieve their legislative goals, among other factors.

In making this specific comparison, it is important to also account for what scholars label legislative professionalism: the length of state legislative sessions, whether serving in the legislature is a full-time or part-time job, and the number of staff available to assist legislators in their work. Some states, like California, have fully professionalized legislatures similar to Congress. Others, like Vermont, have Nonprofessional legislatures that meet for short sessions with low salaries and few staff. The distinction matters because professionalized legislators are generally expected to be more productive than nonprofessionalized chambers.

The table below uses data from the National Conference of State Legislatures to divide America’s 50 state legislatures on two dimensions: whether they have term limits, and how professional they are (professional, hybrid, or nonprofessional).

One important finding from this table is that there is a mix of cases: some professionalized legislatures have term limits, while others do not.

To examine the impact of term limits on legislative productivity, we use data from the Center for Legislative Effectiveness on two dimensions: the number of substantive bills sponsored by each legislator each year and the number ultimately enacted into law.

Sponsoring a bill is a low-cost means for a legislator to signal constituents what topics the legislator supports. Sponsoring is particularly useful for someone seeking reelection who can point to sponsored bills as part of their track record. Because a term-limited legislator cannot run indefinitely, there is less incentive for them to sponsor a slew of bills.

The table above confirms one of these observations — across legislative types and chambers, legislators in term-limited states sponsor significantly fewer bills per legislator-term than those in states without term limits. Although sponsoring a large list of bills signals to a legislature's constituents what initiatives, causes and policies they care about and support, until a law is enacted, there is often little material impact from such efforts (outside of bringing awareness).  Next, we consider whether term-limited states are more productive in passing substantive legislation than non-term-limited states.

The table shows that term limits increase productivity in Professional and Hybrid legislatures, but decrease productivity in Nonprofessional legislatures. Professional and Hybrid legislatures usually have more significant staff and resources to support legislators, which becomes a bigger factor in a term-limited state, where the Nonprofessional legislator may have greater difficulty navigating the political landscape without the additional years of experience and time in office. Nonprofessional legislatures also typically lack the resources to support less experienced legislators, which ultimately impacts effectiveness in both chambers when term limits are in place.

Another explanation for the difference above is that legislative staff is more important in term-limited legislatures to the extent that the staff in many cases actually ‘runs the show’ rather than the elected legislators. Without term limits, however, that same staff isn’t able to influence legislators with extensive experience, leading to fewer bills passing.

So far, we have only looked across states. To look at  the impact of term limits on productivity from a different lens, we next examine those states that have enacted term limits and compare their productivity before and after implementation.

Although the data is somewhat limited, legislatures that implement term limits appear to have become less productive in terms of bills being passed after term limits were enacted than they were before, regardless of professionalization.

The Take-Away

Almost half of the states have implemented term limits in their legislatures over the past 35 years.

Implementing term limits increases productivity in Professional and Hybrid legislatures but decreases productivity in Nonprofessional legislatures.

Scholarly evidence points to term limits increasing the influence of professional staff and interest groups, but also to increasingly competitive elections.

The trend in crime

The most up-to-date data on urban crime is reported by the Major Chiefs Association, a group of police commissioners from 66 large cities and high-population counties. In this brief, we analyze their data from the first quarter of 2025 (January-March).

The Major Chiefs data includes counts of murders, burglaries, rapes, and aggregated assaults. While most media stories on urban crime focus on murder rates, these statistics are not necessarily the best indicator because murder is a relatively rare crime, so the change in murder rates from year to year is largely random. In general, from 2024 - 2025, murder rates declined in most large cities, including 22.3% in Baltimore, 32% in Chicago, 28.9% in Los Angeles, 26.6% in New York, 35% in San Francisco, and 4.5% in Washington, DC.

A better potential way to measure overall crime is to focus on the rate of aggravated assault, which the FBI defines as “an unlawful attack by one person upon another for the purpose of inflicting severe or aggravated bodily injury.” Most cities have much higher numbers of aggravated assaults compared to murders, making it a more statistically reliable indicator. In the chart below, the x-axis represents the rate of Aggravated Assault per 1000 residents for each of the 66 cities participating in the Major Chiefs' Association survey on violent crime in January-March 2025. The y-axis reports the change in the assault rate between 2024 and 2025.

The chart reveals several important facts about urban crime.

• For most cities, assault rates declined between 2024 and 2025.

• Some cities often cited for having high crime rates, such as Washington and San Francisco, actually have relatively low rates compared to other major cities.

• On the other hand, the data confirms that Baltimore, a city often cited in discussions of urban crime, has one of the highest rates compared to other major cities. Similarly, Los Angeles, where Guard units were deployed in the Summer of 2025, has a markedly higher assault rate compared to other major cities.

• The chart identifies cities that are often overlooked in discussions of urban crime. Detroit, for example, has the highest assault rate of all major cities. Columbus, Ohio, and Atlanta, Georgia, have both seen large increases in assaults between 2024 and 2025.

The Takeaway

Looking at cities one at a time rather than as a group and focusing on assault rates rather than murders may provide a more accurate picture of which communities have high crime rates.

We relied on the completeness and accuracy of the Major Chiefs Association data. There is some debate over the accuracy of crime statistics as well as a broader range of government data. We will consider this issue in a future brief.

How do Democrats describe the shutdown?

Congressional Democrats frame the shutdown as both a policy failure and a moral crisis. In their messages to constituents, they focus on tangible policy failures, including missed paychecks for federal employees, lost or delayed SNAP benefits, and expiring Obamacare subsidies.

Democrats have also been pushing the issue of democratic accountability. For instance, Representative Dan Goldman (D-NY) wrote that, “Donald Trump and House Republicans have full control of Washington and have now used that power to steer the nation directly into a government shutdown, all because they want to cut your healthcare.” He accused Republican leaders of taking “a vacation instead of dealing with the funding and health care crisis,” and vowed to “stay in Washington and work around the clock to prevent this disaster.”  

Similarly, Representative Al Green (D-TX) described the situation as “the unjust Republican shutdown crisis/scheme.” He added, “The Republicans can end the shutdown crisis they have created whenever they choose,” emphasizing GOP control of the House, Senate, and Presidency. (Factually speaking, some Democratic votes are needed to enact a budget in the Senate, given the 60-vote requirement to overcome a filibuster.)

How do Republicans describe the shutdown?

Republican messaging emphasizes fiscal restraint and Democratic partisan obstruction. Members frame the shutdown as a result of Democrats’ unwillingness to compromise on spending, particularly on programs they describe as excessive or misdirected.

House member Tracey Mann (R-KS) argued that “House Republicans did our job, passing a completely non-partisan bill that extends government funding at current levels.” According to this framing, Democrats are responsible for prolonging the crisis by “demanding $1.5 trillion in new spending for a partisan wish list that includes free health care for illegal immigrants.” (Factually speaking, illegal immigrants are legally not allowed to receive health coverage through Obamacare. Those expiring subsidies currently cost about $35 billion per year.)

Another Republican, Cory Mills (R-FL), wrote that “the real obstacle to reopening the government may not be a lack of solutions—it may be fear,” suggesting that Democrats are intimidated by their “far-left base” and unwilling to “put the American people ahead of party politics.” In this narrative, the Republican Party has already acted responsibly, and Democrats are holding out for partisan advantage.

Senate Majority Leader John Thune (R-SD) warned that the “reckless government shutdown” had closed Farm Service Agency offices nationwide, leaving farmers unable to certify crop sales or access loans.

What’s happening as the shutdown continues?

As the standoff enters its fourth week, some government services have been disrupted:

What does the shutdown tell us about Congress in 2025?

The 2025 shutdown indicates that fiscal standoffs are both policy conflicts and symbolic partisan stances. These messages show how each party uses the shutdown to reinforce its broader political identity. Democrats highlight human costs, moral urgency, and democratic principles. Republicans stress efficiency, responsibility, and resistance to government spending.

The Takeaway

The 2025 shutdown debate shows that budget fights have become a stage for partisan posturing – less about keeping the federal government open and more about shaping public opinion on which party stands with the American people.

What Is a Sanctuary City?

“Sanctuary city” is not a legal term, but a label for jurisdictions that limit cooperation with federal immigration authorities. These limits may include prohibiting local authorities from inquiring about immigration status, failure to notify ICE upon the identification of an undocumented person, or refusing detainer requests (an ICE request to hold individuals past their release time until proper arrangements for their transfer or custody by ICE are made).

While the federal government has jurisdiction over immigration policy, there is no legal requirement for state and local governments to comply with ICE policies regarding detainer requests.  

Where are the Sanctuary Communities?

A 2025 Justice Department press release identified 13 states, four counties, and 18 cities as having “policies, laws, or regulations that impede the enforcement of federal immigration laws.” The state mentions focus primarily on state police and prison systems, the county mentions involve local sheriff's departments that run county jails, and the cities cite mostly city policy departments.

• States: California, Colorado, Connecticut, Delaware, District of Columbia, Illinois, Minnesota, Nevada, New York, Oregon, Rhode Island, Vermont, and Washington
• Counties: Baltimore County (MD), Cook County (IL), San Diego County (CA), and San Francisco County (CA)
• Cities: Albuquerque (NM), Berkeley (CA), Boston (MA), Chicago (IL), Denver (CO), East Lansing (MI), Hoboken (NJ), Jersey City (NJ), Los Angeles (CA), New Orleans (LA), New York City (NY), Newark (NJ), Paterson (NJ), Philadelphia (PA), Portland (OR), Rochester (NY), and Seattle (WA)

The states and communities listed in the press release are often the focus of public attention regarding immigration policy. However, these communities are a fraction of the total number of  communities that do not fully comply with ICE.  

A 2025 ICE report identified 551 state or local agencies that either refuse detainer requests entirely or comply under limited conditions. This includes agreeing to hold individuals for 24 hours rather than 48 hours, or notifying ICE only if an individual has prior felony convictions or confirmed gang affiliations. Analysis by Everything Policy reveals that approximately a quarter of these agencies are situated outside the localities mentioned in the Justice Department press release, including many rural counties across the Midwest and Mountain West.  

Why do communities refuse detainer requests?

Many jurisdictions refuse to honor detainer requests because state or local laws prohibit compliance. Others opt out for practical, philosophical or legal reasons, including:

• Limited resources: Small, rural jails may not have the staff, resources, or space to hold individuals beyond their release dates.
• Legal risk: Holding someone without a judicial warrant can expose jurisdictions to lawsuits for unlawful detention.
• Court rulings: Federal courts have questioned the constitutionality of detaining individuals solely based on ICE requests.
• Subjective decisions: Not necessarily legally-driven, but refusal based on philosophical differences with Federal mandates.

The Takeaway

Although immigration enforcement is federally directed, its implementation depends heavily on voluntary cooperation from state and local governments.

The label “sanctuary city” does not capture the full complexity of local decisions regarding undocumented individuals.

Thousands of jurisdictions cooperate fully with ICE, hundreds do not, and a smaller number operate in between.

What is polarization, and why does it matter?

Currently, the policy differences between Republicans and Democrats are as large as they have been since the end of World War II. However, theories of public opinion emphasize the degree of opposition as well as the tone and language used by each side to describe the other. Harsh and belittling descriptions can make it more difficult for politicians and the general public to engage in substantive dialogues about policy differences that may lead to meaningful outcomes. In the extreme, polarization can motivate political violence, such as the assassinations of Turning Point founder Charlie Kirk and Minnesota House Speaker Emerita Melissa Hoffman.  

How often do legislators talk about members from the other party?

Members of Congress can send as many or as few official e-newsletters to constituents as they like. As of September 2025, 97% of all federal legislators (House Representatives and Senators) have set up the ability to send official e-newsletters.

Since the beginning of the 119th Congress which started on January 3, 2025:

• “Republican” has been mentioned in 2,050 e-newsletters sent by Democrats.
• “Democrat” has been mentioned in 1,317 e-newsletters sent by Republicans.

Historically, Republicans have sent more messages to constituents and discussed the other party more frequently than Democrats have. However, in the most recent Congress, Democrats have been sending more communications and referencing Republicans more often than they have in the past.

How does each party talk about the other?

The table below summarizes the main themes in Democratic and Republican messages about the other party.

Overall, the tone of Democratic and Republican messages are somewhat similar in that each side blames the other, though the reasons for blame are slightly different. Both share a core legislative vocabulary, and Trump dominates focus for each party. Looking across all congressional e-newsletters, there are many examples of polarizing language. Relatively few cases include members of one party talking favorably about their colleagues in the other party.

Are all members of Congress sending polarizing messages?

Between January and September of 2025 38% of all official e-newsletters sent from Democrats mention Republicans or the Republican Party. Conversely, 20% of all official e-newsletters sent from Republicans mention Democrats, the Democratic Party, or “the Left”. (The Left is a term used by congressional Republicans to mean the opposition; Democrats tend to label Republicans as Republicans instead of “the Right”.)

The top ten legislators from each party who have most often written about the other party in their newsletters are listed in the table below:

There are two interesting things about these lists. One is that almost all of the Democratic and Republican congressional leaders are absent from the list – the lone example is Democratic Party House Whip Katherine Clark. In addition, while some elected officials on the list are noted for having a national media profile (e.g., Rashida Tlaib and Marjorie Taylor Greene), most would be unknown to the average American.

The Takeaway

So far in the 119th Congress, when a politician from one party talks about the other, it is generally in negative terms.

A large majority of legislators from both parties do not talk about the other party at all in their official communications. Moreover, most of the elected officials with high levels of partisan mentions are not party leaders or have a national reputation.

The loudest voices are likely defining the tone of national politics as the data reminds us that most legislators are still talking about the work of governing and the priorities for their constituents, not just about their opponents.

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Who controls redistricting?

The U.S. Constitution requires congressional districts be revised every 10 years following the decennial Census. It leaves the details of redistricting up to the states. Most state legislatures control redistricting, giving politicians direct power to shape districts that may favor their own party. Independent redistricting commissions are an alternative.

As of 2025, nine states (Alaska, Arizona, California, Colorado, Idaho, Michigan, Montana, New York, and Washington) use independent commissions to draw congressional and state districts. Members of these commissions cannot be legislators or public officials. Many states go further, barring commissioners from running for office, working as lobbyists, or serving as legislative staff.

What do independent commissions do differently?

Independent commissions are designed to insulate the process from partisanship. For example, California’s Citizens Redistricting Commission was approved by voters in 2008, with the goal of removing map-drawing from politicians’ hands. In 2021, the commission unanimously approved new congressional maps after holding dozens of public hearings and inviting citizen input.

Commissions vary in style and oversight. In Michigan, commission members are selected from a pool of applicants by lottery, with strict rules that exclude recent candidates, lobbyists, and relatives of elected officials. New York and Washington allow their legislatures to override commission-drawn maps with a supermajority vote. In some states, members of redistricting commissions are chosen by partisan actors. In others, redistricting plans are subject to oversight or approval from a legislature.

Why do commissions occasionally face political pushback?

Advocates argue that commissions restore fairness and public trust. Representative Zoe Lofgren (D-CA) and others have repeatedly introduced the Redistricting Reform Act, which would require every state to adopt independent commissions. House Democrats included similar provisions in the 2021 For the People Act (H.R. 1).

However, not everyone agrees that commissions deliver fair outcomes. In New York, critics argue that the state’s independent redistricting commission has failed to prevent partisan maneuvering. Courts recently ordered New York’s commission to redraw its maps again, underscoring the ongoing struggle to balance independence with legislative oversight.

California’s redistricting model has been praised by some. Recently, however, Governor Gavin Newsom has proposed a 2025 ballot initiative (Proposition 50) that would temporarily suspend the state’s independent redistricting commission for congressional map drawing, and instead allow the state legislature to adopt new maps directly. The new maps would apply for the 2026, 2028 and 2030 U.S. House elections, giving California’s state legislature more direct authority mid-cycle. This move is being framed as a response to Republican redistricting efforts in Texas, which some view as partisan map changes. If passed, California’s independent commission's map-making authority would be restored after the 2030 census. Debate exists about whether Proposition 50 is constitutional and whether bypassing the commission undermines the original intent of voter-approved redistricting reforms.

The Takeaway

Independent commissions limit, but do not eliminate, the role of politics in redistricting.

What is gerrymandering?

The Constitution requires congressional districts to be based on population counts. After each U.S. Census, districts are redrawn to reflect shifts in where people live. Redistricting happens at the state level, and states use different criteria: preserving county lines, ensuring contiguity and compactness, and/or avoiding incumbent clashes. In fact, states can redraw district lines at any time, not just after a Census.

Most states allow legislatures to redistrict, although some use independent commissions. As of 2025, nine states use independent commissions, and an additional ten states ban drawing maps that favor one party over another.

The partisan makeup of a district can have a large effect on which party’s candidate wins the district. As a result, the group controlling the redistricting process can produce maps that favor one party. Gerrymanders may also favor the reelection of incumbents or reduce the number of seats won by candidates who represent certain subsets of constituents. Two common tactics are:

• Cracking: Splitting up a group of voters across multiple districts to reduce their power.
• Packing: Concentrating as many like-minded voters as possible into a small number of districts.

Partisan gerrymandering often reduces competition. When districts are safe for one party, candidates are less accountable to voters, and turnout often declines. In 2024, researchers at Duke University estimated that ending gerrymandering could create 37 to 42 more competitive House of Representatives seats in U.S. federal elections, out of the 435 voting seats that are up for election every two years (both in presidential election years and in midterms).

One way to measure gerrymandering is through the efficiency gap, which captures the number of “wasted votes” each party has (votes for losing candidates plus surplus votes for winning candidates). A larger efficiency gap signals potential gerrymandering, although geographic clustering (such as Democrats in cities and Republicans in rural areas) can also produce gaps without intentional bias.

Maps drawn by nonpartisan commissions tend to have smaller efficiency gaps and more competitive elections compared to maps drawn by legislatures. We plan to focus on both non-partisan redistricting commissions and the efficiency gap in a future brief.

How does gerrymandering work?

Imagine a state where 60% of voters belong to one party (light gray) and 40% to the other (dark gray). The state elects five representatives:

If district lines run north to south (the left diagram), representation reflects the population split (3–2).

If supporters of the majority party are cracked (the middle diagram), the majority wins all five districts with 60% support.

If voters from the majority party are packed (as shown in the right diagram), the majority is confined to two districts, and the minority wins three seats with 40% support.

These scenarios illustrate how cracking and packing alter outcomes, even with the same voter distribution.

What has the Supreme Court said about gerrymandering?

Modern redistricting standards trace back to the Supreme Court decision Baker v. Carr (1962), which established the principle of “one person, one vote.” The Voting Rights Act of 1965 ensured the ability to vote regardless of race or language, creating the conditions for racial gerrymanders that created districts designed to elect Black representatives. More recent rulings have limited racial gerrymanders. The Supreme Court has declined to intervene on partisan gerrymandering, most recently in Gill v. Whitford (2013). Finally, in Arizona State Legislature v. Arizona Independent Redistricting Commission (2015), the Supreme Court upheld the use of non-partisan commissions.

The Takeaway

Gerrymandering can alter national policy outcomes by influencing who is elected to Congress.

Nine states use nonpartisan commissions to draw district lines, and nineteen states have banned maps that favor one party over another. In the remaining states, there are no limits on how lines are drawn, aside from the requirement that the districts have similar populations.

The Supreme Court has declined to intervene in cases of partisan gerrymandering. Historically, the Court has approved gerrymanders designed to increase Black representation, although recent decisions have struck down several racial gerrymanders.

What are term limits?

The U.S. Constitution defines eligibility requirements for serving in Congress, including minimum age and residency. While the President is limited to two terms, there are no time limits for members of Congress. Some legislators have served for decades. For example, Senator Robert C. Byrd from West Virginia served in the Senate for over 51 years from 1959 to 2010.

According to the Congressional Research Service, the average length of prior service for members of Congress has increased substantially over the past two hundred years.

Term limits are constitutional for state legislators. As of September 2025, 16 states, including California and Florida, have term limits for state legislators. (In a future brief, we will examine the experience of California with term limits.) Some cities, including New York City, have term limits for elected officials.

Arguments for term limits

Members of Congress have a large incumbency advantage over electoral challengers. According to the Congressional Research Service, fewer than 4% of members of Congress who sought reelection in 2023 lost to a challenger. Reasons for the incumbency advantage include high name recognition and established fundraising networks. One argument for term limits is that the incumbency advantage artificially props up incumbent House members and Senators against potential rivals who might represent constituents better.

A second argument is that term limits would reduce a legislator’s concerns about the political consequences of their actions. For example, under the current system, a legislator who favors reducing the federal deficit faces a stark tradeoff: cutting expensive but popular programs can reduce their chances of getting reelected. Under term limits, legislators could focus on policy consequences rather than political risks.

Arguments against term limits

When a politician serves for decades in Congress, they gain knowledge and insights not only in how Congress works but also in the details of complex policy areas. This expertise is valuable for drafting legislation, writing budgets, and overseeing the bureaucracy. Term limits would make it harder to build such policy expertise.

Additionally, the incumbency advantage may exist because members of Congress are genuinely popular and good at their jobs. If constituents are unhappy with their Representative’s or Senator’s time in office, they always have the option of voting them out of office.

How would term limits impact members of Congress?

If we take 12 years of service (the standard in California) as a proposed term limit, then of the 100 current U.S. Senators, 46% would be ineligible, along with 36.3% of current House members. Under a term limit system, these individuals would have been forced to retire in some previous election.

The impact of term limits would be larger for the Democratic Party. The chart below breaks down the number of Democratic and Republican legislators serving in their 3rd (Senate) or 7th (House) or later term.

This chart shows that Democrats (57.4% of Senators, 40.8% of Representatives) would be significantly more impacted by term limits than Republicans. However, a significant proportion of Republicans (35.8% of Senators, 31.9% of Representatives) would also be affected.

The Takeaway

The length of service of members of Congress has steadily increased over the past two centuries.

Introducing congressional term limits would require a Constitutional amendment.

Should limits be imposed, they would likely impact Democratic Senators and Representatives more than Republican Senators and Representatives.

What is a government shutdown?

The Antideficiency Act bans agencies from committing or spending money they don’t have. A shutdown occurs when Congress fails to enact the 12 annual appropriations bills or a stopgap continuing resolution (CR) by the end of the fiscal year, leaving agencies with no authority to spend money. The fiscal year runs from October 1 to September 30. If Congress doesn’t enact a spending bill by the end of the fiscal year, all “non-excepted” or “non-essential” government operations come to a halt until funding resumes.

How many times have we had government shutdowns?

Since 1976, when Congress adopted the modern budget process, there have been about 20 funding gaps lasting a full day. Over the past 30 years, there have been five shutdowns that have lasted more than one business day. These were in 1995-96 (twice, for 5 and 21 days), 2013 (16 days), 2018 (3 days), and 2018-19 (35 days).

What stops during a government shutdown?

Operations of the government deemed “essential” are exempt from shutdowns. These are activities that protect life and property or are otherwise authorized by permanent law (e.g., air traffic control). Non-exempt workers (about half of the civilian federal workforce) are sent home without pay. Employees in essential roles, such as those in the Transportation Security Administration (TSA), are required to report to work. Both receive back pay after funding resumes. Here are some examples of what continues and doesn’t continue during a shutdown.

In past shutdowns, all federal workers have returned to their jobs after a shutdown. The situation might be different in 2025. On September 25, 2025, the Office of Management and Budget instructed agencies to prepare Reduction-in-Force (RIF) plans in the event of an extended shutdown. This directive goes beyond routine furlough planning and may result in significant reductions in the federal workforce. Any RIF is certain to be appealed to the federal courts, which may reverse the action.

How costly are shutdowns?

During the longest 35-day shutdown of 2018–19, the Congressional Budget Office estimated a $11 billion reduction in GDP, with $3 billion in losses that the economy never recovered from. It also delayed about $18 billion in discretionary federal spending. Longer lapses could create private-sector delays in hiring, investment, loans, and certifications.

One of the reasons shutdowns are expensive is the stop-and-start nature of abrupt endings. Agencies lose time reauthorizing systems, renegotiating contracts, rescheduling lab work, and clearing backlogs for tasks such as maintenance or inspections.

Why do shutdowns happen, and what are members of Congress disagreeing over this time?

Shutdowns generally involve partisan disputes over total government spending or specific policy demands that involve spending cuts or additions.

In 2025, the Republican Party holds the majority in the House. Bills in the House only require a majority to pass. The Republican Party also holds a majority in the Senate, but due to the possibility of a filibuster, passage requires 60 votes. The House passed a continuing resolution on September 19, 2025. When the Senate considered the measure, it failed on a 44-48 vote.

Senate Democrats want the CR to include an extension of the Enhanced Premium Tax Credits, which are Affordable Care Act (ACA) subsidies that lower the cost of insurance for low-income individuals. These subsidies, which currently cost about $30 billion per year, were enacted during the COVID-19 pandemic and are set to expire at the end of this year. If the credits lapse, ACA premiums will increase, and an estimated four million people will choose to end insurance coverage. The enhanced credits weren’t included in the One Big Beautiful Bill Act (OBBBA) earlier in the year. Republicans used the budget reconciliation procedure to pass OBBBA, which meant no Democratic votes were necessary for passage.

How do shutdowns end?

Shutdowns end when Congress enacts a spending bill that covers the unfunded accounts either through a CR or full-year appropriations, and the President signs it.

The Takeaway

Shutdowns occur when Republicans and Democrats cannot reach an agreement on spending levels, and neither party has enough votes to enact a budget on its own.

Past shutdowns have disrupted government operations but have had a minimal impact on the overall economy.

Who are the international students?

Currently, over 1.2 million international students are enrolled in undergraduate and graduate degree programs in the United States. (Total U.S. enrollment is about 20 million.) In 2025, 228 foreign countries and territories have students studying at U.S. colleges and universities. The figure below shows trends over time.

International enrollment has increased by about 20% over the last decade, and recently has risen back to pre-pandemic levels. While enrollment of Chinese students is often the focus of public conversation, students from India now comprise the largest group, with students from China accounting for about one-fifth of total international enrollments. 50% of international students are from countries other than China and India.

Additional data on Chinese students in the chart below shows that undergraduate enrollments dropped during the pandemic and have dropped further since then. Chinese graduate enrollments, in contrast, have increased slightly.  

Benefits of International Students in U.S. Colleges and Universities

One major benefit to colleges and universities of enrolling international students is financial. International students typically pay full tuition, while many American students often do not. At public schools, for example, in-state tuition can be substantially lower than the rate paid by non-residents, including international students. Various grants and scholarships are also available only to domestic students.

While much attention has been paid to the trade gap between the U.S. and most of the world, one area in which the U.S. still excels in exporting is education. Many of the world’s future business and political leaders study in the U.S., but then return home. This cross-cultural exchange creates closer international political-business relationships and means that U.S. educational values are broadly distributed across the globe. However, it also means that the U.S. is exporting skills and knowledge, as well as training people who will contribute to the economies of other countries.

Costs of International Students in U.S. Colleges and Universities

One of the main costs of having international students attend U.S. colleges and universities is the opportunity costs for domestic students competing for scarce seats in high-demand school programs. The figure below shows that at Harvard University, international students now comprise over 27% of the total student body, which is fifty percent higher than it was two decades ago.

Harvard is not an exception - at Stanford, international students currently comprise 21.7% of total enrollment. International students also comprise a significant proportion of students (approximately 10%) at flagship state universities.

The Takeaway

International student enrollments in U.S. universities have steadily increased over the last two decades.

Pre-pandemic, students from China were the largest group of international students. Now, India is the most common source.

International students are increasingly crowding out American students in some top universities.

What are the legal ways to immigrate?

Individuals seeking to live in the United States can become Lawful Permanent Residents (LPRs) through the following channels:

• Family reunification (66% of LPRs)
• Employment-based sponsorship
• Refugee or asylum status
• Diversity lottery visas
• Special categories such as Temporary Protected Status (TPS) or humanitarian parole

Some individuals enter on temporary visas to be students or seasonal workers, but these approaches do not offer a path to permanent residency.

Where are immigrants coming from?

The largest number of immigrants coming to the U.S. was originally from Mexico. Though this brief is primarily interested in authorized immigration, the population from the data in the following chart includes naturalized citizens, LPRs, legal nonimmigrants (people on student or work visas), those admitted under refugee or asylee status, and persons illegally residing in the United States.

What does the OBBBA change?

The OBBBA imposes a wide range of new and increased fees on legal immigrants. These provisions shift more of the cost of legal immigration onto applicants, with many fees indexed to rise with inflation.

• Mandatory $100 minimum asylum application fee
• $550 fee for initial Employment Authorization Documents for asylum seekers
• $1,000 minimum fee for individuals granted parole
• $250 fee for Special Immigrant Juvenile status
• TPS application fee raised from $50 to $500
• $250 Visa Integrity Fee for nonimmigrant visa applicants (reimbursable upon legal completion of visa stay)
• $24 fee for Form I-94
• New $100–$275 recurring annual fees for asylum applicants, parolees, and TPS recipients to maintain or renew work authorization
• Electronic System for Travel Authorization application cost raised to a $23 minimum
• New $30 Electronic Visa Update System enrollment fee
• New $5,000 penalties for noncitizens apprehended after failure to appear or between ports of entry
• Makes asylum fees mandatory instead of discretionary

The OBBBA also tightens eligibility rules for federal benefit programs, including the Supplemental Nutrition Assistance Program (SNAP), Medicaid, Medicare, and Affordable Care Act (ACA) tax credits. These restrictions apply even to some lawfully present noncitizens, such as Deferred Action for Childhood Arrivals (DACA) recipients and LPRs.

• SNAP is prohibited for undocumented, temporary visa holders, and asylum seekers
• Medicaid eligibility narrowed; states must cover 100% of the cost for undocumented and temporary visa holders
• Medicare is limited to citizens, LPRs, and certain lawful categories
• ACA premium subsidies are excluded for TPS, DACA, asylum seekers, and others

The Takeaway

While the OBBBA does not change who is eligible to immigrate to the United States, it does increase the costs for those using legal pathways.

For asylum seekers, parolees, and TPS recipients, OBBBA introduces recurring fees.

Additionally, OBBBA restricts the access of legal immigrants to federal benefit programs, including SNAP, Medicaid, Medicare, and ACA tax credits. This limited access also applies to some immigrants who are lawfully present and were previously eligible for these programs.

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What are refugee and asylum protections, and how are they different?

A refugee is someone who is outside their country of origin and is unable or unwilling to return due to persecution or a well-founded fear of persecution based on race, religion, nationality, membership in a particular social group, or political opinion. Refugees are not in the U.S. at the time they request refugee status. They apply for refugee status at the U.S. embassy or consulate in the country where they are staying.

In contrast, an asylum seeker is someone who has arrived at a U.S. port of entry or is already present in the United States and requests protection under the same criteria. If their claim is approved, they are granted asylum and may eventually apply for lawful permanent residence.

How many refugees and asylum seekers does the U.S. admit today?

Each year, the President sets a ceiling for the number of refugees to be admitted. Actual admissions depend on the number of cases decided in any given year. In 2024, the ceiling was 125,000, but just over 100,000 individuals were admitted. Currently, no refugee applications are being processed due to an executive order issued in January 2025 by the current administration.

Asylum claims are not capped and far outnumber applications for refugee status. As of mid-2024, over 1.5 million asylum applications were pending in the system. Before 2025, critics argued that existing procedures strained processing resources and allowed many individuals with weak claims to remain in the U.S. for extended periods while awaiting court hearings. Currently, relatively few new asylum claims are being filed due to new policies established by the current administration in January 2025.

Where do U.S. refugees and asylum seekers come from?

In 2024, the largest number of refugees admitted to the U.S. came from:

• Africa: 34,017 (mostly Democratic Republic of the Congo)
• Near East/South Asia: 29,939 (mostly Afghanistan and Syria)
• Latin America/Caribbean: 25,358 (mostly Venezuela)
• East Asia: 7,504
• Europe/Central Asia: 3,299

See our migration brief for details on the countries of origin for asylum seekers.

The Takeaway

The U.S. has both legal obligations and policy discretion in how it handles refugee and asylum protection.

The number of refugees admitted annually is generally much smaller than the number of individuals claiming asylum.

For refugee admissions, the ability to process applications limits the annual number of admissions.

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‍Ideology in Congress

Analysis by political scientists reveals that most Democratic elected officials tend to hold liberal positions on issues, while Republicans generally hold conservative positions. There is variation within each party. Some Democrats are more liberal than other Democrats, and some Republicans are more conservative than other Republicans. However, few candidates from either party run on moderate platforms or behave that way in office.

One way to show this finding is NOMINATE, a technique that estimates an elected official’s issue positions based on their voting behavior. The chart below shows the ideologies of Democratic and Republican members of the current (119th) House of Representatives.

The chart illustrates that Democrats are positioned on the left (liberal) side of the ideological spectrum, while Republicans are positioned on the right (conservative). There are very few legislators in the middle or moderate portion of the spectrum. (NOMINATE scores are relative measures, so the ends of the line are not the most liberal or conservative someone can be; they are just the most extreme members of the current Congress.)

The Median Voter Theorem

For political scientists, the absence of moderate legislators contradicts one of the most fundamental findings in voting theory, the Median Voter Theorem (MVT). The MVT states that in an election, candidates face strong pressures to select campaign platforms that match the demands of the median voter in their constituency. A 5-voter example is shown below.

Each voter’s position (ideal point) on the line describes the campaign platform they like the most. Voters choose the candidate whose platform is closest to their ideal point.

In this example, the candidate whose campaign platform is closest to the median voter (3) would likely always win regardless of where their opponent’s platform is located. Therefore, if both candidates want to win the election, they will both move their platforms closer to the median voter – in the extreme, they will both run on identical platforms that match the median voter’s ideal point.

The problem is, the MVT’s predictions do not match reality. Instead of a Congress dominated by moderates, virtually all legislators are liberal or conservative to some degree. Something else is driving members to ideological extremes.

Why are there so few moderate members of Congress?

The lack of moderates in Congress is due to several factors, but the most significant reason is the way candidates for office are selected. Both parties choose their congressional nominees through primary elections, contests held six to twelve months before the general election in November. Only citizens who are registered as party members are eligible to vote in primaries – they register for a party at the same time they register to vote.

In modern American politics, the Democratic and Republican party coalitions (the set of people who are registered with each party) are very different. Democratic party members are generally liberal or moderate, and Republicans are generally moderate or conservative. However, the median Democratic Party member is a liberal, and the median Republican Party member is a conservative.

Primary elections have a strong impact on candidates’ issue calculations. Even if candidates for office want to be moderates, they are often forced to take more extreme positions to win primary elections, which they need to do to secure a spot on the general election ballot. The result is elections where most candidates run on relatively extreme platforms, and a Congress where there are only a few moderates.

The primary system was created to give citizens greater power to determine the choices they face in general elections – and to take this power away from party leaders. However, due to the composition of current party coalitions, this system creates strong incentives for legislators to move away from the political center.

The Takeaway

The best explanation for the scarcity of moderates in Congress is that members often adopt extreme issue positions to win primary elections.

The primary system is an example of how addressing one problem (giving citizens the power to determine general election nominees) can create other problems (fewer moderates in Congress)

Additional reforms, such as California’s “jungle primary,” where candidates from both parties compete in a single primary election, have not solved the problem created by primary elections.

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How many people live in the U.S. without authorization?

Before the COVID-19 pandemic, estimates of unauthorized immigrants in the U.S. hovered around 11 million. By 2023, the number grew to 13.7 million. Today, estimates range from 11 to 18 million, reflecting uncertainty due to policy changes, border activity, and limited data.

The chart below shows an alternate measure that uses Census data to show the percentage of the U.S. population (including citizens, authorized immigrants, and undocumented individuals) that is foreign-born.

In 1970, foreign-born individuals made up just 4.7% of the U.S. population. By 2025, that number has risen to 15.8%, the highest share since 1910.

The figure below shows the ten states with the highest shares of unauthorized immigrants. California is home to about a quarter of the nation’s total, with roughly 2.7 million people. Texas, Florida, New York, and New Jersey round out the top five.

While major cities in the top-10 states like Los Angeles and New York have large unauthorized populations, some urban and suburban areas in the remaining 40 states also have substantial undocumented populations. The figure below shows the counties (along with the associated city) with the highest undocumented populations in the 40 states omitted from the chart above.

Why are people unauthorized?

A large number of undocumented immigrants are not people who crossed the border illegally. An estimated 43% entered the U.S. legally and overstayed a visa. Others are awaiting asylum decisions or other legal determinations. The generally slow immigration adjudication process in the U.S. means many individuals remain unauthorized in the face of pending asylum claims.

The Takeaway

The unauthorized population in the U.S. has increased since the COVID pandemic.  

Unauthorized immigrants are not confined to border regions or blue states.

The undocumented live across the U.S., including in some rural and suburban communities, and arrive through a variety of legal and illegal pathways.

How many people are in the U.S. without authorization?

Before the COVID-19 pandemic, estimates of unauthorized immigrants in the U.S. hovered slightly above 11 million. By 2023, that figure grew to approximately 13.7 million. Today, estimates range from 11 million to 18 million. The figure below uses data from the Migration Policy Institute to show the 10 states with the largest share of unauthorized immigrants. California has the highest share, about a quarter of the nation’s total, and the highest number of unauthorized immigrants, roughly 2.7 million.

What Border Security Measures Does the Bill Fund?

The OBBBA allocates more than $70 billion in border security initiatives. The measures cover physical security and upgrades, surveillance technology, and personnel expansion. The provisions include:

• $46.5 billion to complete a physical border wall, filling all remaining gaps from the Pacific Ocean to the Gulf of Mexico.
• $5 billion for U.S. Customs and Border Protection (CBP) facility upgrades.
• $4.1 billion to hire 3000 new Border Patrol agents, 5000 Office of Field Operations officers, and additional support personnel.
• $2.7 billion for new surveillance technology.
• $2 billion for annual bonuses and signing incentives to recruit and retain CBP personnel amid staffing shortages.
• $450 million for Operation Stonegarden, which supports joint operations between CBP and state/local agencies.

In addition to the infrastructure and staffing expenditures, the legislation includes provisions to carry out large-scale deportations and eliminate the policy commonly known as “catch and release,” where people who claim asylum are allowed to live in the United States while their asylum claims are adjudicated. Specific funding includes:

• $45 billion for increased detention capacity so that individuals remain in custody instead of being released.
• $14 billion to fund transportation and detention of deportable individuals.
• $8 billion for the Expansion of ICE’s authority and staffing, including the hiring of 10,000 new ICE officers

The bill also includes a provision to reimburse states like Texas for past expenditures on border security.

What would these changes mean on the ground?

Supporters argue these changes will discourage illegal entry and reverse what they see as permissive policies of the previous administration. Aside from OBBBA, some border security elements are already being implemented through executive action. Since President Trump’s return to office, the Department of Homeland Security (DHS) has resumed border wall construction using previously-appropriated funds and accelerated the building process by granting environmental waivers.

At the same time, recent administrative changes appear to have reduced border encounters. The figure below shows Customs and Border Protection data on the number of encounters with individuals between ports of entry for Fiscal Years 2024 and 2025 (Fiscal Years begin on October 1st and end on September 30). The chart shows a decline for 2025 compared to 2024.

The Takeaway

The OBBBA adds substantial funding for immigration enforcement, including new personnel, barriers, technology, and deportation infrastructure.

These provisions reflect a new approach to border management.

Even before these policy changes take effect, encounter data show a decline in border entries.

What are political parties?

Political parties are voluntary associations of voters, candidates, and activists who share ideological and policy goals. The goal of a political party is to elect their candidates to office and enact policies that reflect the views of their supporters.

Most Americans identify as members of one of the two major political parties: the Democrats and the Republicans. In recent presidential and congressional elections, over 90% of Americans voted for candidates from the party with which they identify.

Depending on how the question is asked, up to a third of Americans report being independents with no party affiliation. However, research has shown that most independents are so-called stealth partisans—people who consistently vote for one Party’s candidates, but view being independent as a more thoughtful and knowledgeable choice.  

Why does the U.S. have only two major political parties?

Over the last generation, virtually all candidates elected to the presidency, Congress, state legislatures, and governorships have run as either Democratic or Republican nominees. Nationwide, there are over 400 other political parties, including the Libertarians, Democratic Socialists, Greens, and Constitutional parties. These organizations compete in only a few contests and rarely are successful in getting candidates they support elected into office.

Throughout American history, many voters have held negative views of the major parties. According to a 2023 Pew Research Center Poll, 37% of Americans support the idea of introducing a new third party. In July 2025, Elon Musk announced he was creating a new party called The American Party. What are the chances that this Party can successfully elect candidates to office?

The political science-based answer is a result known as Duverger’s Law: countries that elect candidates with single-member districts and plurality voting generally have only two major political parties. The United States is one such country. Others include Australia, Canada, and the United Kingdom. In all of these countries, third parties sometimes form and win some elections, but generally disappear from politics within a few years. If the third parties are able to survive, it is usually by replacing one of the major parties.  

Two factors drive Duverger’s Law. The first is the mechanical effect. With single-member districts and plurality voting, losing parties don’t receive any legislative seats, so receiving 10% of the vote is equivalent to receiving 0%. As a result, candidates have strong incentives to compete for major-party nominations, as these nominees are much more likely to win enough votes to get elected. The second factor is the psychological effect: because third-party candidates are unlikely to win, citizens are often reluctant to vote for them.  

Many other countries, especially in Europe, elect legislators using proportional representation (PR), where citizens vote for parties rather than candidates. Under PR, if Party A receives 50% of the total vote, it is allocated 50% of legislative seats. If Party B receives 10% of the vote, it will be entitled to 10% of the legislative seats. In PR systems, small parties often survive because they can form alliances with larger parties in the legislature to control the government and enact their preferred policies.

Would it make a difference in the U.S.A. if there were more political parties?

While there are many political parties in America, most Americans choose to identify with one of the two major parties and vote for that party’s candidates. Of course, most of the time, Americans must choose between a Republican and a Democrat. What if a third party ran well-funded, experienced candidates across the nation? Such a party would need to collect signatures to secure ballot access nationwide, something that the major parties typically earn automatically. How many voters might switch to this new party?  

One recent analysis by political scientist Elliot Morris quantified this number by counting the number of Americans who are (a) registered to vote, (b) not strongly tied to one of the major parties, and (c) not strong supporters of President Trump. His calculations indicated less than 20% of Americans were potential members of a third party.

The number became even smaller when Morris added assumptions about a new party’s platform (for example, a party that supports measures to reduce the budget deficit). Morris concluded that the potential number of party switchers was less than 5% of the population, which is likely insufficient for a new party to be successful

The Takeaway

Duverger’s Law tells us that U.S. is unlikely to have more than two major political parties, unless it changes the way it elects candidates to political offices.

While many Americans say they want a new political party, an analysis of survey data suggests that relatively few would support a new party’s candidates.  

What is SNAP?

SNAP is a program funded by the federal government and administered by state governments that provides financial assistance to low-income families for food purchases. The amount of SNAP benefits varies depending on state residency, family size, total assets, and net income (income after deductions for housing costs, child care, and other expenses). In a SNAP family that qualifies for full benefits, the family receives approximately $180 per person per month on a debit card that can be used to purchase a wide range of groceries.

The total cost of the SNAP program in the 2024 Fiscal Year (ending September 30, 2024) was about $112 billion.

SNAP Policy Changes

Below is a breakdown of the changes to SNAP, along with the Congressional Budget Office’s (CBO) projected impact on federal spending (in $millions) between 2025 and 2034.

How will these changes affect SNAP?

The CBO estimates that the SNAP provisions will reduce federal spending by approximately $300 billion over the next decade, or about 10-15% of the total cost of SNAP over the same period. The CBO also estimates that the changes will reduce SNAP enrollment by approximately five million people per month. Currently, about 40 million people are enrolled in SNAP.

The Takeaway

Examining a narrow slice of the 2025 Reconciliation Bill reveals the detailed policy changes included in the Act.  

The changes to the SNAP program are expected to reduce federal spending by over $300 billion over the next decade and decrease SNAP enrollment by approximately five million people per month.

The facts on the ground

Facts have the potential to transform our understanding of an issue. Media coverage that prioritizes facts over sensationalized news often reveals information that strengthens public discourse.

Everything Policy’s brief on abortion access is an example of this type of coverage. After the Supreme Court’s Dobbs decision returned abortion regulation to the states, the public debate has centered on how some states are narrowing the circumstances under which women can legally obtain the procedure.

However, the capacity of any state to narrow a woman’s choice has been complicated by the recent development of “Plan C”–– a generally safe and legal two-pill, at-home process to terminate pregnancy in the first trimester. At present, over two-thirds of abortions nationwide use Plan C, including a rapidly-increasing number of women who are prescribed Plan C using telemedicine, even in states that have banned abortion entirely.

Many providers of Plan C are located outside the U.S., so they are not subject to federal or state control. Thus, debates over state-level regulations miss an essential point: these restrictions may well become irrelevant in the near future.

Tradeoffs

Prioritizing facts can also inform us about the trade-offs inherent in some issues. We detailed one of these tradeoffs in Everything Policy’s brief on Medicaid, the federal-state program that provides healthcare to low-income and disabled Americans. The 2025 Budget Reconciliation Act mandated that able-bodied adults on Medicaid meet work requirements (including education or job training).

Out of the nearly 80 million Americans who receive Medicaid, approximately 3 million able-bodied individuals will have to meet the new requirements or risk having their Medicaid coverage dropped. Further burden could be placed on disabled or low-income Americans because the new regulations also require all recipients to certify every six months that they meet the requirements or are exempt. Medicaid recipients may lack internet access, transportation to Medicaid offices, or the wherewithal to complete the necessary forms biannually.  

Everything Policy’s goal is not to advocate for Medicaid work requirements––nor is it the goal to oppose them. Rather, our analysis highlights an unavoidable policy tradeoff between two competing goals: providing benefits to all who qualify, and motivating able-bodied individuals to enter the workforce. In an ideal world, the government could support both goals simultaneously; however, under current circumstances, the choice appears to be between two conflicting goals.  

Uncertainty

Everything Policy’s work highlights the pervasive uncertainty that exists in many policy areas. Public policies are often developed without a comprehensive understanding of the relevant opportunities and constraints, including requirements, costs, and how people will be directly impacted or respond to new initiatives.

Consider the adoption of electric vehicles (EVs). This transition raises important questions of cost, reliability, and safety. Our work focused on a basic requirement: the need for a nationwide network of charging stations, ensuring that charging is always available regardless of where people live or travel.

Everything Policy’s analysis revealed three things about the current state of EV charging in America. First, while there is a federal grant program to build charging stations, the number of stations planned under this initiative falls far short of what a full national network would likely require.

Second, calculations about a national charging network assume that most people will charge their EVs at home, using charging stations only on long road trips. These calculations overlook the fact that most urban residents lack access to a secure parking space or garage. Where will these residents charge their EVs? There is also little information on how demand for electricity will increase given higher use of EVs.

Third, our research indicates that most charging stations are currently being built in densely populated areas. However, for a national charging network to be effective, stations must be built in low-population, rural areas––places where a charging station will receive relatively low usage. Even if the federal government funds enough EV charging stations to satisfy aggressive goals, these facilities might not be built in the right places.

Everything Policy’s work did not address whether state laws mandating EV purchase are a good idea or a bad one––that is for our readers to decide. The central insight was that the mandates assume the sudden creation of a vast charging network will emerge in time to support pervasive use of EVs. Currently, there is no indication that such a network is being established.

Going Forward

From the beginning, Everything Policy has presented the facts around hot-button issues under public debate and let our readers use those facts to develop their own political beliefs and opinions. To produce fact-based content, Everything Policy has built a first-rate team of researchers, educators, interns, and other professionals, who work steadily to improve our analyses, expand our audience, and develop new ways to present our findings. We are grateful to you, our audience, for your attention and your feedback, as we strive to earn your trust and inform you about pressing policy issues by putting facts first.

How many abortions occur in America?

Data on the number of abortions performed annually is collected by the federal Centers for Disease Control and the private research and policy organization Guttmacher Institute from hospitals, doctors, and medical providers––including telemedicine. Everything Policy used data from the Guttmacher Institute. Although Guttmacher is generally considered to be a left-leaning organization, specifically advocating for abortion rights and reproductive health, the organization strives for nonpartisanship in its research, and its data is available for a more extended period.

The two figures below show the trend in the number of abortions over time, both raw numbers and the rate of abortions per 1000 birth-age (15-45) women.

The first chart shows that the annual number of abortions has declined from about 1.6 million in the 1980s to about a million in recent years. The second chart, which controls for population changes, shows that the abortion rate (number of abortions per 1000 birth-age women) has dropped in half, from 30 in the 1980s to less than 15 in recent years.

In general, the data show that abortions have become less common over time. During this same time, the birth rate has remained relatively stable.

In general, this data reflects that abortions have become less common over time. During this same time, the birth rate has remained relatively stable.

At what point of pregnancy are these abortions occurring?

The Centers for Disease Control collects data on abortion timing––the point during a pregnancy when the procedure is performed. The chart below shows 2020 data (the most recent available).

The chart shows that the vast majority of abortions are performed early in pregnancy—over 40 percent before six weeks and 80 percent before nine weeks. Very few—less than a percent—occur after 20 weeks of gestation. While there is no systematic data available, anecdotal evidence indicates that most abortions performed beyond 20 weeks are because of fetal abnormalities or maternal health issues, although some cases are due to individuals facing difficulties like personal decisions, costs of procedures, or clinic access.

How are available methods changing the way abortions are performed?

More and more abortions are being performed using medication called “Plan C.” For reference, the morning-after pill is typically referred to as “Plan B.” Plan C, also commonly referred to as the “abortion pill,” is two different medications taken several days apart, mifepristone and misoprostol, which ends early pregnancies 95-99% of the time. Generally, it is used up to 70 days, or ten weeks, after the first day of a menstrual period is missed.

The Guttmacher Institute estimates that approximately 63% of abortions tracked through the U.S. healthcare system in 2023 were medication abortions. Some states require that one or both pills be taken in a medical facility, but many states allow the pills to be dispensed by mail after a telemedicine appointment. A recent study by the Society of Family Planning found that as of mid-2024, the rate of telemedicine abortions has increased to nearly 20 percent of all abortions.

The Takeaway

Although the data does not address the moral and ethical aspects of legalized abortion, it does show that overall abortion rates have been declining for the past generation, with a small increase in the early 2020s, but an apparent leveling-off from 2023 to 2024.

Given that approximately 90% of all abortions are performed during the first trimester (weeks 1-14), state laws that restrict abortions during the second trimester (weeks 15-28) will likely have a relatively small impact on overall abortion rates.

The fact that women can obtain Plan C medication by mail without medical supervision has the potential to sidestep state-level limits on access to abortion. Many providers of these medications are outside the U.S., so they are not subject to federal or state regulation or prosecution. At present, only some abortions are self-managed, but this percentage will likely increase due to greater access to medications by mail. The data also suggests that domestic telemedicine abortion providers are sending Plan C medication to residents of states with limited abortion access.

What is inflation?

Inflation occurs when the price of goods and services increases over time. As inflation rises, the same amount of money buys fewer goods and services. For example, suppose gasoline costs $3.00 per gallon in January. At this price, it costs $36.00 to fill a 12-gallon gas tank. If inflation causes gas prices to increase by 10% by December, gasoline now costs $3.30 a gallon, and the same $36.00 will buy only 11 gallons. In effect, $1.00 in December is worth less than $1.00 last January.

The national inflation rate is determined by checking the prices of a fixed set of goods and services over time. The figure below shows the annual inflation rate from 1940 through 2024. Over this time, the typical inflation rate has been about 2%, although there have been periods of much higher inflation. After the COVID-19 pandemic, inflation increased to an annual rate of 4.7% in 2021 and 8% in 2022, but decreased to 2.9% in 2024. The highest inflation rate since World War II occurred in the 1970s, when increased oil prices led to overall inflation rates exceeding 14%.

What causes inflation?

Inflation occurs because of two economic factors: supply and demand.

When the supply of a good or service decreases because of a shortage, the price of that good or service increases as the same number of people wanting to buy it are competing for less supply. An example of this can be seen in the egg price inflation of 2024, which was largely caused by bird flu killing a significant number of egg-laying hens.

Similarly, when demand for a good or service increases, more people compete to buy the same amount of the good or service, leading to a price increase. An example of this is in the housing market: When new people move to an area, but the pace of new home construction doesn’t keep up, it will result in more people competing for the same amount of housing inventory, and prices go up.

Why does inflation matter?

Purchasing power is the amount of goods and services that can be bought with a fixed amount of money. As inflation increases, purchasing power decreases. Inflation also affects the interest rates people pay for mortgages, car loans, and other consumer credit. High inflation also creates uncertainty, making it harder for businesses to plan expansions, and causes individual consumers to be more cautious about large purchases such as a home or a car. Both of these effects of high inflation can lower economic growth.

Low rates of inflation are not necessarily a bad thing. Most economists consider inflation rates of 2-3% to be healthy. However, negative inflation rates are thought to discourage business investment and consumer spending, leading to lower rates of economic growth.

Can inflation be controlled?

Inflation is not easily controlled, but governments can take some steps to stabilize it.

In the federal government, the primary responsibility for controlling inflation falls to the Federal Reserve Bank (abbreviated FRB, usually referred to as The Fed), which sets the interest rate at which banks borrow money from each other or the Fed. Banks then adjust their interest rates for loaning money to individuals and businesses based on this rate. When interest rates go up, it is more expensive to borrow money, so the demand for goods and services goes down (inflation decreases). When interest rates go down, it is cheaper to borrow money, so the demand for goods and services goes up (inflation increases).

The problem the Fed faces is that raising interest rates to lower inflation can also lower economic growth and even cause a recession. By law, Federal policy must balance the goals of keeping inflation low and promoting economic growth. It is hard to achieve both goals simultaneously. For example, the Fed raised interest rates in 2022 and 2023 to control inflation, accepting the risk that rate increases would slow economic growth.

Changes in federal spending enacted by Congress also affect the inflation rate. By increasing spending, Congress can cause demand-induced inflation. In the same way, reducing (or limiting increases) in spending can reduce inflation. High levels of government borrowing (to fund a budget deficit) can also cause inflation.

Locally, governments can impact inflation by enacting policies that affect the supply of certain goods, such as housing. Restrictive zoning requirements, for example, can result in a lower housing inventory than locally demanded, leading to an increase in housing prices. Similarly, recent green energy policies passed by states led to an increase in demand for the supplies needed to build wind power turbines, which increased the price of those supplies and made projects significantly more expensive.

The Takeaway

Inflation peaked in the early 2020s, but as of July 2025 has mostly returned to prior levels.

Inflation is caused by increases in demand or decreases in supply. During a crisis like the COVID-19 pandemic, inflation can become higher as markets adjust to changing economic conditions.

Governments often play a role in both creating inflation and decreasing inflation, but so do free market forces like supply and demand.

How does the DOE Influence local schools?

Most of the DOE’s authority comes from its power to allocate funding to states and local education agencies (LEAs). The Elementary and Secondary Education Act of 1965 (ESEA), as most recently amended by the Every Student Succeeds Act of 2015 (ESSA), authorizes a range of federal programs that deliver support to schools.

The first title of ESSA, Title I, is the shorthand used to describe a group of federal grants distributed by the DOE. Some of these programs are established by the ESSA, while others are established by other legislation. In nearly every case, these funds flow to states and LEAs with some conditions attached. For example, Title I funds cannot be used to support fine arts or athletic programs. DOE was given the authority to develop and impose these restrictions in the ESEA and subsequent bills like ESSA.

The major funding streams that can go directly to schools are:

Title I and Title II of ESSA. Title I grants support students and schools in high-poverty areas. Title I grants serve around 25 million students by providing supplemental funding to schools in communities with concentrated poverty. Districts can use these funds flexibly on afterschool programs, schoolwide reforms, or targeted instruction, but must align efforts with state academic standards and use evidence-based interventions. Smaller grant programs like the Preschool Incentive Demonstration Program fund preschools in Title I districts. Grants for 21st Century Community Learning Centers fund before-school, after-school, and summer programs that are intended to increase academic achievement and family engagement in Title I schools. Another provision of ESSA, Title II, provides funds to recruit, train, and retain teachers and principals, reduce class sizes, and promote educator diversity.

Special Education Grants under IDEA. The Individuals with Disabilities Education Act (IDEA) of 1975 entitles eligible students to a “free and appropriate public education.” IDEA funds are used to hire personnel, offer early intervention services, and conduct student evaluations.

English Language Acquisition Grants. These grants help states and districts establish classes for English learners, especially in areas with high immigration rates. Funds support language instruction, professional development, and integration with broader academic programs.

• Targeted Support for Underserved Student Populations. A number of DOE programs provide funding to districts serving students whose needs are shaped by federal jurisdiction or life circumstances beyond their control. ‍
• Impact Aid reimburses school districts for lost local revenue when federal facilities such as military bases reduce property tax collections that support public schools. ‍
• Indian Education Grants supplement state and local efforts to support Native students, addressing both academic and cultural needs through targeted programming. ‍
• Neglected and Delinquent Youth Program funds education services for students in state-run institutions, community day programs, and correctional facilities, aiming to keep at-risk youth on a path to high school graduation.

Does DOE issue mandates?

As these descriptions indicate, federal education funding comes with the understanding that certain conditions will be met at the local level––requirements that recipient schools must satisfy to receive funds. For example, to receive English Language Acquisition Grants, states must receive DOE approval of their plans for new classes and professional education. These restrictions were established by DOE through the rulemaking process as directed by legislation enacted by Congress––for details on rulemaking, read our brief on Bureaucratic Authority.

While DOE cannot demand that schools follow certain rules about curriculum or hiring, it can make these rules part of the requirements for receiving federal education grants. In this way, DOE can influence local education decisions without making any formal mandates. Schools are free to ignore the DOE conditions, but only if they are willing to refuse the funding as well.

However, abolishing DOE would not necessarily eliminate these conditions on education grant funding – it would depend on what the new agency supervising the grants decided to do. In one scenario, DOE funds could be repackaged as block grants and given directly to states without any restrictions. But it is also possible that the new agency would impose the same or similar restrictions on grant funds or create new ones.

The Takeaway

DOE does not formally manage local schools, but it does influence decisions about hiring, curriculum, and other policies through conditions on grant funding.

DOE created these conditions through the rulemaking process, as authorized by Congress.  

If the DOE disappeared, the federal or state agencies that inherited the programs and funding could establish their own requirements for grant recipients.

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What is an information silo?

Information silos have been common since the earliest days of the United States. Many newspapers still retain partisan identification in their names, such as the Democrat & Chronicle (Rochester, NY) or The Republican (Springfield, MA), relics of a bygone era when newspapers explicitly aligned themselves with political parties.

In the 20th Century, most news sources attempted to move away from overt partisan or ideological slants, even if some had an identifiable lean in their coverage. Today, for example, audience data flags Fox News and the Washington Examiner as conservative outlets, and MSNBC and National Public Radio as liberal outlets, even though none of those sources explicitly identify themselves with a partisan or ideological label.

Why are Information silos a problem?

Someone in an information silo would see a narrow range of perspectives on how to address policy problems and a narrow definition of which issues are problems in the first place. Even if conservative and liberal media cover the same story, the coverage may differ in terms of what is emphasized and the solutions proposed. Thus, information silos make it more difficult for individuals to understand the perspectives of political opponents, identify possible solutions and compromises, or be exposed to new information that would allow them to refine their beliefs.

Furthermore, when a partisan is exposed to only one viewpoint or limited information, it is more likely that opinions become seen as facts. Similarly, an issue that is overemphasized by one ideological side is likely to become the most important issue to that partisan, regardless of whether that issue is actually a significant aspect of the policy being discussed.

How many people are in information silos?

The Pew Research Service published a study on media consumption by party identification in 2020. The survey asked respondents about their partisanship, which media sources they trusted, and which sources they used.

This data is limited because it relies on a respondent’s report of which media sources they use. We don’t know how people read or watch from each source, or whether they are being fully transparent in their responses. Even so, this data provides some insight into the prevalence of media silos.

Based on this data, Everything Policy’s analysts divided respondents into four categories:

• Only Partisan Sources: a respondent who only consumes partisan media (sources trusted by a majority of their co-partisans), such as a Democrat who only watches MSNBC. These individuals fit the definition of an information silo.
• Combination of Sources: a respondent who consumes partisan and nonpartisan sources (a Republican who watches FOX News but also reads The Wall Street Journal).
• No Partisan Sources: a respondent who does not consume any partisan sources
• None: a respondent who does not consume any of the 60 sources in the Pew Survey.

The results are shown in the figure below.

Surprisingly, only about 20 percent of Republicans and Democrats and less than 15 percent of Independents report being in an information silo. Moreover, regardless of partisan affiliation, a majority of Americans report consuming a combination of media sources, including both partisan and nonpartisan ones.

A New Question

One of the most well-known ideas in political science is the Median Voter Theorem (MVT). The MVT shows that politicians should seek the middle ground (or median voter) to get elected. According to the MVT, then, moderates should be driving political debate and policy discourse.

However, existing evidence shows that extreme partisans (those who are siloed) are instead leading American political debate and policy discourse on both the left and the right. For example, Congress today is highly polarized, which hinders the ability to make meaningful policy decisions and potentially compromise on important issues. Analysis by political scientists shows that politicians who behave in this way are responding to relatively extreme constituents over more moderate groups. In this way, the existence of information silos at the voter level shapes political discourse and policy outcomes in Washington.

The Takeaway

Living in an information silo can lead to self-reinforcing beliefs about how policy problems should be approached and about what constitutes a problem in the first place.

Survey data indicate that while the extreme partisans in both parties appear to be siloed, about half of Americans report consulting a wide range of media sources.

Nonetheless, the extreme partisans appear to be dominating political debates and driving policy discussions. In a future brief, Everything Policy analysts will explore this topic further, including why the Median Voter Theorem does not appear to hold in today’s political climate.

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If DOE and All Its Work Disappeared

Because the DOE is a congressionally created department acting out statutorily mandated policies, it cannot be eliminated by executive order. But if DOE were to be entirely dissolved, the financial effects could be significant. To get a top-level view of DOE operations related to use of funds, the chart below highlights the five largest line items in the Department’s 2024 budget.

If the DOE was eliminated and other federally available funding was not established, federal student loans and grants would likely no longer be accessible. About 8.7 million college students receive funds from programs like Pell Grants, TEACH Grants, Direct Loans, and Federal Work-Study. Title I grants supporting 26 million students in low-income K-12 schools would need funds from another source, as would special education funding under the Individuals with Disabilities Education Act (IDEA). Vocational rehabilitation grants for individuals with disabilities could be at risk. Smaller programs like GEAR UP (college preparation for low-income students), the National Technical Institute for the Deaf, and services for neglected youth would end without replacement funding.

But Without Congress’ Support, What Can Really Happen to Funding?

Most major DOE programs — including Pell Grants, student loans, Title I, and IDEA — are authorized by federal law, not simply created by DOE. Eliminating the agency would not automatically eliminate these programs. Instead, their administration would likely transfer to other departments, like Treasury or Health and Human Services. If the funding currently allocated by the DOE to individual states were to be repurposed into open-ended grants to states and local school districts, then much of the financial impact of shutting down the DOE would be muted. However, there are no formal proposals to implement these changes.  

The executive order directed DOE to take steps to dismantle itself “to the maximum extent appropriate and permitted by law.” But because DOE was created by an act of Congress, full elimination would require new legislation. Without Congressional cooperation, only administrative actions are possible. Such actions could still have major consequences. The Administration could weaken DOE’s functionality by cutting staff, slowing the enforcement of existing regulations, and underfunding student aid management.

It’s important to note that most education regulations are formulated at the state level. DOE enforces only a narrow set of federal rules, primarily tied to civil rights and funding conditions. Curriculum standards, teacher certification, and school operations remain under state and local control. A future brief will explore the non-financial implications and potential impact on test scores and related data highlighted in our brief regarding the quality of education in the U.S..

The Takeaway

If the Department of Education and its work disappeared overnight, the impacts would be significant for many college students and elementary and secondary students in Title I schools. However, these changes require the enactment of new legislation.

Without new acts of Congress, “eliminating” DOE will mostly mean bureaucratic reshuffling, potentially slowing, but not ending, major programs.

The broader implication is that federal agencies and established policies are often difficult to eliminate, requiring legislative action in addition to executive orders.  

It is difficult to know whether the full impact surrounding accessibility and quality of education in the U.S. would improve or worsen if the DOE was eliminated without further understanding if similar responsibilities, including funding, were administered at the state and local levels.

What are NAEP assessments?

Administered by the National Center for Education Statistics, NAEP is the largest nationally representative and ongoing assessment of primary and secondary schools. Since 1969, NAEP has measured student performance at grades 4, 8, and 12. The subjects covered have changed over time but include math, reading, science, civics, U.S. history, technology and engineering literacy, geography, the arts, economics, and writing.

Unlike state assessments, which vary by content and standard, NAEP assessments are based on nationally developed frameworks. This consistency allows for comparisons between states and over time. Students participate at regular intervals, but results are only reported in the aggregate, not for individual students or schools.

NAEP results are reported in two ways:

• Average Scale Scores: Numerical scores that reflect the overall performance of a group, with higher scores indicating greater mastery of the tested subject. These scales are specific to each subject.

• Achievement Levels: Students are categorized as performing at Basic (partial mastery), Proficient (solid academic performance), or Advanced (superior performance).

How Have Students' Scores Changed Over Time?

NAEP data from 1990 to 2024 (what is available online) provides a long-term view of national academic performance. While not every subject is tested each year or at all grade levels, math and reading are regularly assessed at grades 4 and 8.

Looking at average scores over the past 25 years, students made meaningful gains in math and reading from the 1990s through the early 2010s. Since about 2015, however, progress has stalled or reversed. This trend is visible in the figure below, where all four scores show downward movement from their respective peaks.

Post-COVID data continues to highlight this downward trend. From 2018 to 2022, math scores for both 4th and 8th graders dropped more than at any point in NAEP history. Only 26% of 8th graders and 35% of 4th graders reached proficiency in math in 2022. Reading outcomes were similarly weak: 33% of 4th graders and 31% of 8th graders scored at or above proficient. In civics, Grade 8 scores have shown little change in two decades and remain well below the Proficient benchmark.

How do U.S. test results compare to other countries?

One international comparison to these data are similar tests administered by the nations of the Organisation for Economic Co-operation and Development (OECD), a group of 35 other industrialized countries. Here, U.S. students are consistently above the average in reading and science, but trail behind in mathematics. In a second comparison, the 2022 Programme for International Student Assessment of 15-year-olds in 80 countries, U.S. scores were again near the average, well below countries such as Singapore, China, and South Korea.

These international comparisons are not airtight. The U.S. tests as many students as possible, while other countries may only test a subset of highly qualified students. In addition, tests may not be comparable across countries. Even so, the mid-range results for U.S. students raise questions about the need for educational reform.

The Takeaway

NAEP scores show that after decades of progress, American students are now experiencing a broad academic backslide, particularly in math and reading. International comparisons show that the U.S. is near the average across many nations.

It is important to note that most primary and secondary education funding and policy decisions (including curriculum) are made at the state and local level, with the federal Department of Education exercising minimal oversight.

Even so, these data indicate that recent federal initiatives are not improving overall educational achievement in the U.S. at the national or international level.

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Where the Bill Saves Money

According to the nonpartisan Congressional Budget Office (CBO), the largest projected savings come from changes in the Medicaid program, student loans, and the Supplemental Nutrition Assistance Program (SNAP).

The most substantial deficit reduction measure comes from a Medicaid policy change. All states would be required to impose work and community engagement requirements for adults without dependents who don’t have certain disabilities. Those who fail to meet the 80-hour monthly minimum would lose coverage. It is also likely that some eligible recipients will be dropped because they fail to meet new certification requirements. Depending on how states implement the new regulations, CBO estimates savings of up to $710 billion over ten years.

For student loans, the budget will limit income-driven repayment options and make other changes to payment levels. CBO projects that these changes will increase federal tax revenues by $294.6 billion over the next ten years.

Finally, beginning in 2028, states must cover 5% of SNAP benefit costs. Additionally, states with high payment error rates must pay a larger share of SNAP costs. The CBO estimates these changes will reduce the federal share of the program’s cost by $90 billion over ten years.

Where the Bill Spends

The reconciliation bill's major spending increases come from changes in tax policy. The reconciliation bill's largest tax code change is the extension of the 2017-era income tax cuts, which are currently scheduled to expire at the end of 2025. The extension is projected to reduce federal tax revenues by over $3.5 trillion over the next ten years.

It is important to understand that this provision extends an existing tax reduction rather than implementing a new tax cut. If congressional Republicans allowed the cuts to expire, they would be raising taxes on many Americans, which could stall economic growth. This outcome is due to the fact that the credits were originally enacted in 2017 as temporary changes, which reduced their impact on the national debt as calculated in official statistics such as CBO estimates. At the time, many observers expected the credits to be made permanent in 2025, which is what the House bill does.

Another significant change is the expansion of the Child Tax Credit (CTC). The bill raises the CTC to $2,500 per child from 2025 to 2028 and then reverts to a $2,000 credit (which will then be adjusted for inflation). The expanded credit is expected to reduce federal tax revenue by approximately $187.7 billion over ten years.

Next, the bill includes a new 100% depreciation allowance for qualified production property. The aim is to boost U.S. manufacturing by allowing businesses to immediately deduct the full cost of constructing or purchasing industrial facilities. Depending on how many businesses use the credit, and considering the new taxes these facilities generate, it could reduce federal tax revenue by hundreds of billions of dollars over the next ten years.

The bill also introduces a temporary tax break for overtime pay. From 2025 to 2028, workers can deduct overtime compensation from their taxable income. The CBO projects that this change will reduce federal tax revenue by $124 billion over ten years.

The Takeaway

The House-passed 2025 reconciliation bill proposes large changes to the federal budget and safety net programs.

It is difficult to be precise about how the reconciliation bill will affect future deficits and the national debt. Uncertainties include how economic growth, inflation, and interest rates will change over the next decade, trends in Medicaid and SNAP enrollment, and the number of businesses using the new tax credits.

CBO’s best estimate is that the current bill, if enacted, will add about $2.3 trillion to the national debt over ten years.

What Problem Is the SAVE Act Trying to Solve?

The SAVE Act amends the National Voter Registration Act of 1993 to “require proof of United States citizenship to register an individual to vote in elections for Federal office.” Currently, no state legislation allows non-citizens to vote in federal elections, and voters must attest to being U.S. citizens when registering; non-citizens who attempt to register face fines, prison, and deportation.

The issue with current registration requirements is that in most states, people must prove their identity, age, and residency, but can attest (under penalty of perjury) to their citizenship. Moreover, while people need to prove either citizenship or legal status (green card or valid visa) to get a Real ID driver’s license, at present, licenses in 45 states do not indicate whether someone is a citizen.

Instances of non-citizen voting in American elections are extremely rare. In 2016, when about 137 million votes were cast, about 30 confirmed cases occurred in a study of 42 jurisdictions, including 8 of the 10 most inhabited by non-citizens. There is no evidence that noncitizen voting has ever altered an election outcome.

Even so, the concern is that noncitizen voting might become more common in the future or be decisive in some regional contests. The SAVE Act aims to eliminate the possibility of noncitizens voting in current and future elections. In doing so, the SAVE Act makes voting comparable to other activities in everyday life (such as opening a bank account), where it is mandatory to establish identity using a small set of acceptable documents.

What Would the SAVE Act Do?

The SAVE Act would add more voter registration requirements. Under the bill:

• Real IDs (such as a driver's license) would no longer suffice for voter registration.
• Voters must provide citizen-verifying certified documents in person, such as a U.S. passport or birth certificate.
• Military and tribal IDs would not be sufficient unless accompanied by additional documents that confirm citizenship.
• Voter registration would have to be done in person, effectively ending online, mail-in, and voter registration drives.

The Act also allows (but does not mandate) states to establish procedures whereby individuals could establish citizenship by submitting other documents to local election officials. These officials could accept or reject the evidence, potentially allowing people to vote without a passport or birth certificate.

What Could the Impact Be?

The SAVE Act would create more barriers against noncitizen voting, well above current law.

However, only about half of Americans have a passport, and 70 million U.S. women have changed their names after marriage, creating potential mismatches between birth certificates and current IDs. Implementing the SAVE Act would require these individuals to obtain a passport or an updated birth certificate to vote. The Act would also make it somewhat harder for people to register to vote, as people who register by mail or at the DMV would instead have to go to their local Board of Elections.

Taken together, these issues suggest that the Act could reduce voter turnout, as some citizens may abstain rather than secure the necessary identification. In 2013, Kansas enacted a proof-of-citizenship requirement similar to the SAVE Act. It is reported to have blocked 12% of voter registration applications—more than 30,000 individuals. It is believed that over 99.9% of these registrants were U.S. citizens. Many were unaware their registration was incomplete until they arrived at the polls on Election Day.

The Take-Away

The SAVE Act highlights a long-running debate: balancing election security with accessibility.

In a world where individuals must establish their identification for many routine transactions, the relatively weak requirements for voter registration are an exception to the rule.

These requirements are consistent with the goal of maximizing voter turnout. However, they also weaken election security, potentially if not in practice.

The SAVE Act would make it all but impossible for noncitizens to vote. In doing so, it would also make it harder for a larger number of American citizens to vote. Deciding whether the Act is beneficial requires consideration of both of these effects.

What is Medicaid?

Medicaid is a joint federal-state health insurance program for children, low-income individuals and families, pregnant women, the blind, and other disabled persons. Though largely federally funded, it is run by individual states, so specific eligibility requirements vary. Most Medicaid costs are covered by the federal government.

What are the proposed work requirements?

The proposed House budget bill requires Medicaid recipients to meet certain community engagement requirements, which have been widely reported as “work requirements.” However, the bill defines five ways in which an individual can meet these requirements:

• work 80 hours per month
• perform 80 hours per month of community service
• attend a work-training program for 80 hours per month
• be enrolled as at least a half-time student
• any combination of 1-4 that totals 80 hours in a month

The Act also includes several exemptions to these requirements, some of which all states must adhere to (mandatory) and some of which states may allow (optional). Mandatory exemptions include: persons under the age of 19, pregnant women, blind persons, mentally or physically disabled persons, caretakers of disabled persons, persons with a substance-use disorder or mental disorder, and those released from incarceration in the past 3 months, among others.

Optional exemptions include hospitalized individuals, those living in a county under a disaster declaration, those living in a county with greater than 8% unemployment (or 1.5 times the national unemployment rate), or any other hardship identified by the Secretary of Health.  

What is the logic for work requirements?

The central rationale for adding work requirements to Medicaid is the belief that people who can work to support themselves should be required to do so, rather than receiving federal benefits for free. Providing free health care to otherwise able-bodied individuals reduces their incentive to find employment that either provides health care as a benefit or pays them enough to afford insurance on the open market. Finally, insofar as work requirements encourage some recipients to return to the workforce, the policy could reduce Medicaid enrollments and the program’s cost.

Creating these incentives has a potential secondary cost: all Medicaid recipients would have to complete paperwork every six months to certify that they meet work requirements or qualify for an exemption. The concern is that some otherwise-qualified recipients will lose benefits because of incomplete paperwork or processing errors.

How many Medicaid recipients would fall under the work requirements?

While there are over 75 million Medicaid recipients, about 28 million are able-bodied adults between 18 and 64 years old. (The rest are children, seniors, or disabled.) Of those 28 million recipients, data from the Department of Health and Human Services shows that almost two-thirds already satisfy the work requirements, and an additional 30 percent qualify for one of the mandatory exemptions. Thus, if the proposed requirements were implemented, it is projected that two million individuals would have to start working or otherwise meet the requirements to remain qualified for Medicaid.

In terms of budgetary impacts, the nonpartisan Congressional Budget Office  estimates that federal spending could be reduced by up to $710 billion over ten years. In addition, Medicaid enrollments would be reduced by up to five million people, of which about half would be uninsured.

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The Takeaway

Based on the current wording of the House budget proposal, Medicaid work requirements will impact about two million people out of over seventy-five million recipients.

Implementing the proposed work requirements could potentially save the federal government about $100 billion over ten years.  

Judgments about the desirability of implementing work requirements for Medicaid reflect an individual’s evaluation of two competing goals: creating work incentives and reducing federal spending versus providing benefits to a broader group of individuals who otherwise would qualify for Medicaid.  

What Are Executive Orders?

Presidents use executive orders to reorganize the federal bureaucracy, change how laws or regulations are interpreted and to make statements of national priorities among other reasons. The table below shows the average number of executive orders issued by Presidents since the 1970s.

How does the Administrative Procedure Act constrain Executive Orders?

Most executive orders deal with relatively small matters – for example, Presidents often issue an order allowing federal workers to go home early on the last working day before Christmas. However, some executive orders have had significant policy consequences. President Kennedy used an executive order to establish the Peace Corps, and President Obama created the DACA (Deferred Action for Childhood Arrivals) program that allowed undocumented adults brought to America as children to have legal status, including work authorization. Many of President Trump’s recent executive orders were similarly more substantive, including withdrawing the U.S. from the Paris Climate Accords, designating drug cartels as terrorist organizations, and abolishing the Department of Education.  

The general rule on executive orders is that they remain in effect until repealed by Congress or removed by a future President. However, Presidents cannot use executive orders to undo enacted laws. Full Implementation of President Trump’s Department of Education order will require Congress to repeal the law establishing the Department and repeal other laws that created programs within the Department, such as federal student loans.

In addition, the Administrative Procedures Act (APA) sets out requirements that must be followed for an executive order that changes an interpretation (a “rule”) of a federal statute. Rules are defined in the APA as "the whole or a part of an agency statement of general or particular applicability and future effect designed to implement, interpret, or prescribe law or policy.”

When a President seeks to change a rule, the government is required to follow the steps laid out in the APA: publish a notice of intent in the Federal Register, solicit public comments, respond to those comments, and then finalize and publish the new rule. A typical rulemaking process takes six months to several years, depending on the complexity of the proposal. At each step, groups that oppose the change can bring legal action to delay the process.

In response to President Trump’s recent executive orders, as of late April 2025, at least 202 lawsuits have been filed in federal courts challenging the legality of one or more orders. At least 118 (59.8%) lawsuits explicitly mention that the orders failed to follow the APA. The outcome of these cases remains uncertain. However, in several cases, judges have issued injunctions to halt the implementation of the orders while claims regarding the APA are assessed. These include President Trump’s orders on transgender passport identification, termination of federal workers, and cancellation of federal science grants.  

The Take Away

Presidents have the power to change government policies through executive orders. During his first months in office, President Trump implemented many significant policy changes through executive orders.

One important limitation of executive orders is that they must comply with the provisions of the Administrative Procedures Act. This requirement can lead to significant implementation delays.

Many court cases challenging President Trump’s executive orders cite noncompliance with the APA. If these cases survive judicial consideration, they will force the President to follow the APA procedures to implement his policy goals.

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What are Impoundments?

While the Constitution grants Congress the ‘power of the purse’ to determine spending levels by enacting an annual budget, current law gives the President a limited power to impound funds.

Until Richard Nixon impounded roughly $18 billion from various programs, there were few examples of impoundments. The Supreme Court ruled unanimously in 1975’s Train v. City of New York that Nixon had to release the funds. However, its decision did not consider the constitutionality of impoundment.

While the Court was hearing the case, Congress enacted the Impoundment Control Act of 1974 (ICA). The ICA gives the President limited authority to impound funds. The ICA also divides impoundments into two types of impoundments: deferrals and rescissions. Deferrals are temporary holds on funding – they may not extend beyond the end of the current fiscal year. A presidential deferral stays in effect unless the House and Senate pass a disapproval resolution. Rescission is a permanent funding cut, but the House and Senate must approve the action within 45 days. Otherwise, the rescission is reversed. The ICA requires the President to notify Congress with a special message containing an impoundment’s estimated fiscal, economic, and budgetary impacts.

President George H.W. Bush was the last president to successfully impound funds. He cut $7.9 billion in spending through 128 rescissions, which were successfully passed with bipartisan support. President Trump proposed several rescissions in his first term, but Congress did not approve his recommendations.

What about President Trump’s recent impoundments?

In his first three months in office, President Trump has cut spending across various federal agencies, from the National Science Foundation and the National Institutes of Health to the U.S. Agency for International Development and the Department of the Treasury. The total number of cuts is tens of billions of dollars. However, as of the publication of this brief, it is believed the President has not sent special messages to Congress detailing his rationale for impounding funds. Neither the House nor the Senate has voted to approve the impoundments.  

Ultimately, if the ICA’s procedures are not followed, members of Congress could bring a court case, culminating in a Supreme Court review of the ICA’s constitutionality, and the spending cuts could be reversed.

A ruling that strikes the ICA down will change the balance of power between Congress and the President. It will allow Presidents to treat the annual budget as a funding ceiling and reduce spending on activities that they disapprove of.

The Take-Away

Current law gives the President a limited power to impound funds. These rules have been in effect for over 50 years.

President Trump’s impoundments deviate from current law because his administration has not sent special messages to Congress detailing the reasons for his impoundment. The 45-day clock for congressional approval is also not being implemented.

The Supreme Court will ultimately decide on the constitutionality of the Impoundment Control Act and President Trump’s actions.

What is a Social Security number?

A Social Security number (SSN) is a 9-digit number unique to each individual who is issued one. In the United States, an SSN is necessary to start a job, open a bank account, or claim government benefits. All U.S. citizens are eligible to receive an SSN.

Some noncitizens can legally obtain an SSN. This group includes those employed in the U.S. or those enrolled in educational institutions, such as international students. Participants in the Deferred Action for Childhood Arrivals (DACA) program are also eligible. Noncitizen eligibility is strictly limited to individuals who are lawfully present in the United States and authorized to work.

‍Why did the number of noncitizens with Social Security numbers increase in recent years?

Due to three policies, the number of noncitizens with SSNs increased significantly since 2021. The first was humanitarian parole, which allows individuals to enter the U.S. for urgent humanitarian reasons. Once in the U.S., these individuals are eligible to apply for work permits, making them eligible for SSNs.

The second policy is Temporary Protected Status (TPS), which is granted to individuals from countries where conditions such as ongoing armed conflict, environmental disasters, or other extraordinary and temporary conditions are deemed to make it unsafe for them to return home. TPS recipients are not deportable and are eligible for work permits, thereby granting them access to SSNs.

The third policy is for asylum seekers, who are people seeking legal protection in the U.S. because they face persecution in their home country. Once granted asylum, they are allowed to work legally in the U.S. This ability to work legally comes with eligibility for a work permit, which in turn makes them eligible for an SSN.

One group that cannot obtain SSNs are individuals who entered the U.S. illegally. The only exception is if these individuals gain legal status, which is possible but rare.

Can noncitizens with a SSN receive Social Security benefits?  

They can. A person qualifies for Social Security benefits if they work in the U.S. for roughly ten years. This system ensures that benefits are extended to only those who have contributed consistently to the economy. The size of an individual’s benefit depends on their average salary during their three highest-income years. These rules apply to both citizens and noncitizens. It is an open question whether noncitizens will work long enough in the U.S. to gain eligibility for benefits.

Social Security Disability Insurance is available for people who have worked in the U.S. for 5-10 years and have a medical condition that meets the Social Security Administration's definition of disability.

The Takeaway

In the U.S., noncitizens can lawfully obtain SSNs, primarily for employment purposes, allowing the government to manage work and tax reporting.

Having an SSN does not equate to U.S. citizenship, and someone can receive Social Security benefits only if they have worked in the U.S. for over a decade.

In recent years, the rise in immigration has led to more SSNs being issued to noncitizens.

AI and Electricity Usage

As shown in the figure below, energy usage in the U.S. has begun to trend upwards after being largely flat for several years.

While the use of AI has been increasing in recent years, there have also been more electric vehicles on the road and a boom in cryptocurrency mining, both of which could be driving the spike in energy use. To parse out AI’s independent role in energy consumption, experts typically point to data center energy consumption as a direct proxy for AI, as these expansive commercial complexes are where AI technology is being implemented on a large scale.

AI uses energy in two ways: processing needs and cooling. On the front end, AI uses large amounts of processing power. That processing also creates large amounts of heat, which for most data centers today, requires electricity for cooling.

Researchers from the Berkeley Lab’s Energy Analysis and Environmental Impacts Division note that energy use at U.S. data centers was steady at about 60 TwH from 2014-2016 but grew to over 76 TwH by 2018, representing about 1.9% of total U.S. electricity consumption. By 2023, that figure increased to 176 TWh, about 4% of total U.S. electricity consumption. By 2028, they estimate that data centers will consume 7-12% of U.S. electricity.

Internationally, researchers at MIT estimate that data centers’ share of global energy consumption could grow from 1-2% currently to as high as 21% by 2030. Similarly, the International Energy Agency estimated back in 2022 that data centers’ global electricity use will double by 2026.

The Take Away

Electricity use by data centers has been growing in recent years, and experts expect that growth to skyrocket over the next decade.

The increased use of AI technologies by individuals, corporations, and governments appears to contribute to increased power consumption by data centers.

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What Is The National Debt?  What Is The Debt Limit?

The U.S. national debt mainly consists of bonds that the government issues to fund budget deficits. Investors, businesses, and foreign governments buy these bonds. Congress sets a debt “ceiling”—the maximum allowable level for the national debt. In 2023, Congress passed the Fiscal Responsibility Act, suspending the debt limit until January 1, 2025, at which point it reset at $36.1 trillion, matching the then current outstanding debt. In March 2024, House Republicans passed a budget proposal raising the ceiling by another $4 trillion.

Contrary to common misconceptions, raising the debt limit doesn’t authorize new spending; it simply lets the government pay for expenses already approved. For example, if the 2025 budget allocates $4.3 trillion in spending but collects only $3.1 trillion in taxes, the $1.2 trillion shortfall (the deficit) must be financed through debt to honor existing commitments.

How Large Is The National Debt?  

This figure shows the growth of U.S. national debt over time (left axis), compared with U.S. Gross Domestic Product (GDP) as a benchmark (right axis). For decades, federal revenues have stayed consistently near 17% of GDP, while federal spending has risen notably in the past 20 years, reaching about 26% of GDP.

Notice that both the national debt and GDP began rising steadily around the 1970s and have continued upward since. Why does our national debt keep increasing? Debt rises when the federal government spends more in a year than it collects from taxes, tariffs, and fees—this annual shortfall is called a deficit. Additionally, debt grows simply through interest payments, which accumulate year after year.

Several factors explain these increases. During WWII (1939-1945), the Korean War (1950-1953), and the New Deal era, government spending was high, but the top marginal tax rate was also extremely high—94% in 1944 on incomes over $200,000 (about $2.5 million today). From the 1960s to the 1980s, however, top marginal tax rates fell, even as spending continued to rise, causing frequent deficits. Since 1960, the U.S. had budget surpluses in only six years—not enough to significantly reduce the debt. As a result, Congress has raised the debt ceiling many times, as shown below.

What Are The Consequences of a Large National Debt?  

The consequences of national debt are challenging for legislators to address because their impact is mostly felt by future generations. With the U.S. debt currently around $36 trillion—growing by nearly $100,000 per second—future generations will bear much of this burden.

The current (April 2025) House budget proposal includes $1.8 trillion in spending cuts and $4.5 trillion in tax reductions, which together would increase the deficit by about $1.6 trillion, requiring an additional debt limit increase of roughly $4 trillion.

The Takeaway

Debates over the national debt and debt limit regularly resurface in American politics.

Raising the debt ceiling doesn't authorize new spending, it highlights ongoing gaps between federal revenue and expenses.

At different times, both parties have supported increasing the limit to cover obligations already made.

As policymakers consider spending cuts, tax adjustments, and debt limit changes, their choices have implications beyond immediate budgets, influencing economic opportunities and challenges for future generations.

What is a balanced budget?

A balanced federal budget exists when the government collects as much in taxes and other revenues as it spends on government programs. The last time the U.S. had a balanced budget was in 2001.

The figure below shows that in fiscal year 2024 (October 1, 2023 – September 30, 2024), the U.S. government spent $6.93 trillion but collected $4.89 trillion in revenue, leading to a budget deficit of 2.04 trillion dollars.

Economists usually measure the deficit in terms of the size of the U.S. economy, which is measured by the Gross Domestic Product (GDP). Using this measure, the 2024 federal deficit was over 6.9% of GDP. The figure below shows annual budget deficits and surpluses measured as a percentage of GDP.  

Why Is there a deficit?

Since the COVID-19 pandemic, the government has had historically high budget deficits. First, business closures and unemployment from the COVID-19 pandemic led to a significant reduction in tax revenue. At the same time, the federal government spent over six trillion dollars to combat the pandemic, develop and distribute vaccines, and assist businesses and individuals. In 2021 and 2022, Congress passed additional large spending packages on capital infrastructure, credits for renewable energy systems, and rebuilding the domestic chip (integrated circuit) production industry.

In addition to spending increases, the current budget deficits are a function of tax cuts and program changes enacted by Congress and the President. The last balanced budget in 2001 disappeared after tax cuts in 2001 & 2003, while tax cuts in 2017 reduced government revenue by about $1.3 trillion between 2018 and 2024.

Do budget deficits matter?

Most economists believe that small or temporary federal deficits have little or no impact on economic conditions such as growth, unemployment, and inflation. However, problems may arise if the national debt (accumulated deficits) becomes too large.

Because budget deficits are funded by selling government bonds, a rising debt draws away some funds that might otherwise be used for productive capital investments. Increased debt also requires a portion of government revenue to be used for interest payments, reducing the amount of funds available for other needs, particularly unexpected problems. Currently, the U.S. pays more in debt payments than it does for veterans’ benefits, education, disaster relief, agriculture, science and space programs, foreign aid, natural resources, and environmental protection combined.  

Increased government borrowing can also lead to higher interest rates, making it harder for firms to borrow money for new initiatives and increasing the cost of mortgages and car loans. Higher interest rates can also reduce exports and economic growth.  

What changes are needed to balance the federal budget?

To have a balanced budget, the amount of money the federal government collects in taxes and other revenue must equal the amount of money it spends on programs and services. This change can happen by increasing taxes, reducing spending, or a combination of the two.

The most important question regarding spending cuts is whether some programs should be exempt from deficit-reduction efforts. Should Social Security and Medicare be excluded? What about defense spending? A 2020 study by the Congressional Budget Office details the impact of different strategies.

The figure shows that if no programs are exempt, spending must be reduced by about 25% across the board to balance the budget in ten years. If defense and veterans programs as well as Social Security and Medicare, are excluded, about 30% in cuts across the board are required. If defense and veterans programs, as well as Social Security and Medicare, are excluded, remaining programs would need to be cut by about 85% to achieve balance.  

On the taxation side, repealing the 2017 tax cuts under the first Trump administration would generate almost $2 trillion over ten years, about a third of the amount needed to bring the budget into balance. Expanding the 2017 cuts is anticipated to increase the deficit by about $4 trillion over the next ten years.

The Take-Away

America’s budget deficit is large by any measure.

Budget deficits can negatively impact inflation, employment, and economic growth. While the actual impact has been small thus far, the impact of future deficits is not guaranteed to be the same.

The difficulty with reducing the budget deficit is the magnitude of spending cuts (or tax increases) needed to bring the budget into balance, particularly if some programs (such as entitlements and defense spending) are excluded.

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What is Long-Term Care?

Long-Term Care Facilities (LTCF) provide medical and personal care to seniors that is more difficult to provide or can’t be provided at home or within their communities. The Centers for Disease Control recognizes four types of LTCF: inpatient rehabilitation facilities, long-term care hospitals, certified nursing homes, and residential care communities. In all, about 2.5 million Americans are currently in LTCFs.

These facilities address different needs. People in rehabilitation facilities are there for short stays as part of their recovery from medical procedures (e.g., knee replacement). People in nursing homes or residential communities are generally permanent residents. Nursing homes provide higher levels of care compared to residential care facilities.

Trends in Senior Population

The American population is getting older. The number of Medicare recipients, which includes most persons aged 65+ and some permanently disabled persons, increased by over 30%, from 52.4 million in 2013 to 68.3 million in 2024. The number is expected to approach 80 million by 2030.

Cost of Care

The central issue of long-term care is cost. According to the federal Center for Medicare and Medicaid Services, the average annual cost of a private room in a skilled nursing home in 2024 was $127,750 or about $2 trillion total for the 2.5 million Americans currently in LTCFs. The federal government’s share, paid through the Medicare and Medicaid programs, is about $100 billion annually.  

Only about 10% of long-term care costs are paid by private insurance policies, as few Americans hold these policies. Most residents of LTCFs pay out-of-pocket until their assets are depleted and they qualify for Medicaid, which assumes the costs.

Total long-term costs are expected to rise annually by about 50% over the next decade to about $3 trillion. This figure is about 8% of predicted GDP (GDP is a measure of the size of the U. S. economy). The federal government’s share of spending will double to almost $200 billion annually.  

Alternatives to LTC

The Centers for Disease Control collects data on two alternatives to LTCFs: home health agencies and adult day services. Nearly 3 million seniors utilized home health agencies in 2020, along with 237,000 using adult day services (compared with roughly 2.5 million in all categories of LTCF).

Home health care provides flexibility for seniors who want to remain in their primary residence but don’t need the level of care provided by an LTCF. Similarly, adult day care centers provide many social and care benefits of LTCFs during normal working hours.

In theory, increased use of home health care would reduce long-term care costs if individuals who would otherwise enter an LTCF opted instead to remain at home. However, there are several issues. One is that home health care is itself expensive: in 2024, the average annual cost of full-time (44 hours per week) home health services was $77,792.

The second concern is that in some states, Medicare and Medicaid provide limited subsidies for home health care, meaning people receiving these services need private insurance or pay out of pocket. If federal subsidies were increased, many additional seniors (who are not otherwise planning a move to an LTCF) might apply for these services, reducing the savings from keeping a smaller number of people out of LTCFs.

Takeaway

The number of seniors in America is increasing, and life expectancies are also increasing. This combination is sharply increasing the demand for LTCFs.

Long-term care is expensive. Medicaid and Medicare remain the primary means for Americans to pay for these services. Relatively few Americans have private long-term care insurance.

Home health care is cheaper than long-term care, but it is unclear whether increasing its use (particularly with subsidies) will reduce the need or costs of long-term care.

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Contracts

The federal government has a multitude of agencies, bureaus, departments, commissions, corporations, offices, services, institutes, offices, and boards. All of these enter into different sorts of contracts, including subscriptions for news services, accounting services, data, etc. Federal contracts also pay for training, marketing support, cyber security, research, expert witnesses, software, outside legal consultants, and translation services. If there is a service, some arm of the federal government probably has a contract for it.

DOGE is reviewing federal contracts and canceling those it considers unnecessary or wasteful. As of mid-March 2025, DOGE has canceled 4,083 contracts associated with 52 government entities ranging from the Railroad Retirement Board to the United States Agency for International Development (USAID). DOGE records nearly every cancellation with a link to the contract details housed in the Federal Procurement Data System (FPDS), allowing citizens to see what the contracts were for and who in the agency was last responsible for securing and/or overseeing the contract. As of mid-March 2025, the total number of contact dollars canceled is over $32 billion.

The figure below shows the top-5 federal agencies and departments for canceled contracts based on total monetary value.

What Is Getting Cut?

In keeping with the Trump Administration’s goal of removing Diversity, Equity, and Inclusion (DEI) efforts, 102 DEI training, support services, or assessment contracts have been terminated with a total savings of about $600 million. In addition, $1.7 billion was saved through 161 contract cancellations for expert witnesses, consultants, and outside experts. The data subscription services from Politico had 76 contracts ($14 million) canceled, and the financial news provider Bloomberg had 18 contracts ($5 million) canceled.

USAID saw the greatest cut in the number of contracts, with the highest dollar value in cuts. These contracts included a $3,949 contract for printing services in Pakistan, a $30,506 contract for packing security equipment to be shipped back to the U.S., a $169,995 Infoblox software license renewal, a $379,647 Zoom contract for a 12-month license of 50 users with up to 20,000 participants, and a $49 million task order contract supporting the restoration of essential services, strengthen good governance, and enabling economic recovery in Syria. The largest USAID cancellation was a $920 million contract to rebuild power generation facilities in Ukraine.

The largest single canceled contract across the entire government was a 7-year agreement from the Department of the Treasury ($1.9 billion). This contract is a purchase agreement distributed across Centennial Technology, Deloitte Consulting, Etelligent Group, Integrated Systems, and Noblis for new computing equipment, software, and support.

The smallest contract eliminated by DOGE was a $1,400 contract from the Department of Agriculture for facilitation services for the senior leadership of the Beltsville Agricultural Research Center. Altogether, these small (< $10,000) contracts account for 1% of all contracts canceled.

Has This Happened Before?

Other administrations have tried to streamline government in limited ways, but none have operated as DOGE does. The United States Digital Service (USDS), created by President Obama and transformed into DOGE by President Trump, had a similar mission but a different approach. The USDS described itself as a government “start-up” that recruited experts from the tech world to improve government information systems. The USDS did have access to some government systems to realize technical gains but did not have any mandate to reduce spending or cut programs. Its mission was to make government more modernized and responsive to new digital communications and data-keeping needs.

Under President Clinton, Vice President Gore spearheaded the National Partnership for Reinventing Government (REGO). REGO’s mission was to bring government into the Internet era, make systems easier for users, and add performance metrics for government agencies. This program ran for 5 years, resulting in cuts to government programs, elimination of civil service jobs, and consolidation of some agencies. Unlike DOGE, the REGO effort first took 6 months to identify different parts of government that might be ripe for efficiency gains. Moreover, instead of prioritizing spending reductions, the aim was efficiency, transparency, and improving links between federal, state, and local governments.

REGO’s accomplishments included building a portal to file taxes online, improving hospital treatment times in the VA, and creating the FirstGov.gov website, a compendium of links to federal information that evolved into what is now USA.gov.

The Takeaway

DOGE was created to streamline and increase the efficiency of federal operations. Thus far, it has cut federal spending by about 32 billion dollars. The total amount saved by DOGE’s contract actions thus far is a small fraction (1.6%) of the federal budget deficit, which is approximately $2 trillion.

More substantial cost reductions may be generated if and when DOGE turns to reviewing entitlement programs.

There is no documented evidence of fraud for any terminated contracts. However, the notion of waste is subjective, and the contracts canceled are presumably considered wasteful by those making the decisions.

The long-term impacts of DOGE's approach—both in terms of cost savings and impacts on government policies—are not yet clear.

Sources of Congressional Authority

The Founding Fathers believed a strong and independent Congress was essential for a healthy democracy. Legislative authority helps to ensure that laws reflect the will of the people, provides a check on executive power, and promotes transparency and accountability in government. When Congress is weakened, the risk of executive overreach increases, and the voices of ordinary citizens may be drowned out. The legislative branch (particularly the House of Representatives) was designed to be closest to the people, with short terms of office and smaller constituencies.

In the modern era, congressional authority derives from the Constitution’s formal powers and the informal soft powers it asserts against the Executive and Judicial branches. Article I specifies specific congressional powers, like forming a postal service, regulating weights and measures, appropriating funds, and declaring war.

Delegates at the 1787 Constitutional Convention designed Congress as the branch of government most responsive to citizens’ demands. They opted for a delegate model of representative democracy in which Members of Congress are empowered to govern by their mandate from the people. Thus, authority is both limited in scope and derives from the assent of the governed.

Congress is also the only branch of government given the authority to remove actors from other branches through impeachment in the House and conviction in the Senate. While rarely used, this power checks potential abuses of power by the other branches.

Much of the modern Congress’ authority derives from its control over taxation and the ‘power of the purse’ - the ability to enact annual federal budgets over a presidential veto. This funding authority also gives Congress oversight over executive agencies, which congressional committees use to bring Cabinet officials or lower-ranking bureaucrats before them to answer questions. These investigations can influence public opinion and highlight executive branch missteps.

Congress also exercises ‘soft power’ over other branches of government. For example, the Senate’s confirmation authority of Presidential appointments constrains a President’s choices, as the nominees must be acceptable to a majority of Senators. Congress can add provisions to proposals that constrain how they are implemented and use the Administrative Procedures Act to shape the writing of new rules and regulations. Similar to funding authority, these congressional soft powers can shape public opinion and help hold the executive branch accountable.

Challenges to Congressional Authority

As early as President Thomas Jefferson in 1803, when he refused to purchase gunboats funded by Congress, Presidents have sometimes defied Congressional budgets. The Constitution gives Congress the power to appropriate funds, though it does not explicitly state whether those funds must be spent. Until the 1970s, this power to underfund projects, known as impoundment, was generally seen as just that: a President has the right not to spend all funds allocated by Congress but still must spend funds in the spirit of Congress’s intent.

In 1974, Congress passed the Congressional Budget and Impoundment Control Act to curtail this power. The Act allows a President to impound appropriated funds for 45 days, after which Congress must agree or the funds must be spent. President Nixon subsequently refused to spend any money on a project he opposed. The Supreme Court ruled in 1975’s Train v. City of New York that impoundment is unconstitutional when it intentionally obstructs the will of Congress.

The case of impoundments illustrates another critical fact about legislative authority: Members of Congress must choose to exercise their powers. Even in the case of impoundments, Members of Congress must be willing to go to court to counter a President who refuses to spend appropriated funds. As of this writing, it is unclear whether contemporary courts would uphold the Train decision.

Finally, while Congress (the Senate, in particular) has the Constitutional authority to confirm Presidential appointments, Congress passed the Tenure in Office Act in 1866 via veto override to formalize its authority to prevent a President from firing an appointee unilaterally. When President Andrew Johnson fired the popular Secretary of War in 1867 despite the Act, Congress impeached the President and came one vote short of removing him from office in the Senate. Congress eventually repealed the Act, so Presidents today have broad authority to fire appointees, even after Senate confirmation.

The Take Away

Congressional power derives from the Constitution’s formal powers, such as the power of the purse, and informal powers, such as those conveyed by the Administrative Procedures Act.

Even after almost 250 years, important details of legislative authority (such as congressional control of impoundments) are still uncertain.

Example: USAID

One of the first agencies where terminations occurred is the United States Agency for International Development (USAID). Congress has tasked USAID with delivering foreign aid to other countries, including food assistance, economic development initiatives, and programs to build democratic institutions and strengthen civil society. Its annual budget is about $40 billion, and as of January 2025, it had almost 12,000 employees.

On January 20, 2025, President Trump signed an Executive Order halting all foreign aid for 90 days. In the following weeks, most USAID employees were put on paid administrative leave and later formally terminated, reducing the agency’s headcount to less than a thousand. Their dismissals are currently the subject of federal court proceedings.

Civil Service and Federal Employment

The core tenet of a civil service system is that people are hired based on merit and cannot be removed from their positions except “for cause,” such as poor performance or malfeasance. Federal termination processes are complicated, and employees have many opportunities to appeal or delay. As a result, pre-2025, very few federal civil servants were terminated for cause each year, data suggests less than a thousand out of a total workforce of several million.

The only other way to end a civil servant’s employment is through a reduction in force (RIF), where the federal government terminates workers because of funding shortages or the elimination of an entire agency, office, or program. We will consider RIFs in a future brief, but it is important to understand that the USAID terminations did not involve a RIF.

The USAID Workforce

The figure below shows the different types of workers at USAID.

USAID is not unique in its reliance on contract workers. Of the 2,150 employees at the National Science Foundation, 1,500 are civil servants, 450 are administrative contractors, and 200 are scientists hired on short-term contracts. Eliminating over 30% of the agency’s workforce (650 contractors, temporary employees, and probationary civil servants) is relatively easy. A RIF would be needed to implement further cuts.

Additional Considerations: Congressional Budgeting

A major unresolved issue in the terminations at USAID and elsewhere is whether they violate Congress’ “power of the purse” - the power to control agency actions by enacting annual appropriations bills that set an agency’s budget and direct how it should be spent. In the case of USAID, terminating almost all of the agency’s employees and related resources makes it impossible to continue the agency’s programs as Congress funded them.

In the coming months, federal court decisions will determine whether the terminations at USAID and other agencies were constitutional. However, it is important to understand that the major question in these cases is not whether the terminations violated civil service regulations – rather, it is whether agencies must be given the personnel needed to carry out congressional budget mandates.

The Take Away

The USAID example shows that significant workforce reductions can be made in many federal agencies without a RIF and without violating civil service regulations.

The unresolved question is whether the terminations violate Congress’ power to shape agency actions through appropriations bills.

What is the Problem Solvers Caucus?

The Problem Solvers Caucus is a bipartisan collection of Congressional members established in 2017, with balanced representation equally between Republicans and Democrats. One suggestion from the group is to establish an independent fiscal commission similar to the 1990s-era Defense Secretary’s Commission on Base Realignment and Closure (BRAC).

Base Realignment and Closure (BRAC)

The Commission on BRAC was chartered by the Department of Defense on May 3, 1988 towards the end of the Cold War when it became apparent that the U.S. had more military bases and facilities than needed to support a smaller military force. The purpose of the Commission on BRAC was to recommend military installations within the U.S., its commonwealths, territories and possessions for realignment and closure. Base closures are politically difficult choices for elected officials, as military bases bring employment and spending to the communities they are located in. Importantly, members of the House and Senate were not allowed to alter the list (add or remove bases). Their only option was to disapprove the list by majority vote – if they did not, the realignment and closures would be implemented.

There were five rounds of BRAC deliberations between 1988 and 2005. None of the recommendations were disapproved by Congress. Overall, dozens of bases were closed with annual savings of over $12 billion as of the early 2000s.

A BRAC Approach to Deficit Reduction

The Problem Solvers Caucus has proposed a BRAC-like process to develop a proposal for deficit reduction. (A similar idea was made by Representative Bill Huizenga (R-MI), the Fiscal Commission Act of 2023.) Their proposal does not specify all the details, but the idea would be to name a commission composed of legislators (equal numbers of Republicans and Democrats) and outside experts. The commission would develop a long-term plan to reduce federal deficits through spending cuts and tax increases. Depending on the commission’s mandate, all programs could be subject to cuts, or some (like Social Security) could be excluded.

The most important aspect of a BRAC-like plan would be the details of congressional consideration. One possibility mirrors the original BRAC process: the proposal would go into effect unless a majority of House members and Senators disapproved. The proposal could also be considered as an ordinary legislative proposal, meaning that it would require majority support from the House and Senate to go into effect.

‍An Example: The Super Committee

There is one historical example of a BRAC-like deficit reduction commission. In 2011, the Budget Control Act created the Joint Select Committee on Deficit Reduction, commonly called the Super Committee. The committee's objective was to achieve a minimum deficit reduction of $1.5 trillion from 2012 to 2021. The Super Committee comprised twelve members from the House and Senate, with an equal split of six Republicans and six Democrats. Seven votes were required to approve a deficit reduction proposal.

While the Super Committee’s recommendations required congressional approval, the Act also mandated a sequester, $1.2 trillion in across-the-board spending cuts if the Super Committee failed to produce a proposal or if Congress failed to approve it. The only programs exempted from the sequester were Social Security, Medicaid, some federal welfare programs, and interest on the national debt.

In the end, the members of the Super Committee could not reach a consensus, and no proposal was reported to Congress. The sequester took effect, capping spending on most government spending from 2013 until 2021.

The Take Away

The Problem Solvers Caucus is one of the few groups in Congress working towards a bipartisan deficit reduction plan.

The BRAC experience offers a model for developing a proposal for deficit reduction.

Based on the Super Committee experience, one key element to a successful deficit reduction commission will be some form of guaranteed spending cuts that take effect if no bipartisan deal is reached.

Democratic Party Proposals

There is no official Democratic Party position on deficit reduction, either by the national organization or the Democratic Caucuses in the House and Senate. Most comments by Democratic officeholders critique the Republican deficit-reduction proposals discussed in previous briefs without offering alternatives

Representative Chris Pappas

Representative Chris Pappas of New Hampshire introduced the Fighting Budget Waste Act as his first bill of the 119th Congress. This bill mandates that the Office of Management and Budget (OMB) use the Government Accountability Office's (GAO) annual report to identify and eliminate wasteful and redundant federal programs. The report has been released annually for the last two decades, yielding billions in spending reductions.

The largest potential saving identified in the 2024 GAO report is Medicare Site Neutrality, whereby the Medicare program would not pay higher hospital rates for procedures performed at a hospital-owned medical office. As we discussed in our introduction to deficit reduction, this proposal is one of the few that attracts bipartisan congressional support and is likely to be part of any deficit reduction proposal. Estimates are that this change would generate $136 billion in savings over the next ten years.

Unfortunately, the other items in the GAO report would generate much lower savings, on the order of several billion dollars per year. For example, GAO recommends that the Department of Education verify reported incomes in the Federal Student Loan Income-Driven Repayment Program. GAO estimates that verification would identify enough underreported income to increase loan payments by two billion dollars over ten years. While implementing such changes is important to demonstrate government efficiency, it will not substantially reduce deficits.

Senator Elizabeth Warren

In a letter to Elon Musk as the leader of DOGE (Department of Government Efficiency), an initiative of the second Trump administration tasked with reducing federal spending, Senator Elizabeth Warren offered ideas quite different from the Republican approaches discussed thus far. She listed 30 specific cuts that would be supported by congressional Democrats and would satisfy the 2 trillion dollar goal of cuts announced at the start of the Trump administration.

Warren’s letter details approaches rather than specific program cuts. For example, she notes that past Department of Defense Inspector General reports documented overbilling by government contractors and suggests that an investigation of current contracts could yield considerable savings. Similarly, she proposes greater oversight of private insurers who provide Medicare Advantage policies to seniors, noting that previous studies have suggested that the government is being overcharged by up to $83 billion per year.

Other Democratic Party Proposals

A third approach has been offered by Democratic House members who are part of the Problem-Solvers Caucus, a group of Republican and Democratic representatives who work to develop bipartisan proposals for issues such as deficit reduction. Our final brief on deficit reduction focuses on their efforts.

The Take-Away

There is no official Democratic Party position on how to accomplish deficit reduction.

Proposals made by individual Democratic legislators highlight the very real differences in policy priorities between the two parties.

Democratic ideas focus on uncovering waste and fraud, particularly in defense programs and health care. The amount of potential savings and policy consequences are unknown.

The efforts of the Problem-Solvers Caucus - the only organized group in Congress currently working to develop a bipartisan deficit reduction plan - may offer a path to a bipartisan deficit reduction proposal.

What is a Sovereign Wealth Fund?

A SWF is an investment fund created by nations or states. Most SWFs tap revenue from sales of state-controlled oil, gas, or other natural resources. The typical SWF serves as a way for a country or state to ensure future revenues through investment returns long after the resource that funded it is no longer being developed. China, Hong Kong, and Singapore have SWFs that are not based primarily on resource revenues.

What are the Top-10 SWFs in the world right now? What about American states?

The largest SWF (over $1.7 trillion in value) is Norway’s pension fund, which invests in petroleum revenues. It is followed by China ($1.3 trillion) and Hong Kong ($1.1 trillion). The table below shows the ten largest SWFs in the world.

Many industrialized countries, including Canada, the United Kingdom, Germany, and Russia, have smaller sovereign wealth funds. 23 U.S. states have SWFs funded by resource revenues, totaling over $332 billion in assets. The Alaska Permanent Fund, valued at over $76 billion, is by far the largest.

How well have SWFs performed over time?

Most SWFs do not disclose their financial returns. Because SWFs are designed to safeguard invested funds for the long-term, which means in strong markets they typically earn less, and in down market returns (and protection from losses) can be greater. For example, in 2024, Norway’s SWF returned $222 billion (13%) in profits in a year when the S&P 500, an index of the largest U.S. companies, returned over 24%. The Alaska Permanent Fund has returned an average of 8.1% annually between 2015 and 2025.  

The Take-Away

Creating a U.S. sovereign wealth fund would not be unusual. Many industrialized countries have SWFs.

Compared to the larger SWFs worldwide, the key difference for a U.S. SWF would be its funding source. Most large SWFs are funded by natural resource sales. In the U.S., most of these assets are owned by individuals or corporations.

A U.S. SWF could be funded by assets confiscated from criminals (including bitcoins), or by sales of public lands, offshore oil and natural gas leases, communication spectrum, or other government assets. The potential amount of funds is likely less than most large national SWFs.

Moreover, in the short-term, diverting revenue from asset sales to a U.S. SWF would increase the federal budget deficit, as most of these funds are currently counted as revenue.

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Challenges in Deficit Reduction

There is no easy, painless way to eliminate the federal deficit. Critics of excessive federal spending claim that substantial savings can be found by eliminating “waste, fraud, and abuse,” in many cases those government programs are less popular or tailored to only a certain group of people. The reality is that many federal programs have a meaningful impact across the U.S.. As a result, any successful deficit reduction proposal must overcome the fact that it will reduce benefits or impose costs on many Americans.

The Deepest Cuts Under Consideration

The largest Republican deficit-reduction proposals were developed by Republican members of the Ways and Means Committee. Some of these measures reduce the deficit by generating increased tax revenue. Others cut the deficit by reducing future federal spending. The top 5 proposals based on the predicted 10-year deficit reduction are shown in the figure below.

The largest deficit reduction proposal in the list is a 10% tariff on all imports, expected to generate $1.9 trillion in revenue over 10 years. However, the risk is that increased U.S. tariffs would lead other countries to increase their tariffs on American exports. As a result, this proposal faces opposition from Republican lawmakers and constituents in communities where the local economy largely depends on imports and exports.

The Border Adjustment Tax would make two changes. First, businesses would no longer be able to deduct the cost of imported goods when calculating their taxable income (the income they pay taxes on to the federal government). Under the new policy, companies that use imported goods would pay higher taxes, increasing federal revenue but potentially increasing the cost which companies charge for certain products and services.

The second part of the Border Adjustment Tax would exempt American businesses from paying taxes on exports – sales of products and services to other countries. This measure would lower federal tax revenue. After combining the two provisions, the Border Adjustment Tax is expected to generate $1.2 trillion in new tax revenue over 10 years. This proposal failed to be enacted in 2016 because of opposition from large retailers.

The next two largest proposals would eliminate two provisions of the tax code: the home mortgage interest deduction (MID) and the deduction for state and local taxes (SALT). If implemented, these two proposals would each increase federal tax revenue by about $1 trillion over ten years.

The MID allows American homeowners to subtract interest paid on home mortgages when calculating their taxable income (the income they pay taxes on to the federal government). Given typical home values, allowing for MID may disproportionately benefit more established individuals and families, specifically those higher-income taxpayers who often own more expensive homes. Although eliminating the MID will help reduce the federal deficit, all homeowners with a mortgage would be subject to paying more in federal tax. Republican legislators decided to maintain this deduction in the defining reconciliation bill of the first Trump Administration, the Tax Cuts and Jobs Act of 2017.

SALT allows Americans to deduct taxes paid to state and local governments when calculating their taxable income. The Ways and Means proposal would eliminate this deduction. Currently, the deduction is capped at $10,000 per family, however, members of both parties (including Republican House members from high-tax states such as California and New York) have proposed increasing the deduction.

The fifth item on the Ways and Means list is a cap on federal Medicaid payments, coming in at a projected $900 billion of savings over 10 years. Currently, for every dollar a state spends on Medicaid services, it receives between $1 and $3 from the federal government, with no limits on total payments. The proposal would set a per-person cap on federal payments. The cap would be adjusted for inflation but not for other increases in medical costs. Over time, states with higher medical costs would have to cover these increases themselves, find ways to save money, or cut services. Republican governors opposed this change when it was first proposed in 2017.

The Take Away

There are no easy ways to address the federal budget deficit. Proposals that significantly reduce spending generate opposition because they impose significant costs on individuals and businesses.

One potential strategy is to combine several of these proposals, hoping the combined deficit reduction will be large enough to build support even from individuals or businesses negatively impacted by some of these deficit reducing measures.

As a whole, Republicans’ voting history reflects a more favorable view on cost cutting measures over Democrats. However, because not all Republicans share the same view across all federal programs, and Republicans have very narrow majorities in the House and the Senate, a few defectors from the Republican party can make enacting many of the proposed deficit-reduction proposals unlikely.

Congress, regardless of party affiliation, will need to work together, and all Americans will need to accept some level of financial pain to make any meaningful progress in reducing our national debt.

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Introduction to Congressional Budgeting and Budget-Cutting

Under current congressional rules, deficit reductions are implemented by a process called reconciliation. Reconciliation allows Congress to pass budget-related legislation in an expedited manner with a simple majority in the Senate. This process was created under the Congressional Budget Act of 1974. While reconciliation is primarily a tool designed to implement spending controls and deficit reduction, it has also been used to advance significant changes, such as the 2010 Affordable Care Act, the 2017 Tax Cuts and Jobs Act, and the 2022 Inflation Reduction Act.

Under reconciliation, the House and Senate adopt a reconciliation directive that sets the spending levels and deficit reduction targets and a deadline to vote on these proposals. Individual committees then prepare spending proposals for the agencies and programs they oversee. Then, the House and Senate Budget Committees roll the proposals together into one large bill. The rules limit debate to 20 hours, and the bill is not subject to the filibuster, meaning that instead of having 60 Senators in support, reconciliation bills pass with just a simple majority in the Senate.

The impact of reconciliation depends on whether control of the federal government is unified or divided. Americans currently have a unified government, meaning the same party (Republicans) controls both Houses of Congress and the Presidency. Before the 2024 elections, control was divided, with a Democratic President, a Democratic-majority Senate, and a Republican House.

With a divided government, reconciliation generally leads to one of two outcomes: budgets that preserve the status quo (few new initiatives and little deficit reduction) or deals that use ideas from both parties to significantly cut future deficits. With a unified government, deficit reduction tends to be highly partisan, dominated by proposals favored by one party and opposed by the other.

An Example: The House Budget Committee Proposal

The first deficit-cutting proposal released in 2025 was developed by the House Budget Committee, Chaired by Republican Jodey Arrington of Texas. The proposal outlines spending cuts totaling $5.7 trillion over the next 10 years. Some of these cuts involve freezing program spending at current levels, while others mandate real, immediate spending cuts.

Everything Policy’s initial analysis of the Budget Committee document found only three proposals that received Democratic support:

• Medicare Site Neutrality ($146 billion). Hospitals can charge higher fees—sometimes up to five times more—for the same services performed in outpatient settings simply because the hospital owns the facility. Site-neutral payment reform seeks to equalize payment rates for identical procedures for Medicare recipients (seniors), regardless of where they are performed. Senators from both parties have expressed support for this reform.

• Eliminate the TANF Contingency Fund ($6 billion). The Temporary Assistance for Needy Families (TANF) Contingency Fund was established in 1996 to support states during an economic downturn. President Trump proposed eliminating the Contingency Fund, and in 2016, President Obama proposed repurposing it.

• Rescind unspent COVID Money ($11 billion). Members of both parties have made similar proposals. In 2023, House Speaker McCarthy proposed rescinding unspent funds, and though some Democratic lawmakers disagreed, President Biden agreed with this provision.

The important point is that the savings from these three proposals are only a small fraction (about 3%) of the total savings in the House Budget Committee proposal. The rest of the spending cuts are favored by Republicans and opposed by Democrats. This pattern is exactly what is likely to be expected given a unified government.  

The Take Away

Under current conditions of unified government, any successful deficit reduction proposal will largely reflect the policy preferences of the Republican party, as they control the House, Senate, and the Presidency.

Democrats may offer deficit-cutting proposals (including tax increases), but these are unlikely to be added to the Reconciliation bill written by the Republican-controlled Budget Committees.

The extent of Republican budget-cutting efforts and the potential impact is not known at this point: Republicans have narrow majorities in the House (217-210) and in the Senate (53-47), giving individual Republican legislators enormous negotiating power over what proposals appear in the final reconciliation bill. Actual spending cuts may be far lower than the Budget Committee’s and others’ ambitious goals.

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What does the federal bureaucracy do?

The federal bureaucracy consists of all agencies within the Executive Branch of government, from Cabinet departments like the Department of Defense to independent agencies (those not part of departments) like NASA, and regulatory agencies such as the Federal Aviation Administration. Overall, nearly 3 million Americans work for the federal government.

Under America’s Constitution, Congress and the President make laws and bureaucrats implement these laws. Sometimes implementation is simple and straightforward – for example, an appropriations resolution might direct bureaucrats in the Department of Defense to purchase 20 F-16 fighter jets from Lockheed Martin for use by the Air Force. Bureaucrats would then prepare a contract, send payments, and take delivery.

Other laws set out broad goals, then direct bureaucrats to determine how these goals should be achieved. Bureaucrats respond by developing new rules - a regulation, directive, or procedure - that implements the goals. For example, after Congress enacted the Clean Air Act in 1970, it gave bureaucrats the job of determining which chemicals should be regulated and what limits should be placed on cars, factories, and other emitters of such chemicals.

Why don’t members of Congress develop rules on their own? The answer is that Congress has limited time, resources, and expertise. The intent is by letting bureaucrats make rules, it allows them to act based on their experience and expertise.  And, as we discuss later, members of Congress have various ways to overturn rules that they disapprove of.

How does rulemaking work?

The rulemaking process in the federal bureaucracy is governed by the Administrative Procedures Act (APA), enacted in 1947, and the Congressional Review Act (CRA), enacted in 1996. The APA sets out a process for bureaucrats to draft rules, release the drafts for comment (including notifying Congress), revise the rules, and only then put the revised rules into effect. The CRA also provides a mechanism for members of Congress to overturn proposed rules that they disapprove of.

The CRA divides rules into two groups, major and minor. Major rules would cause more than a $100 million change in the gross domestic product or would cause major changes in prices or employment. Of the thousands of rules that bureaucrats write each year, only a small fraction each year are major rules, as shown in the figure below.

What checks the federal bureaucracy?

At first glance, the rulemaking process gives enormous power to the federal bureaucracy. What prevents bureaucrats from writing rules that reflect their policy ideas rather than congressional directives? To begin with, bureaucrats must inform members of Congress about proposed rules. Congress can also demand testimony from agency personnel in oversight hearings or during the annual budgeting process.

Moreover, the CRA allows Congress to overturn proposed regulations by majority vote in the House and Senate using a joint resolution – a type of proposal that can be brought to the floor for a vote even if party leaders disapprove. Members of Congress can also change policy by adding language to the annual agency budget or by passing new legislation to clarify their expectations.  

Presidential authority over agencies is more limited. Presidents can appoint new agency leadership and change proposed agency budgets. However, when agencies are given directives in the form of new legislation, only Congress has the power to change these directives or reverse proposed rules.

These mechanisms give legislators and the President a means to bring bureaucratic rules back in line with the goals specified in legislation. In practice, elected officials sometimes do nothing in these cases because they prefer the bureaucracy’s interpretation of a piece of legislation against the measure’s original goals. Particularly in cases of divided government (each party controls one House of Congress), it may be hard to build coalitions to reverse bureaucratic actions.  

Individuals and businesses affected by a new rule can also bring a case to federal court claiming that bureaucrats went beyond their congressional mandate. Under the so-called Chevron doctrine (named after a court case, Chevron v. NRDC), courts would allow new rules to stand as long as an agency could argue that it had acted based on experience and expertise. This doctrine was overturned by a recent Supreme Court case, Loper Bright Enterprises v. Raimondo. Going forward, courts will likely defer less to bureaucratic decisions and have more power to decide for themselves if an agency has misused its authority.

The Take-Away

Members of Congress have various ways to learn about and reverse bureaucratic decisions they disapprove of. Presidents have important indirect powers, including proposing new agency budgets and senior agency leadership. Bureaucratic rulemaking is also subject to review by the courts.

Whether these safeguards prevent all bureaucratic wrongdoing is an open question. From 2001-2022, only 20 rules were overturned using the CRA procedure. It appears that members of Congress are generally satisfied by the outcome of the rulemaking process. Further research is needed to determine whether this outcome arises because bureaucrats stay close to legislative goals when making rules, or whether they deviate from goals in ways that members of Congress approve of.

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The trend in car thefts

As shown in the figure below, car thefts have surged by almost 40 percent to historically high levels across the U.S., even as most other crime rates have declined. Concerns about cross-border car theft in parts of the U.S. that border Mexico have been known for decades. This raises a question: Is this specific type of crime concentrated in areas with higher migrant populations?

Data Sources

As in our previous work on crime and migration, we focus on 57 cities that are members of the Major Cities Chiefs Association. Migrant population data is from the Transactional Records Access Center (TRAC) at Syracuse University. This data identifies 415 U.S. counties with 1,000 or more migrants involved in deportation proceedings. These proceedings include individuals denied asylum, visa overstays, or those who entered the U.S. without authorization and came to the attention of authorities. Data on auto thefts is from the FBI’s Uniform Crime Reporting database and measures the change between 2019 and 2023 in car thefts per 100 thousand residents.

Car Theft and Migrant Populations

The figure below shows the relationship between migration and car thefts. Some city names have been omitted to allow for greater visibility of trends in the graph. While the trend line shows a very slight positive relationship between the two variables, the fact that the data points are spread out from the trend line suggests that many other local factors are at play. Some potential variables that could be contributing to an increase in car theft include variances in the availability and funding of local resources, policing standards, differences in community outreach programs, bail reform, local economic conditions, the extent of community-wide drug use and addiction, and the popularity of certain makes and models of cars.

Two notable outliers illustrate the complexity of this issue:

• Miami, FL: With the highest share of immigrants among major U.S. cities, Miami experienced the largest reduction in car thefts from 2019 to 2023.
• Boston, MA: Boston, with an immigrant share about half that of Miami, recorded the greatest 4-year increase in car theft crimes.

Another way to see this complexity is to look at communities in the chart with about 4 percent migrants. The over-time change in car thefts for cities in this range goes from declines of almost 90 percent (Tampa) to increases of nearly 200 percent (Charlotte-Mecklenburg).

It is also important to note that this data does not account for the identity of criminals who steal cars. While there have been some noted instances where the identity of those involved in a car theft have been undocumented immigrants, car thefts are a hard crime to assess by perpetrator, as 90% of all car thefts go unsolved.

Other Trends in Car Theft

A surprising driver of recent car thefts in the U.S. stems from a viral 2022 TikTok video. The video demonstrated a vulnerability in specific Hyundai and Kia vehicles, leading to a surge in thefts. The issue got so bad that 18 state attorneys general urged the federal government to order a recall. Such trends highlight the role of external, non-immigration-related factors in shaping car theft rates. Kia and Hyundai paid a 200 million dollar class action settlement for their part in selling vehicles with these security concerns.

The Take-Away

Communities with high migrant populations have slightly higher rates of auto theft – but the correlation between these factors is not fully substantiated.

Any analysis of this relationship is limited because many car thefts are not reported, few cases are ever solved, and databases do not record racial or ethnic data for the perpetrators.

In general, car theft rates appear more likely driven by local factors such as economic conditions, policing strategies, and even the prevalence of certain car models.

What’s happening nationally?

Nationally, median home values have increased 63.6% from 2010 to 2023. During this same time period, median household income has risen at a slower pace, 50%. This data indicates that in general home ownership is becoming less affordable relative to income. However, this comparison may hide important cross-community differences: trends in rural areas or suburbs may be very different than in high-population urban areas.

What’s happening to local home prices?

We use an urban-rural scale developed by the U.S. Department of Agriculture that divides counties into nine groups based on their population, the size of the largest community, and whether the county is next to a major urban center. For our analysis, we collapse this scale into four groups: metropolitan or urban counties, micropolitan or suburban counties, rural counties adjacent to a metro county, and isolated rural counties. Our analysis includes 3000+ counties in the U.S., excluding Connecticut and Washington DC because of missing data.

The first chart below shows these four groups’ average home price increases from 2010 - 2023. Based on the data, prices increased throughout the nation. However, contrary to the majority of media coverage placing emphasis on home prices in large cities, the greatest price increases have occurred in rural communities.

The next chart compares the increase in average home prices in each group of counties to the change in average household income. We do this by creating a ratio, dividing each county’s change in home prices by the change in average income. A ratio of greater than one means that home price increases outpaced income over time, making home ownership less affordable. A ratio of less than one means that homes became more affordable.

In every county type, home prices increased more than household incomes. However, there is variation. Rural counties saw, by a notable amount, the highest growth in home values relative to income. Put another way, while housing has become less affordable throughout the U.S. over the last decade for most, those living in rural communities that are far from major metropolitan areas are experiencing the greatest challenges related to housing affordability.

The Takeaway

Even as large metropolitan areas have received much media coverage for housing affordability, rural areas have experienced the largest spikes in home prices since 2010.

Across both urban and rural communities, growth in average income has lagged behind increases in housing prices, although the greatest disparities are in rural areas.

Measuring job growth

As of January 2024, the civilian federal workforce (excluding contractors, military personnel, and the Postal Service) was about 2.9 million people, or just over 2% of the private sector workforce (135 million people). The figure below compares total federal employment to employment in other levels of government and several economic sectors. The data is from FRED (Federal Reserve Economic Data).

The figure shows that federal employment is lower than employment in major economic sectors and in state and local governments (the latter includes K-12 teachers and staff). The largest sector, services, contains a large majority of the private non-farm workforce.

Everything Policy’s analysis of federal and private sector hiring uses official monthly job growth data from the Bureau of Labor Statistics (BLS). The data is based on a survey of about 119,000 businesses to determine the number of employees on their payrolls (excluding agriculture). The data is adjusted to subtract seasonal changes, such as temporary jobs created during the holiday season. The BLS also surveys federal agencies (but not state and local governments) to assess their hiring rates.

There is no doubt that federal government hiring sometimes dominates job data. For example, in August 2024, total jobs growth was 37,000, but federal hiring totaled 45,000 – meaning that without government hiring, the economy would have lost jobs. Similarly, in October 2024, total job growth was -28,000 due to the impact of Hurricanes Helene and Milton. However, at the same time, the economy added 40,000 federal jobs, so the change in total employment without government hiring would have been -68,000

The chart below shows average monthly private-sector and federal government new jobs for 2010 - 2024. The solid line shows the average job growth for the entire American economy. Because of the COVID pandemic, job creation was sharply lower in 2020 and markedly higher in 2021 and 2022. Excluding these years, the average total job growth is about 180,000 per month and does not vary significantly across years. The dotted line shows the average change for new federal government jobs. Again, excluding the pandemic years, the average is about 30 thousand per month, with declines in some years and increases in others.

How do these yearly changes add up to long-term trends?  The chart below uses FRED data to compare the growth of the federal workforce from 2014 to 2024 to the growth of employment in major economic sectors and state and local governments. (We start in 2014 to avoid bias due to the employment losses caused by the Great Recession of 2007 - 2010.)

The chart shows that federal employment has grown slightly more than in state and local governments and more than in the retail and manufacturing sectors – but much less than in the construction and services sectors.

The Take-Away

Excluding the pandemic years, job growth in the overall American economy over the last 15 years averaged about 170,000 per month. Federal government hiring averaged about 30,000 per month, making up about 18 percent of the new jobs created.

Over the last decade, growth in the federal workforce has outpaced growth in state and local governments as well as the retail and manufacturing sectors. However, federal job growth was considerably less than overall private sector job growth.

Employment is only one measure of the federal government’s size and overall economic and societal impact. The more important question is, what are these employees doing?  Our policy briefs (link) offer detailed analyses of government policies and actions.

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Measuring migration and crime

U.S. authorities do not track where migrants live. However, the Transactional Records Access Center (TRAC) at Syracuse University used the Freedom of Information Act to obtain over 9 million records of deportation proceedings over the last decade. The TRAC data identifies 415 U.S. counties with 1,000 or more migrants who faced or are facing deportation because they were denied asylum, overstayed visas, or entered the country illegally and came to the attention of local authorities.

We use the TRAC data to identify communities with high migrant populations (link). While the number of deportation cases does not tell exactly how many migrants live in a community (whether legally or illegally), it is a good indicator of migration’s impact and the general movement of migrants throughout the country.

Our data on crime rates comes from the Major Cities Chiefs Association (MCCA), which annually reports the number of major crimes (homicide, rape, robbery, and aggravated assault) for 63 high-population communities in the U.S. and Canada. Across these communities, the individuals from the TRAC data vary from .53% in Honolulu, Hawaii, to 12.9% in Miami, Florida.

The MCCA data only includes crimes that are reported to the police and does not include misdemeanor offenses. However, in comparison to FBI data (the other main source), it is available at the community level, which is what we are analyzing here.

What does the data show?

In most of the communities in the MCCA data, major crime rates dropped substantially between 2019 and 2023. The average decline is -44.2%. There is considerable variation: crime in Philadelphia saw the largest decline at 73.2%, while crime in Oklahoma City increased 54.4%. The question is, across the 63 communities, are higher migrant populations associated with changes in crime rates?

The figure below shows the relationship between a community’s deportation cases (measured as a percentage of total population) and the percentage decline in major crimes between 2019 and 2023.

The figure shows no distinct relationship between the size of a community’s deportation cases and the decline in crime – the dotted trend line is essentially flat.

In concrete terms, Milwaukee and Miami saw almost the same decline in crime (-42.9% for Milwaukee and -41.2% for Miami), even though Milwaukee has fewer deportation cases than Miami (1.2% vs 12.9%). Similarly, Oklahoma City and Philadelphia have similar deportation cases (3.6% vs. 2.2%), but major crimes increased over 50 percent in Oklahoma City and declined over 75 percent in Philadelphia.

This analysis is not the last word. It may be that crime rates in smaller communities are more sensitive to the size of the migrant population. The brief linked earlier identified communities where deportation cases are a relatively high percentage of total population. Another possibility is that migration is related to certain crimes such as auto theft or carjacking.  We will consider both topics in future briefs.

The Take-Away

In almost all of the large U.S. cities analyzed here, major crimes decreased substantially between 2019 and 2023.

The size of the migrant population in these cities varies tremendously.

In these communities, there is no relationship between the reduction in major crime and the size of the migrant population.

Future work should examine the impact of migrants on non-major crimes such as auto theft and other types of criminal offenses in smaller communities.

We do not know how much ballot harvesting occurs. In some isolated cases, individuals have been convicted of collecting and tampering with absentee votes. However, research by Everything Policy finds that most states have voting procedures that reduce the incentives for widespread ballot harvesting.

For widespread ballot harvesting to work, four things must be true about a state’s election procedures:

• No-excuse absentee voting (otherwise, there will be few ballots to harvest)
• Non-relatives are allowed to collect and return absentee ballots
• Higher limits on the number of ballots that one individual can return
• Widespread use of drop boxes (less scrutiny of people returning ballots)

As shown below, only 13 states satisfy all four requirements above. They range from California to Wyoming, mostly strong Democrat-controlled states, with two Republican-controlled states (Montana and Wyoming) and one swing state (Nevada.) Five of the 13 (California, Hawaii, Nevada, Oregon, and Washington) use statewide vote-by-mail.

This finding does not mean that substantial ballot harvesting occurs in any of these 13 states; it is just that their election procedures make this activity legal and may potentially favor one political party over another. The remaining states are less likely to have substantial ballot harvesting because this behavior is explicitly illegal or a low-benefit-high-cost activity.

The Take-Away

Ballot harvesting, or the distribution and collection of absentee ballots, is regulated by state law.

The potential for fraudulent ballot harvesting varies across states.

Only 13 states have electoral rules that make fraudulent ballot harvesting worthwhile.

DEI in the workplace

DEI initiatives are intended to produce a more diverse workforce. The concern with DEI is that these efforts may have hidden costs. Achieving diversity goals may require hiring less qualified individuals, making organizations less able to achieve their substantive goals.  

Additionally, DEI initiatives are zero-sum. If an organization prioritizes hiring one class of individuals, it reduces the number of people hired from all other groups. Even if the new hires are as capable as the old ones, some people are still worse off. These people would have been hired pre-DEI but were rejected under new hiring criteria.

The FAA’s DEI Initiative

Background

Air traffic controllers direct private and commercial air traffic, both in the air and (at major airports) on the ground. Before 2014, most air traffic controllers were graduates of ATC-CTI, a program where college students are given preliminary training as part of their coursework. ATC-CTI graduates were given preferential treatment in the FAA’s hiring process.  

The DEI Initiative

Beginning in 2014, the FAA changed its hiring criteria to use an aptitude test and a biographical essay. ATC-CTI graduates could still apply, but their preferential treatment was ended. Succeeding years saw a reduction in the number of trainees who were ATC-CTI graduates. However, a similar percentage of ATC and non-ATC hires completed controller training.

Impact on Diversity

Research by Everything Policy finds that the FAA’s initiative was unsuccessful for at least one segment of our population - women. While the FAA does not release data specific to its air traffic controller demographics, we collected this information from various sources, including the Professional Women’s Controllers Association and a few other organizations listed in the citation. The percentage of female air traffic controllers has remained roughly constant at about 16-18% from the 1980s until now. (Data on minority air traffic controllers is unavailable.)

Measuring Air Safety

Everything Policy researchers analyzed the impact of the FAA’s DEI initiative by looking for trends in data on aviation mishaps attributed to controller error. We focus on two indicators: near-midair collisions by commercial aircraft and ground mishaps, such as when two aircraft are simultaneously directed to the same runway. In addition to describing different events, these data differ in number and quality: near-misses are less common, voluntarily reported, and not corroborated. In addition, the data includes all reported near-misses, not just those due to controller error.

The chart below shows the trend from 2010 to 2023 in the two variables per million flights (the near-miss data ends in 2020). The vertical dashed line at 2015 identifies the earliest point when controllers hired under the new rules ended their formal training and began working in air traffic facilities.

The data shows no sustained increase in the two types of accidents after the FAA’s DEI initiative began. Ground mishaps increased before 2015 but plateaued after that. The lower rates in 2020 and 2021 are possibly due to reduced air traffic due to the COVID-19 pandemic. Near-misses increased in 2016 and 2017 but declined after, so the rate in 2020 was almost the same as in 2014. It is possible that the spike in near-misses was due to increased drone operations near airports, which were limited by new FAA regulations implemented in early 2018.

Additional data on runway incursions that include privately-owned planes and airports not under FAA control indicates that overall incursion rates increased in Summer 2023. However, this change is unlikely to reflect the FAA’s DEI initiative, since the new hiring criteria had been in place for almost a decade.

The Take-Away

DEI initiatives are inherently complex and controversial. While aiming to improve representation, they can raise concerns about potential trade-offs in organizational performance and create perceived winners and losers.

Our analysis of the FAA’s 2014 DEI initiative indicates that it did not achieve one of its primary goals of increasing female representation among air traffic controllers. Furthermore, based on the available data, the initiative does not appear to have compromised air safety.

It is possible that the new aptitude tests and biographical essays effectively identified qualified candidates, mitigating any potential negative impacts of de-emphasizing the ATC-CTI pathway.  

However, a more comprehensive assessment using a wider range of safety metrics would be beneficial. The long-term impacts and any unintended consequences remain subjects for continued investigation.

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Finding Migrants

U.S. authorities do not track where migrants live. However, the Transactional Records Access Center (TRAC) at Syracuse University used the Freedom of Information Act to obtain over 9 million records of deportation proceedings over the last decade. The TRAC data identifies all counties in the U.S. with 1,000 or more migrants who faced or are facing deportation because they were denied asylum, overstayed visas, or entered the country illegally and came to the attention of local authorities.

While the number of deportation cases in a community does not tell exactly how many migrants or recent migrants live there, it is a good indicator of migration’s impact and general movement of migrants throughout the country. An initial look at the data suggests that recent migrants to the U.S. are extremely concentrated, as only 415 counties in the U.S. out of 3,244 total (12.8%) have migrant cases over 1,000.

Where Do Migrants Live?

The table below shows data on the 30 counties with the largest migrant caseloads over the last decade – in all, about half of 9 million individuals in the TRAC data. We combine adjacent counties in California, Florida, and New York. For each county or grouping of counties, the table identifies the total population and the percentage of the population that are in the TRAC data.

The data regarding migrant cases reveals several things about migration. First, it reveals the majority of the burden related to migration is placed on major urban areas. For example, in New York City, the number of migration cases is over six percent of the total population.

Our analysis also shows that a disproportionate percentage of migrants live in counties located in border states, particularly border counties such as Cameron and El Paso counties in Texas and the Dade-Broward area in Florida. The percentage of migrants is also notably high in a few non-border counties, such as Essex County (Newark), New Jersey and Pierce County (Tacoma), Washington.

Our second analysis identifies all other counties where the number of migration cases is more than 5% of the population. This group is broken into two groups: counties adjacent to one of the urban areas discussed previously and those not. The first table below has the adjacent counties.

Here again, the migration caseload in these counties is high as a percentage of the population, suggesting that in these areas, migration is a regional problem rather than being limited to a particular community.

Our final analysis identifies counties with high migration caseloads that are on their own – they are geographically separate from metro migration clusters. Informally, these are counties with surprisingly high migrant caseloads, as most are not border counties or even in border states, and are not near a metro migrant cluster.

What is especially notable are the low-population counties with high migrant caseloads, such as Hall County, Nebraska, with a population of just over sixty thousand and approaching six thousand migration cases. Counties like Hall have fewer resources than major urban areas to deal with a large migrant population, yet have proportionately similar caseloads.

The Take-Away

Most recent migrants live in larger cities or adjacent communities, such as the New York area or the Los Angeles - San Diego region.

Border states (Arizona, California, Florida, and Texas) and, in particular, border counties in these states, also have a disproportionate share of migrants.

There are also several isolated counties throughout the U.S. with a disproportionately high migrant population.

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What is Medicaid?

There are three broad categories of Medicaid recipients: poor adults and their children, disabled adults (including people who are institutionalized individuals and those needing kidney dialysis), and seniors requiring long-term care. The program is funded by the federal government (90%) and state governments (10%). States set income thresholds for Medicaid eligibility for different types of recipients. For example, in Alabama, a non-disabled adult must have an income below 13% of the Federal Poverty Level (FPL) ($15,060 in 2024), while in Wisconsin, the limit is 95% of the FPL.

The Affordable Care Act (enacted in 2014) allows states to expand Medicaid to enroll adults under 65 with income at or below 133% of the FPL. Participation in Medicaid Expansion is optional. Since 2014, 40 states have expanded Medicaid, enrolling about 24.6 million additional people as of March 2023, and 10 states have opted not to.

Medicaid recipients are U.S. citizens or permanent residents.  Some states provide some health care benefits to undocumented residents, and some of the undocumented population pay for private insurance.  But no federal funds are used to provide health care to the undocumented.  

What does Medicaid pay for?

Using data from the Kaiser Family Foundation from 2021 (the latest year with available data), our first figure shows the relative size of different groups of Medicare recipients.

By itself, the enrollment data suggests that Medicaid primarily pays for medical care for poor people. Including people enrolled through Medicaid Expansion, nearly 80 percent of Medicaid recipients are poor adults or their children.

A different and more accurate picture emerges if we examine the amount of money that the Medicaid program spends on each type of recipient, as shown below:

The cost data gives a very different picture: over 50% of Medicaid funds provide care to just over 20% of recipients – seniors and the disabled.

How Efficient is Medicaid?

One criticism of Medicaid is its per-recipient costs are significantly higher than private health insurance providers. However, most Medicaid funds pay for health care for seniors and the disabled, many of whom require a higher level of care, including full-time nursing home care. Assessing Medicaid’s costs relative to private insurers requires an apples-to-apples comparison.

The figure below offers a first-cut comparison. Using federal government data, we calculate Medicaid’s cost of providing healthcare to a healthy adult and for an average-sized family (two adults and three children). We compare these figures to the Kaiser Family Foundation’s estimate of the average cost of private health insurance for the same individual and family.

The comparison reveals that for healthy adults and families, the cost of care through Medicaid is slightly lower than private insurance.

The comparison we make here is limited. Private plans may offer a wider range of benefits. Medicaid recipients may not be as healthy as the average private insurance recipient. Moreover, Medicaid recipients may be less likely to make routine visits for medical care. All these factors complicate a straightforward comparison of per-capita costs. Even so, our initial analysis shows that per-recipient Medicaid costs are not wildly different from those in the private sector.

The Take-Away

Many Americans think that Medicaid provides healthcare to poor people. However, more than half of its budget pays for long-term care for seniors and disabled adults.

Our comparison of Medicaid with private insurers suggests that the high cost of Medicaid is partially due to the large number of beneficiaries and the kinds of care they require rather than bureaucratic inefficiencies.

The Medicaid program illustrates the lack of an easy solution to high healthcare costs.  On the one hand, it is not inevitable that the government pays for nursing home care, dialysis, or even healthcare for the poor. On the other hand, without Medicaid, some current recipients would have no way to access these services. Americans face tough decisions about what standard of care they are willing to provide to the old, the poor, and the disabled and how these programs will be paid for.

What is a voter purge?

Under the federal National Voter Registration Act (NVRA), states are required to remove a voter from its rolls if the person has died, moved, or has not voted in two consecutive federal elections, and fails to respond to mailings asking for confirmation that they wish to remain registered. Additionally, states can remove people from their rolls if the person is determined to not be a citizen, and some states also remove convicted felons and people deemed mentally incompetent.

States differ in how frequently or aggressively they engage in voter roll purges. In New Hampshire, for example, removal based on inactivity occurs every ten years, while many states conduct purges every two years. According to the most recent survey by the United States Election Assistance Commission, an independent, bipartisan commission whose mission is to help election officials improve the administration of elections and help Americans participate in the voting process, 19,270,301 voters were purged from voter rolls of 48 states and DC between elections in 2020 and 2022.

Who enforces voter purges?

In 38 states, the Secretary of State directs voter purges, though it is often up to local county or municipal election officials to actually carry out list maintenance. In the remaining 12 states, election roll integrity is the responsibility of a board or independent commission.

Federal courts are frequently invoked to ensure compliance with the NVRA’s terms, both for and against purges. In New York City, for example, the right-leaning Judicial Watch sued the city in 2022 for a failure to purge voter rolls, noting that only 22 people had been removed over the previous 6 years for inactivity in voting in federal elections. As part of the settlement, New York City agreed to remove 441,083 ineligible names out of approximately 5.5 million voters and promised to take reasonable steps going forward to clean its voter rolls. In October 2024, the Alabama Secretary of State was sued by the left-leaning Campaign Legal Center to stop an ongoing purge of its voter rolls within 90 days of the Presidential election, which is prohibited by the NVRA. A federal judge halted the purge of voter rolls, restoring active registration status for thousands of American-born and naturalized citizens, which would have otherwise made them not eligible to vote.

Are there partisan differences in purges?

In order to determine the proportion of purged voters to the total eligible voter population in each state, Everything Policy collected data on each state’s Citizen Voting Age Population (CVAP) and compared the total number of voters removed from voter rolls to its CVAP, as shown in the figure below. States are divided based on the partisanship of their Secretary of State (Republican or Democrat). States where the process is directed by an independent commission are labeled as Non-partisan. Each bar shows the average percentage purged for the states in the three groups.

There is no sign of partisan differences – the averages for the three groups are nearly the same.

Next, because voters are purged for various reasons, we look at the percentage purged for reasons other than “death” or “ moved” – in other words, all discretionary reasons for removal from failure to respond to a mailer asking to confirm registration status to felony conviction. The chart below shows the percentage of voters removed for these ‘other’ reasons compared to the total number purged across the three groups

Here again, there are no signs of significant partisan differences.

The Take-Away

Voter purges are a regular part of maintaining voter registration lists and are required by federal law.

While purge procedures differ across states, there is no sign of significant partisan differences in either the percentage of voters purged or the percentage of voters purged for reasons other than death or moving out of state.

There are also no significant differences between purge procedures administered by Secretaries of State elected as partisans compared to nonpartisan commissions.

When will we know who won the 2024 Presidential election?  The moment polls close is not the end of the process.  In some swing states, absentee ballots are accepted up to a week after the election.  In states that require photo ID, people lacking one can cast a provisional ballot, then have several days to confirm their identity.  In a close election, these votes may be enough to change the outcome.  Notably, because election officials in Pennsylvania cannot process any absentee ballots until Election Day, results there may change significantly as these votes are counted over several days’ time.

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How is hurricane severity measured?

The Saffir-Simpson Scale measures hurricane severity. It divides hurricanes into five groups, from 1 (winds 74-95 miles per hour, with damage expected to roofs, tree limbs, and power lines) to 5 (130 - 156 MPH, widespread catastrophic damage expected). A major hurricane is category 3 (111-129 MPH) or higher.

In 2024, Hurricane Helene came ashore as a category 4 storm. Hurricane Milton reached category 5 over the Gulf of Mexico, weakening to category 3 over the Florida coast.

Another way to measure storm severity is to calculate the dollar value of damage. By this measure, storms today are much more severe than a generation ago – but this conclusion reflects that coastal regions have become much more developed, so more buildings and infrastructure are being damaged.

Why might global warming produce more severe hurricanes?

The central argument for a link between climate change and hurricane severity is that hurricanes form over oceans and strengthen given large temperature differences between ocean water and the upper atmosphere. One observed consequence of global warming is that oceans are warming, increasing these temperature disparities.

For example, one study published in 2013 stated, “We conclude that since 1975 there has been a substantial and observable regional and global increase in the proportion of Category 4-5 hurricanes of 25-30 percent per °C of anthropogenic (human-caused) global warming.”

The best-available information (including the study quoted here) is that climate change has not affected the number of hurricanes each year.

What is the trend in major hurricanes over time?

There are two primary aspects to consider with the study quoted here. One is that the study looks at a relatively short time span, from the 1970s to the early 2010s. Hurricane experts have identified the 1960s to the 1980s as a time when there was an abnormally low number of hurricanes. A potentially more accurate analysis of whether global warming has affected hurricane severity should likely use a longer time span.

Moving to longer time spans raises a new problem: before 1980, some major storms were unrecorded because they did not make landfall or because coastal regions were largely uninhabited. Now, weather satellites provide global coverage. One potential solution to address this limitation is to adjust historical data by adding storms recorded in ship’s logs and other sources. Our analysis references updated data compiled by scholars at Princeton University and the National Oceanographic and Atmospheric Agency.

The chart below shows the adjusted number of major Atlantic Ocean hurricanes from 1930 to the present. Each point shows the number of major hurricanes for a given year.  There are two trend lines, one for the longer time and the other for 1975 - 2020 (the period cited in the earlier quote).

Examining data over the longer period (during which global temperatures have increased), there is little to no sign of any material increase in the number of major hurricanes. The red trend line does, however, show a significant increase over a shorter time, but this relationship goes away if we look at it over a longer time.

In addition, there have only been four category 5 storms since 1960: Camille in 1969, Andrew in 1992, Michael in 2019, and Milton in 2024.  At present, there is no sign of an increase.

The Take-Away

That news coverage of hurricanes links global warming to hurricane severity is not surprising: hurricanes strengthen as they move through areas of warm ocean water, and ocean temperatures are increasing.

The most comprehensive data available on record reflecting the number of major hurricanes over time does not show any material increase, even though global temperatures have risen over the same time.

The perception that hurricanes today are more dangerous than a generation ago may reflect increased populations and development in America’s coastal communities.

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What is polling?

Polls measure public opinion by interviewing a random sample of a community. The value of polling is that if samples are truly random and people respond truthfully, the responses from small samples are likely to be within a few percentage points of the broader population values.  

For example, suppose a poll of 1000 people in a state reports 47% support for a candidate. This result indicates that the actual support is likely to be between 44% and 50% (formally, the probability is .95 that actual support is in this range). If the sample size was increased to 5000, the range would narrow to 45.5% - 48.5% as the larger sample is a more accurate representation of the population.

Why do polls disagree?

Some polls are subject to partisan bias – those conducted by candidates, parties, or ideological organizations.  Most sources that collect poll data record whether a poll is partisan or not and discount the results when they build polling averages.  

However, even among reputable polling organizations, polls can yield different results because they use different random samples. One poll might reveal 47% support for a candidate, while a similarly-sized poll taken at the same time might reveal 45% support just because the polls interviewed different people.

Disagreements also stem from how polls are conducted. Pollsters use different methods to determine likely voters. Questionnaires are often phrased slightly differently. Some pollsters only ask about major party candidates, while others include third-party candidates and independents. Some pollsters force respondents to express a preference, while others allow an undecided option.

Americans are also increasinly reluctant to be polled. Of every 100 people contacted by a pollster, around five agree to participate. The solution is to weigh the opinions of some respondents more than others to make the sample resemble the population, but pollsters have different strategies for implementing this solution.

How should Americans interpret polls?

Most scholars and political professionals argue that we should focus on polling averages rather than individual polls. So, if one poll reports 47% support for a candidate, a second reports 46%, and a third reports 42%, these results are combined into an average. This average gives us a better picture of what’s happening in a political contest because it is based on a much larger sample and controls for differences in poll administration.

Each aggregator has their own strategy for combining polls.  For example, Real Clear Politics averages all available poll results for each contest, while 538 weights individual polls based on factors including the sample size and the pollster’s accuracy in past elections. 538 also excludes some pollsters who do not release enough details about their polling methods.  

Which polling averages are best?

To compare polling aggregators, Everything Policy selected three sites with a track record across multiple elections and compared their predictions for close Senate elections in 2018, 2020, and 2022. These contests are a good test of the aggregators, as the outcomes of most of these elections were uncertain even in the final days of the campaigns. (We look at Senate elections because there has not been enough presidential elections with good polling data to analyze predictions made about these contests.)

We asked two questions: did each aggregator’s polling average correctly predict the election outcome, and how far off was their final prediction about the vote received by the winning candidate? The chart below shows the results of this comparison.

Two results stand out. Despite their different approaches, the three aggregators have roughly the same accuracy, regardless of whether we compare their predictions about the outcome or the winning candidate’s vote share.  This result reflects the fact that the aggregators are all working with the same set of publicly available polls.  While each aggregator uses a slightly different averaging technique, there is no sign that these differences translate into an advantage for one over the others.  

Second, the results highlight the difficulty of predicting election outcomes.  By combining polls, the aggregators have very large samples to develop predictions.  Yet their final vote share estimates are on average several points away from the actual results.  This difficulty reflects a drawback with polling itself: it is difficult to get people to respond truthfully to questions about which candidate they support, whether that support will change, or whether they are likely to vote.  No known aggregation strategy can address these limitations.

The Take-Away

Measuring public opinion is not easy. There are many reasons why individual polls produce different findings about public opinion – reasons that have nothing to do with partisan bias by pollsters.

The best way to interpret political polls is to focus on polling averages rather than individual polls.

Of the three polling aggregators examined here, none stand out for generating more accurate predictions than the others.

The Current State of Immigration Court Cases

The dramatic increase in unresolved immigration cases is illustrated by the charts below. The first chart shows the underlying cause, an increase in the number of migrants attempting to enter the U.S. (Data for 2024 is annualized based on trend analysis.).

The rise in border encounters after 2020 is matched by a rise in pending deportation cases, as shown below:

Where Does The Backlog Come From?

Since 9/11, immigration enforcement has been the job of the Department of Homeland Security. In the wake of the terrorist attacks, immigration regulation and enforcement were hardened in line with anti-terrorism aims. Then-Attorney General John Ashcroft summed up the new approach in a speech to U.S. Mayors in October 2001: “Let the terrorists among us be warned: If you overstay your visa - even by one day - we will arrest you. If you violate a local law, you will be put in jail and kept in custody as long as possible. We will use every available statute. We will seek every prosecutorial advantage. We will use all our weapons within the law and under the Constitution to protect life and enhance security for America.”

With this change, undocumented immigration, which used to be largely dealt with through administrative proceedings, became a criminal matter. Undocumented immigrants are now charged with felonies, like unauthorized entry, and processed through immigration courts run by the Department of Justice.

Federal immigration prosecutions now represent a substantial percentage of federal court cases. Of 7,142 federal court convictions nationwide in July 2024, 2,703 (37.3%) were for immigration violations. The problem is much bigger in areas with high undocumented populations. Of 1,014 federal court convictions in Arizona in July 2024, 902 (89.0%) were for immigration violations.

The resources devoted to immigration cases have not kept pace with demand. In 2020, there were about 550 immigration judges. At the end of 2023, the number had grown to 750 – a 36% increase, but far short of the massive spike in pending cases shown in the earlier figure.

This lack of resources generates a backlog in two ways. First, when an undocumented individual is detained, they can plead guilty and be deported, or ask for a full trial in the hope that a judge will allow them to stay. Waiting for a trial requires them to stay in custody for months or years, but given the conditions that motivate people to leave their country (see our brief), detention is often preferable to being sent back home.

At the same time, the Immigration and Customs Enforcement (ICE) agency only has a limited capacity to house detainees. As a result, migrants claiming asylum are released to relatives or social services agencies and given a future hearing date. If these individuals fail to appear, a deportation case is filed. However, ICE does not have the resources to pursue these individuals. The primary way these cases resurface and are resolved is if these individuals are arrested by local police, who determine their immigration status and turn them over to ICE.

The Takeaway

The backlog of immigration cases in federal courts is the result of a significant increase in Southwestern border encounters and policy changes that criminalize undocumented immigration without adding sufficient resources (federal judges and detention facilities) to accommodate the changes.

Addressing this backlog will require either hundreds of new federal judges, much larger detention facilities, or a dramatic reduction in both undocumented entry and asylum claims.

Proposals for mass deportations of the undocumented ignore the fact that under current law, these individuals can delay their departure by asking for a full criminal trial. Significant deportations would likely require months or even years.

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Where are southern border migrants coming from?

The figure below shows the top 10 countries of origin for southern border entries from 2014 to 2024 (the 2024 data is annualized based on January - May entries). It is based on official Department of Homeland Security (DHS) reports of entries at official border crossings and arrests of people crossing the border elsewhere.

The Advance Travel Authorization (ATA) countries are Cuba, Haiti, Nicaragua, and Venezuela, whose citizens are eligible for ATA, which allows them to enter the U.S. automatically and work while their asylum claims are decided. “Other CSA” refers to other countries in Central and South America.

The figure shows the dramatic increase in migration to the U.S. over the last decade. Pre-pandemic, the majority of entrants were from Mexico. Now, migrants are coming from a much wider range of countries, both the ATA countries and other places such as Columbia (330 entrants in 2014 vs. 219,120 in 2024).

Why are migrants coming to the US?

Research shows that migration is often the result of quality-of-life issues, most notably poor economic conditions. The figure below illustrates this point using DHS migration data from Central and South American countries. The data point for each country shows its GDP per capita (2023 data) on the x-axis – this variable measures the strength of a country’s economy and the quality of life that its citizens can expect. The y-axis shows the percentage of the country’s population that entered the U.S. through America’s southern border in 2023.

The chart highlights the countries with a high percentage of migrants, including Honduras, Nicaragua, Cuba, Guatemala, Venezuela, and El Salvador. The chart shows why migrants are more likely to come from these countries than others. These eight countries are all relatively poor, with a GDP per capita of less than $10 thousand. (In contrast, the U.S. GDP per capita is over $80 thousand.) On the other hand, countries with stronger economies, such as Argentina, with a GDP of more than $20 thousand per capita, have virtually no migration to the U.S.

Other reasons for migration include fears of crime and living under an authoritarian political regime. For example, Honduras, which of the nations examined here had the highest rate of migration to the U.S. in 2023, also had one of the highest murder rates in the world – 38.3 per 1000 compared to 6.8 per 1000 in the U.S. The same is true for Mexico. High migration rates from Cuba, Haiti, Nicaragua, and Venezuela, in part, are driven by repressive governments that imprison citizens (all are rated as “Not Free” by Freedom House, a respected NGO that evaluates political freedoms in countries throughout the world).

The Take-Away

The U.S. faces an ongoing problem: many Central and South American people want to immigrate to America. Our recent analysis shows that new policies are reducing the number of migrants, at least for now.

This brief expands on the earlier analysis to show how quality-of-life issues drive migration decisions. Migrants are not just coming from Haiti, Cuba, and Venezuela. Rather, migration is happening throughout Central and South America from countries with weak economies, high crime rates, and repressive political regimes.

It is an open question whether the U.S. should assist countries in Central and South America with improving the quality of life of their citizens. Our findings raise the issue that if improvements do not happen, would-be migrants may find new ways to evade restrictions on the southern border, leading to increased entries and a continued border crisis.

What is the Trend for the National Debt?

When the federal budget is higher than tax revenue received in a given year, the federal government has a budget deficit and the Treasury Department issues bonds to make up the difference. Investors—people, other governments, and financial companies—buy these bonds because they offer a fixed and guaranteed interest rate (typically in the 2-5% range). These bonds cover the difference in spending vs. tax revenue, but lead to an increase in the national debt, which is the sum of every year’s deficit plus the interest owed on the money borrowed.

The standard way to measure the size of the national debt is as a percentage of Gross Domestic Product (GDP), the amount of goods and services produced by the U.S. economy. After an increase during World War II, the national debt was about 40% of GDP until about 1980. Since then, however, the debt has steadily increased, exceeding 100% of GDP in recent years, as shown in the figure below.

The 100% debt to GDP level is seen by some economists as the point where the national debt should begin to have significant negative effects. However, despite the national debt being over this level since 2010 or so, these effects have not been observed. Except for a brief spike in inflation and interest rates caused by supply chain disruptions during the COVID pandemic (see our Inflation brief for details), Americans have generally enjoyed low unemployment, moderate economic growth, and a rising stock market.

Moreover, as the figure below shows, the increasing debt has not affected the distribution of federal spending. The figure aggregates spending into four categories: entitlements (Social Security, Medicare, Medicaid, etc.), defense, interest payments on the debt, and everything else. For details on each type of spending, see our policy briefs on federal spending.

The figure shows that the percentages of GDP spent on each category are roughly the same over time. There are two exceptions: (1) a spike in spending on non-defense, non-entitlement programs in 2020-21 due to COVID assistance programs and (2) a slight increase in interest payments beginning in 2021, due to the higher interest rates on government bonds used to finance the deficit.

Why The Debt Matters

The stability in federal spending levels is about to change. The chart below shows the predicted change in actual spending in 2023 versus projected spending for 2029 – five years from now.

Over the next five years, interest payments will increase almost 30 percent due to the increased size of the national debt and the higher expected interest rates that will be paid on government bonds. The chart shows how this increase will affect spending on other non-interest payment categories if no significant changes are made to policies regarding taxing and spending. The likely outcome - Defense spending will increase by only 1 percent. Entitlement spending will decline by almost 10 percent. And spending on all other government programs will decrease by over 30 percent.

The Take-Away

While the increasing national debt has not yet damaged the American economy, it is about to have a serious impact on federal spending. As debt payments increase, spending on all other programs will be crowded out. With the exception of defense spending, every other federal program will see spending cuts, in most cases at a severe level.

Cutting the national debt will require painful choices to raise taxes and / or cut spending, requiring a debate over what the government should and should not do. Our brief shows that if these choices are not made, increasing debt payments will constrain virtually every non-defense federal program, without regard to the priorities held by the American public.

What are the new policies?

The measures implemented in recent months include the following:

• Increased border patrols to reduce unauthorized entries
• Increased border agents at ports of entry to reduce processing times
• People who try to enter the U.S. illegally cannot make a subsequent asylum claim
• Individuals who were found to be threats to public safety or national security are subject to expedited deportation
• Changes to the asylum process to reduce processing time
• Informal agreements with the Mexican government to reduce the flow of people entering the U.S.

These changes are designed to reduce legal and illegal border entries by (a) reducing the flow of people traveling from Mexico to the U.S. border, (b) increasing the chances that people trying to cross the border illegally will be apprehended, and (c) reducing the number of people living in the U.S. while their asylum claims are being decided.

How can we assess the effectiveness of the new border policies?

None of these changes are guaranteed to be successful. Border-crossers may be able to evade increased patrols. The Mexican government may promise change but do little or nothing. Adding personnel to evaluate asylum claims may not have the desired outcome in reducing processing times if other changes aren’t made to increase efficiency in reviewing claims.  

In addition, many changes may take time to be effective. At present, there are over two million pending asylum claims, with only about ten thousand being decided per month. Even if the monthly processing rate is doubled or tripled, there will still be millions of pending claims a year from now. Moreover, since the Department of Homeland Security (DHS) only releases asylum data annually, it will take until 2026 before we can fully assess the effectiveness of the 2024-era policy changes.  

One variable that allows a near-term assessment is monthly data on border encounters. An encounter occurs when a Border Patrol agent spots an individual trying to cross the border between ports of entry (whether or not the individual is eventually apprehended). Encounter data captures in-person efforts, but also identifications made by fixed video cameras, drones, and other surveillance technologies.  

In principle, increased patrols, penalties for illegal entry, faster processing of asylum claims, and Mexico’s efforts to reduce migrants crossing into the U.S. are designed to reduce the number of unauthorized border crossings – both by reducing the supply of would-be entrants and by increasing the costs (risk) of trying to enter the U.S. illegally. If these policies work, we should see a reduction in monthly encounters.

What is the trend in encounters on the southern border?

The figure below compares monthly 2024 encounters released by DHS with data from 2022 and 2023. 2024 data is the black solid line, while the average monthly encounters for 2022 and 2023 is a dashed line.  

Comparing the 2024 data with the earlier years reveals two things. First, border encounters in July 2024 are down by almost 50 percent compared to January 2024. Moreover, July 2024 encounters are also down almost 50 percent compared to the same months in 2022 and 2023.

The Take-Away

The data provides two insights into the effectiveness of the federal government’s recent border policy changes. Border encounters for July 2024 are at their lowest levels since 2022, and are significantly lower compared to 2022 and 2023.  

The critical questions are whether the decline in border encounters continues in the coming months and whether data on asylum claims will reflect an increased number of claims being adjudicated. The data does reflect a decline in Southwestern border encounters, but given the cyclical nature of border crossings, it will take further analysis throughout the remainder of 2024 to determine if the new policies are reducing asylum claims and illegal entries on a sustained basis.

How much charging infrastructure exists at present?

The U.S. Department of Energy’s most recent report on EV infrastructure determined that for an EV driver to be no more than three miles from a fast-charging station in any city or town, there would need to be a charger density of 56 stations per 1,000 square miles. This number is significantly lower than the density of gas stations, which have an average density of about 960 stations per 1,000 square miles.  The chart below shows the density of charging stations by state, with the EPA recommendation as a dashed line.

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The data shows that only two states, Massachusetts and Connecticut, have charging station densities above the EPA recommendation.  Many large, low-population Western states, such as Wyoming or Montana, have relatively few charging stations.  Moreover, even some high-population states, such as Texas and Illinois, are well below the EPA requirement.  

While this data does not assess population density, geographic conditions (e.g. seasonal temperatures where batteries perform better or worse), the exact specifics of these charging stations themselves (accessibility, parking allotment, etc.), or whether charging stations are located in the right places to satisfy the EPA’s 3-mile requirement, they provide a first look at the number of new stations needed to satisfy the U.S. Department of Energy’s guidelines.  

How many new charging stations are needed?

Based on analysis by Everything Policy’s research team, the chart below shows the number of new charging stations needed in each state to satisfy the EPA’s 3-mile guidelines.  Overall, this goal requires the addition of over 160,000 charging stations.

Similar to the previous chart, the number of new stations is especially high in large, low-populated western states such as Montana.  However, even California, which has one of the highest station densities, needs over 5000 new stations. And Texas, which is both large in terms of square miles and has a high population, needs over 10,000 new stations to meet EPA requirements.  At the other end, many Northeastern states, such as Rhode Island or New Jersey, need relatively few new stations to join Massachusetts and Connecticut in having a dense network of EV charging stations.

The Take-Away

Few analyses of EVs as the primary mode of personal transportation have considered the infrastructure needed to make this transition work.  Our analysis shows that over 160,000 new charging stations are needed to meet the EPA’s 3-mile guideline.  Based on Department of Energy estimates, a new 10-port charging station may cost nearly $400,000, including hardware, land costs, and construction.  If so, the cost of a national network is nearly 80 billion dollars – much more than the 5 billion dollars currently allocated by the federal government for new charging stations.  Moreover, building this network may require the use of eminent domain (see our Brief on Eminent Domain in Further Reading) to construct the number of EV charging stations required in the optimal locations.

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What is the documented rate of police misconduct?

Police misconduct is difficult to document. Departments are not generally required to disclose the number of complaints filed against officers, so the data must be obtained from cooperative departments or through public records requests.

For this brief, Policy vs Politics analysts used the following sources:

• Data collected by the Invisible Institute’s Civilian Police Data Project for misconduct cases in the Chicago Police Force during 1988 – 2018
• Data collected by the New York City Civil Liberties Union for misconduct cases in the New York City Police Department during 2000 – 2021
• Data collected by the Invisible Institute and local USA Today reporters for 700 police departments (out of 1800 total) in 44 states covering misconduct cases during 2010- 2019

These sources include information on misconduct complaints, the percentage of complaints substantiated, and the punishments given to offending officers. Policy vs Politics analysts used data in the reports to calculate the total number of officers serving in these departments during the periods.

The chart below shows the percentage of officers with one or more complaints filed against them (solid bar) and the percentage with at least one substantiated complaint (striped bar). (The latter percentage could not be calculated from the 44-state study.)

Interestingly, the three sources agree that over a decade, about a quarter of police officers will be accused of misconduct. However, based on data from the urban departments, only a fraction (about eight percent, or a third of those accused) of these officers will be found to have committed misconduct.

The other way to inept this chart is that during the time frame analyzed here, nearly ninety-two percent of America’s police officers were   accused of misconduct or were exonerated after an investigation. This conclusion is consistent with another finding raised by all three organizations: a relatively small percentage of officers (about 5%) account for most complaints.

The next figure details the percentage of officers whose misconduct is serious enough to warrant significant punishment. For the 44-state study, it is the percentage of officers fired from the force. For New York City, it is the percentage fired or given serious sanctions such as suspensions of greater than a week or loss of more than a week’s vacation days. For Chicago, it is the percentage of officers fired plus the percentage of officers who resigned rather than accept their sanction, presumably a multi-day suspension or firing.

These data refine our understanding of police misconduct. While about eight percent of officers are found to have committed misconduct, the percentage whose behavior was serious enough to warrant a major punishment is around three to five percent. In other words, if Americans are concerned about reducing police misconduct, it is important to see that the problem is limited to a small percentage of  officers. The challenge is identifying these officers before they commit serious offenses and determining what type and level of training, professional development, and other assessments can be done to mitigate any potential negative impact to the community.

What kinds of police misconduct occur?

The 44-state study contains detailed information on the nature of offenses committed by police officers, as shown in the figure below.

Use of force involves threats or violence against suspects, detainees, and civilians. Substance abuse is the use of illegal drugs or excessive alcohol consumption. Perjury involves lying to superiors or in court. Theft is taking official property or evidence. The final category covers all other offenses.

Use of force complaints against the police only accounts for about a third of misconduct cases. Out of the rest, the most common offense is substance abuse. Perjury accounts for just over ten percent of police misconduct cases, as does theft.

The Take-Away

In recent years, there have been many well-publicized cases of clear police misconduct involving the injury or death of detainees or the unwarranted use of force against individuals suspected of committing relatively minor crimes. One interpretation of these incidents is that many officers can commit misconduct under certain conditions and that major reforms to police training and policies are needed.

However, available data does not support this conclusion. Even over a decade, relatively few officers are found to have committed any kind of misconduct. The percentage found to have committed major misconduct is even smaller. And many misconduct cases do not involve the use of force at all.

The problem police departments face is not to completely rethink law enforcement. It is to identify the individuals whose records suggest they are capable of major acts of misconduct. This task is difficult, particularly because few departments are willing to analyze their misconduct data or allow outside organizations to do so. Relaxing these restrictions and developing new ways to identify and isolate problem officers may help reduce the likelihood of major police misconduct.

Official Crime Statistics

The best data about crime in America comes from the Federal Bureau of Investigation Uniform Crime Reporting (UCR) System, which collects data from local police and sheriff’s departments. The two charts below show the trend in reported rates of violent crime (murder, assault, etc) and property crime (burglary, larceny, etc.) in America over the last 30 years. Each chart shows the number of crimes per 100,000 people.

The charts show that crime rates have declined by over 50% over the last three decades, with a very small rebound in property crimes during the COVID-19 pandemic. The same pattern shows up in data from the U.S. Bureau of Justice Statistics, which annually surveys Americans to determine if they have had crimes committed against them. At the national level, crime rates have declined, regardless of how we measure it.

Public opinion about crime

Americans believe crime is increasing. A 2024 survey by the Pew Research Center showed that 58% of Americans (68% of Republicans and 47% of Democrats) believe reducing crime should be a top priority for the President and Congress. Moreover, 77% of those surveyed believe that crime has increased in the U.S. over the last year, and 55% believe it has increased in their community.

The Pew report also notes that despite decreasing crime rates over the last 30 years, in 23 out of 27 annual Gallup surveys conducted during this time, at least 60% of respondents believed that crime rates were increasing.

Why do Americans believe crime is up when the national-level data says otherwise?  One argument is that responses to questions about crime reflect partisan ties, with Republican voters saying crime is a problem because a Democrat is in the White House. However, the Pew data shows that many Democrats are also concerned about crime.

A second argument is that Americans are responding to sensationalized crime coverage on local news media and social media. There is no doubt that Americans today see more stories about crimes than they did a generation ago. However, the Gallup data suggests that something else is going on. The mismatch between declining crime rates and increased public concern about crime existed long before the Internet.

Further analysis suggests a possible different explanation for the mismatch. The outcome may be a consequence of measuring crime at the national level. When we look at local data, a very different picture emerges, one where the public’s concerns about rising crime are more aligned with what the data reflects.

Crime at the local level: New York City

For our analysis, we use crime data from 2000 - 2023 reported by the New York Police Department. The chart on the left below shows annual crime rates in New York for seven major felonies (murder and manslaughter, rape, robbery, assault, burglary, grand larceny, and auto theft). As in the national data, the overall trend is downward, meaning less crime over time. However, there is a significant spike (over 20%) in felonies from 2019 to 2023.

The Take-Away

Many observers of American public opinion question surveys that reveal the public’s high levels of concern about crime. Why are people worried when crime nationwide has been declining for three decades? In communities experiencing similar outcomes like New York City, the answer is clear: local crime data reveals a different picture, with felonies up almost 20% in recent years and auto thefts skyrocketing nearly 200%.

This data suggests a new explanation for the public’s concern about rising crime: national trends may miss what some Americans see in their local communities. Crime may be declining nationwide, but at the same time, it is increasing in many communities, leading people who live in these communities to conclude that crime rates are a pressing problem based on what they are experiencing firsthand.

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What is Section 230?

Section 230, part of the 1996 Communications Decency Act, shields the owners of internet platforms (such as internet service providers, website owners, and social media websites) from legal liability for content created and posted by users.

Section 230 was enacted to regulate the new communication environment created by the Internet. Before the Internet, it was not easy to put ideas before the public. You had to go through a content publisher (work for a newspaper or TV station or write a letter to the editor) or be a publisher yourself. Today, Internet sites feature content created by users, whether on message boards like Reddit, social media sites like Facebook, YouTube, Twitter, and Instagram, or consumer review sites like Yelp. The rise of these forums raised two questions. First, under what circumstances could or should websites be responsible for material posted by users? Second, under what circumstances could those websites be required to keep user-posted content they found objectionable?

Section 230 was designed to address these issues. Under Section 230, platforms must set up procedures to remove “material that the provider or user considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable” and act in “good faith” when moderating content. As defined by the courts, examples of bad faith include banning users based on their political beliefs alone (such as a website owned or influenced by a particular political party banning posts published by the opposing party or posters that support the opposing party) or removing posts from competing companies (such as Facebook banning all ads for Twitter). The content-removal procedures in Section 230 are used frequently. The plot below shows the number and types of posts that Facebook investigated and removed from its website in the Fall of 2022.

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How is Section 230 different from the laws that govern print or broadcast media?

Standard law defines book publishers, newspapers, and TV and radio broadcasters as having full control over their content. As a result, it’s the law’s intent that these companies are held liable for all content that they publish. If they publish false, obscene, or defamatory content, they can be fined, taken to court, or, in the case of TV and radio stations, even lose their broadcasting license.

Section 230 creates a different set of rules for internet hosts. Hosts don’t have to check everything posted on their websites – they only have to respond if someone complains. Section 230’s impact goes beyond social media websites. For example, the home rental site Airbnb was protected by Section 230 when hosts improperly listed their short-term rentals in communities where rentals were prohibited by local laws. The court found that Airbnb was not liable for the illegal listings, and the responsibility fell on the hosts for not following local laws.

One exception to Section 230’s provisions is that internet platforms are legally liable for posts that involve sex trafficking. They can be held responsible for revenge porn (sexually explicit images posted by a former partner without the subject’s consent). It is also illegal for platforms to post, promote, or publish nonconsensual sexual images, targeted harassment, and terrorist communications.

What are the arguments against Section 230?

Some opponents of Section 230 believe that it gives platform owners too much power to decide which posts are removed, limiting the free speech of users. Thus, when Twitter, Facebook, and other social media sites suspended then-President Trump’s accounts in early 2020, some conservative commentators argued that he was being removed because platform owners disagreed with his political views and claims about the 2020 election, not because his comments were dangerous or defamatory.

Another consequence of Section 230 is that platforms can take down content without allowing the poster to appeal their decision. Thus, former President Trump had little or no way to appeal the decisions that removed his access to Facebook and Twitter. The same is true when platforms refuse to remove content. People who claim they are victims of online harassment, defamation, and other harmful conduct have few options to appeal a platform’s decision that these posts are allowable. Similarly, if Airbnb removes a rental because they believe the owner has violated the site’s rules, there is no higher authority or forum where the owner can ask for redress.

Another complaint about Section 230 is that it does not do enough to punish, impose monetary fines, or otherwise require specific follow-on communications by internet platforms for distributing information that is later found to be misleading or false. For example, a Facebook post might falsely claim that a new drug can cure cancer. Until Facebook is notified about the falsehood and reviews it, the website is not responsible if people read the post, forgo conventional treatment, and take the drug instead.

How do other nations regulate the Internet?

In some cases, other nations place a higher level of responsibility on the owners of internet platforms to monitor the content posted to their websites and to remove illegal content. The European Union’s E-commerce Directive allows internet intermediaries that are “mere conduits” broad immunity similar to Section 230. However, this provision does not apply to most social media websites, who must promptly take down illegal content once they receive notice. In addition, under the EU regulations, platforms have some responsibility for monitoring information posted to their websites and removing false information or hate speech if no one complains. India’s Information Technology Act of 2000 requires the removal of illegal content within 36 hours of notice and only provides immunity to those who do not initiate content, modify content, or determine who sees the content.

What are the proposals for reforming Section 230?

Proposals for reforming Section 230 generally narrow the broad immunities that platform owners currently enjoy. For example, one proposal would make platform owners legally liable if their decisions about keeping or removing content deviate from the criteria stated in their written policies. For example, in the case of removing former President Trump from Twitter, the new standard would allow the former President to take Twitter to court, where a judge or jury would decide whether Twitter had acted appropriately.

Additionally, some propose bringing US law closer to the EU standard, altering the “knowledge” standard to a “should have known” standard. This change would hold platforms accountable if they do not review information for veracity even before someone complains. Thus, in the earlier example of a Facebook post about a fake drug, the new standard would make Facebook liable if people were harmed by the useless drug. The Santa Clara Principles, proposed by a group of academics, civil rights advocates, and tech companies, provide a set of guidelines for content moderation, including greater transparency in the moderation process and an appeals process for people who believe that a platform has acted incorrectly.

There are ongoing court challenges to Section 230. In the case of Force v. Facebook, the plaintiff argues that Facebook should be held liable for the sale of firearms on its platform, despite Section 230 immunity. Similarly, in the case of Biden v. Knight First Amendment Institute, the plaintiffs argue that social media companies should be held responsible for violating users’ First Amendment rights when they remove a post. If courts ruled against Section 230 immunity in cases like these, it could significantly change current policy by holding platforms accountable for a wider range of potentially harmful content on their platforms. This shift could pressure companies to moderate their content more closely, potentially limiting the free speech protections that Section 230 was designed to uphold.

What is an entitlement?

An entitlement is a federal program that provides benefits to any American citizen who qualifies.  Examples include Social Security, which sends payments to retired Americans, SNAP (Supplemental Nutrition Assistance Program), which helps low-income Americans pay for food, and Medicare, which funds health care for retired Americans and some non-retirees.

A key feature of an entitlement is that the government’s commitment to providing benefits is open-ended.  For most federal programs, spending levels are set each year by appropriation bills that are passed by Congress and signed by the President.  The government cannot spend more than the amount appropriated.  With an entitlement, as long as the law that established benefits remains in place, the government must spend as much money as needed to provide these benefits to everyone who qualifies, regardless of whatever spending limits are in the enacted budget.

For example, one entitlement administered by the Medicare program pays for kidney dialysis for anyone who needs it.  In recent years, the program has served about 500,000 people per year at a cost of about $6.5 billion.  However, if an additional 300,000 people needed kidney dialysis in 2023, the Medicare program would have to pay for dialysis for all of them.  Administrators could not restrict coverage to those people already receiving dialysis, limit the number of new participants, or announce they were only going to pay 80% of actual costs for everyone to limit costs.   Until Congress and the President change the law, everyone would have to be covered.

What entitlements exist today?

The best-known example of an entitlement program is Social Security, which sends monthly checks to retired Americans. This program was created in 1935.  People who have worked for at least 10 years qualify for partial Social Security benefits at age 62.  The age to qualify for full benefits depends on birth year; for anyone born in 1960 or later, it is 67.  The size of an individual’s benefit depends on their lifetime income.  Americans contribute to Social Security through paycheck deductions. Currently, individuals and their employers each pay a 6.2% tax on income up to $142,000. Because payroll deductions do not pay for the entire cost of the program, the remaining benefits are funded through the federal budget.

Two other well-known entitlement programs are Medicare and Medicaid.  Medicare pays for health care for seniors and the disabled, while Medicaid provides health coverage to the poor.  Medicare coverage is guaranteed to anyone over the age of 65.  Funding is provided through payroll deductions (individuals and their employers each pay 1.45% of income), through premiums paid by Medicare recipients, and from the federal budget.  Other federal entitlements include unemployment benefits, welfare benefits, housing subsidies for the poor, and SNAP.

What do entitlement programs do?

Federal entitlement programs are intended to provide a safety net for individuals during recessions, personal crises (including health and mental health issues), and old age, ensuring that they can maintain a decent standard of living regardless of income.  For example, Medicaid benefits were received by 62% of nursing home residents and about half of disabled adults.  Without these payments, few of these individuals could afford to pay for skilled care.  Similarly, 83% of children whose family income is below the poverty line receive Medicaid support for routine medical care as well as medical emergencies.  Without the federal entitlement, most of these children would not have any health coverage.

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Programs like SNAP, the child tax credit tax, and housing subsidies have been shown to reduce the number of households with children that are in poverty by more than 60%.  Moreover, data shows that children in lower-income households that receive benefits from entitlement programs perform better in the labor market as adults.   One of the most notable achievements of an entitlement program is how Social Security reduced poverty rates for seniors.  As the figure shows, the actual poverty rate among American seniors (9%) would be over four times higher (38%) without Social Security benefits.

How much do entitlements cost?

Entitlement programs make up an increasingly large portion of federal spending, from about 30 percent in 1960 to over 60 percent in recent years. The figure below shows the estimated cost of several large entitlement programs for the current fiscal year (October 1, 2022 – September 30, 2023):

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Health programs include Medicare, Medicaid, and the Child Health Insurance Program (CHIP).  Income security includes programs such as unemployment benefits, TANF, and SNAP.

This chart illustrates the central issue with entitlement programs: while there is strong public support for most of the benefits these programs provide, providing these benefits is costly.  An aging population, increased life expectancy, and increasing healthcare costs will continue to put further stress on entitlement spending over the next 30 years as the Baby Boomer generation begins to reach the age to collect entitlement benefits. As shown in the diagram below, Medicare spending is projected to double to $1.844 trillion by 2031.

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Increasing lifespans and declining birth rates also create problems for Social Security.  Older Americans are collecting benefits for a longer time, and there are fewer younger Americans paying into the program.  Since 2010, the trust fund has been receiving less in payroll taxes than it has been paying out in benefits.  Currently, this shortfall is being covered from reserve funds.  If the program is not changed, the trust fund will be able to pay only about 80 percent of full benefits to recipients after 2035.

Controlling entitlement spending

There are three ways to reduce the growth of entitlement programs.  First, benefits can be cut, either for current or future beneficiaries.  Second, current or future beneficiaries can pay a greater share of the program’s cost.  And third, eligibility requirements for an entitlement can be changed to reduce the number of people who receive benefits.

Proposed reforms to the Social Security program provide a good example of these strategies.  Most studies identify a similar package of policy changes to close the gap between benefits and receipts:

• Currently, the Social Security tax is collected only on the first $147,000 of an individual’s income. Reforms would increase this limit or eliminate it entirely.
• Increase the age where a person is eligible for Social Security (currently 62) or can collect full benefits (currently 67 for those born in 1960 or later) by several years, to 65 for partial benefits and 70 for full benefits.
• Change the formula used to adjust Social Security benefits for inflation (the current formula causes benefits to rise slightly faster than the actual inflation rate experienced by retirees).
• More significant changes would limit the maximum size of Social Security benefits or move to a system where everyone receives the same benefit. Another proposal is to invest a portion of the trust fund in stocks and other securities.  Doing this might increase the size of the trust fund but could also create larger problems paying full benefits during a stock market downturn.)

These proposals illustrate a central issue with entitlement reform: there are no easy solutions.  Curbing increases in the cost of these programs involves pain in the form of higher taxes or lower benefits for someone, either current recipients, future recipients, or both.  Conversely, if no changes are made, entitlements will capture an increasing share of federal spending, leading to higher taxes, increased budget deficits, or cuts in other government programs.

What are the major components of discretionary spending?

Federal discretionary spending pays for much of what the government does outside of defense and entitlement programs.  This spending is “discretionary” because the spending levels for these programs are set each year in the budget enacted by Congress.  There is nothing preventing politicians from eliminating any or all discretionary spending – or increasing it to whatever levels they or their constituents want.

The chart below shows the major components of discretionary spending for the fiscal year ending on September 30, 2022.  

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The categories illustrate the wide range of activities performed by federal agencies:

• Agriculture includes payments to farmers as well as food assistance to the poor.
• General government programs pay for administrative staff as well as salaries for elected officials.
• Science and technology programs include NASA (National Aeronautics and Space Administration) and other agencies such as NSF (National Science Foundation).
• Commerce spending covers enforcement of tariffs and trade regulations as well as efforts to promote economic development.
• Law enforcement funding pays for federal law enforcement including border control.
• Transportation spending covers federal programs to build and maintain roads and bridges as well as the Federal Aviation Agency.
• Community development programs pay for grants to local cities and towns throughout the United States.  
• Health spending funds the Centers for Disease Control and other public health initiatives.
• International affairs programs include direct foreign aid to other nations as well as contributions to the United Nations and other international agencies.
• Income security programs include the federal government’s contribution to state and local welfare agencies.
• Natural resource and environment spending funds agencies such as the US Forest Service and the Environmental Protection Agency.  
• Education funding includes aid to elementary and secondary schools as well as universities and vocational programs.

How has discretionary spending changed over time?

The figure below shows that as a percentage of GDP (Gross Domestic Product, which measures the size of the US economy), federal discretionary spending has remained relatively constant over time, amounting to about 6 – 4% of GDP for the past forty years. In general, discretionary spending has stayed the same or even declined over this time.  

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The two exceptions to the overall flat trend in discretionary spending both involved a response to emergencies.  In 2009-11, federal spending increased in response to the 2008 financial crisis, including subsidies to businesses and economic stimulus spending on roads, bridges, and other infrastructure.  The more recent spike in discretionary spending involved expansions of health care programs and economic stimulus in response to the COVID pandemic.  

What parts of discretionary spending are smaller than generally thought?

One of the most important features of the discretionary spending chart is the finding that federal spending in some areas is much smaller than commonly believed.  Consider international assistance. Total funding (not including military assistance) amounted to $71 billion dollars in 2022 – just over one percent of total federal spending.  This funding includes programs to deliver health care, strengthen education, build democracy, assist refugees, and increase economic development.  

Similarly, funding for science and technology research throughout the federal government amounted to $37 billion dollars – about one-half percent of total spending in 2022.  Slightly more than half of this funding was for NASA, but additional funds were for programs such as the Energy Department’s general science program and the research on crop yields funded by the Department of Agriculture.

‍How much of discretionary spending goes to “waste, fraud, and abuse”?

One common complaint about federal spending is that the government spends too much money on programs of little merit.  One response to this claim lies in the list of specific programs discussed earlier.  For each one, it is easy to identify large groups of people who favor the program or directly benefit from its spending.  The point is not that such support justifies the spending, but that the federal government does very few things that no one (or very few people) want.

One systematic analysis of possibly-wasteful government spending comes from the non-partisan organization Citizens Against Government Waste, who publishes the Congressional Pig Book, an annual list of budget items that were spent without being included in an earlier authorization resolution, were not requested by the President, and were not competitively awarded.  Typically these programs were added to the budget by individual members to serve largely local interests.  The Pig Book may overestimate the amount of waste in the federal budget, as it is likely that some of these programs are strongly supported by the public and provide important benefits.  Even so, of the nearly one trillion dollars of discretionary spending in the earlier table, the Pig Book flags only about $16 billion dollars as potentially wasteful spending, or only about two percent of total discretionary spending.  

How does federal discretionary spending compare to spending by states?

While federal discretionary spending has declined over the last generation, spending by state and local governments has increased.  The following chart shows state and local governments spending as a percent of GDP since 1970.   Over this time, spending has increased from about 10 percent of GDP to almost 14 percent.

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Can discretionary spending be reduced?

In principle, discretionary spending is the easiest kind of spending to reduce.  And for entitlement programs such as Social Security or Medicare, the government is required to budget as much as needed to deliver the program’s benefits as mandated by law.  The only way to reduce entitlement spending is to change the underlying laws that define what beneficiaries receive from the programs.  Discretionary programs, in contrast, have no mandated spending levels – members of Congress can reduce spending as much as they want (or even eliminate programs entirely) by changing the annual appropriations bills that fund the federal government.  

The question is, what programs are elected officials and their constituents willing to cut?  The data we have shown here suggests that there are very few truly wasteful government programs that no one wants.  Reducing spending will require true pain, where the government stops (or reduces funding for) programs that deliver benefits and receive public support.  In this sense, cutting discretionary spending involves a benefit and a cost: lower spending, but also fewer government services.  

One other important point made by these graphs is that discretionary spending is not the principal driver of overall federal spending or of the federal budget deficit.  As we discuss in other policy briefs, the increases in recent years are driven by (a) tax cuts, (b) increased spending on entitlements and defense, and (c) spending on COVID-related assistance.  In contrast, discretionary spending is not out of control; if anything, it has decreased in recent years.

How much does America spend on national defense?

Last year, the US spent almost $800 billion on defense, or about 3% of Gross Domestic Product (GDP, a measure of the size of the US economy), with roughly equal amounts for the Army, Navy and Marines, and the Air Force.  

It is important to remember that this budget does not take into account expenditures for active warfare; it is only the cost of maintaining the United States military during peacetime. For example, Congress spent around $2.3 trillion in ‘Overseas Contingency Operations’ in the 20 years since 9/11.  The total also does not include military assistance to other nations, such as the over $30 billion in weaponry sent to Ukraine over the last two years.

What are the major components of defense spending?

Defense spending can be broken down into several major categories. Operations ($278.1 billion) maintains bases and military hardware and pays for fuel and other logistics.  Personnel ($172.7 billion) includes pay for 1.3 million military personnel as well as 750,000 civilians who work for the Department of Defense.  Procurement ($162.2 billion) pays for new hardware, from airplanes to office supplies.  Research and testing ($136.7 billion) funds the development of new technologies and weapons systems.  

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‍How has the size of the defense budget changed over time?

The national defense budget makes up a significant portion of overall federal spending, though the specific amounts have changed over time.  In general, the overall budget has increased dramatically since the 1960s.  On the other hand, defense spending as a percent of GDP has dropped considerably in the same time frame.

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How does America’s defense budget compare to its allies and principal adversaries?  

The US spends more on national defense than any other country, including other large industrialized countries. In fact, America’s current military spending is more than the next 11 highest-spending countries combined. (One caveat is that official spending levels in authoritarian regimes may significantly underestimate actual spending.)  However, as shown below, measuring defense spending in terms of GDP shows that US spending is comparable to its allies and adversaries.  The US spending rate (3.5%) is most of the G7 countries, but below Russia (4.1%).

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Why is defense spending so high when we’re not at war?

A large defense budget is crucial for preserving national security interests, both domestically and internationally.  A large military may deter aggression by other countries.  Cuts to the defense budget could weaken our military capacity and make it difficult to be at high capacity should a conflict arise.  In addition, a large defense budget helps the broader economy by maintaining employment numbers and supporting the entire defense industry. Nevertheless, critics point out that high defense spending comes at the expense of using public funds to support domestic programs or infrastructure projects.  

What are the options for cutting defense spending?

Cutting defense spending is a complex and politically sensitive issue. Policymakers could reduce personnel, equipment, global operations, or research and development spending.  They could also reconsider US alliances. However, each option has serious potential consequences.

Reducing the number of personnel would lead to major cuts in defense spending. However, any significant cuts would increase unemployment and limit the capacity of the DoD to undertake its missions.

Cutting spending from the other major areas could result in reduced military readiness and a more vulnerable national security status. Research and development funding remains vital as the United States fights to maintain competition with China, which currently leads in the competition for emerging technologies.  Weapons procurement is equally essential as we prepare for future engagements or assist partners during a conflict like Ukraine.

A final method to reduce the defense budget would be to reconsider our foreign commitments and overseas presence. Since WWII, the US has been heavily involved in many alliances, security agreements, and partnerships, each with its own financial obligations. Such commitments are arguably in our national security interest, but further deepen our defense budget and cannot be easily removed without angering partners.  However, renegotiation or outright withdrawal might lead to significant cuts in defense spending.

Why Do Nations Trade?  

The basis of international trade stems from comparative advantage: each nation concentrates on producing primarily those goods and services where they are the lowest-cost supplier (or leverage some form of unique, technical or related advantage), and import most everything else from other nations. In this way, trade increases efficiency and economic growth.  

A nation’s comparative advantage depends on factors such as the skills held by its labor force, infrastructure, and natural resources. For example, while Vietnam has a comparative advantage in manufacturing due to lower labor costs, the United States specializes in service industries. By the logic of comparative advantage, the United States should export services such as management consulting and financial advising, while Vietnam exports textiles, machinery, and computer chips.

The downside of comparative advantage is that domestic industries might be outcompeted due to foreign competition, resulting in unemployment and economic hardship. Following this example, an American retail company might buy clothing from a factory in Vietnam because it costs less than buying the same items from an American clothing factory. (On average, manufacturing labor costs in Vietnam are much lower than in the United States). The American company’s imports keep the Vietnamese factory in business and allow it to sell products at a lower price – but it might put some American clothing factories out of business because they cannot match the cheaper prices of their Vietnamese counterparts. Additionally, in some instances the country importing such products or services could lack control over quality and availability of critical items like prescription medicines.

What Are The Main Options For America’s Trade Policies?

Generally, trade policy involves a choice between free trade and protectionism. A free trade policy encourages individuals and businesses to purchase the cheapest-possible products that serve their needs, regardless of where it is produced.  For example, if an American company needed to purchase computer chips, it would buy from the producer with the lowest price, even if the producer was in another country.  

Protectionism is the opposite of free trade.  It focuses on restricting trade for the purpose of protecting a nation’s industries from foreign competition.  Protectionist policies are generally implemented using tariffs. Tariffs are taxes that nations impose on imports to protect domestic industries from foreign competition. The tariff is added to the price of the import and is paid by importers and passed on to consumers. Some tariffs target raw materials, others focus on final products, and they vary in severity as well.

A protectionist strategy is attractive for two reasons. One is national security. For example, the United States might want to ensure that it had domestic sources of computer chips, so that the supply would be secure even in a time of war that disrupted supply chains. Protectionism also secures domestic jobs from foreign competition. That is, an American factory that produced computer chips could stay in business by selling chips to American consumers even if a foreign company could manufacture chips at a lower price because the price of the foreign company’s chips was increased by a tariff.

The downside of tariffs is that they increase the prices that consumers pay for imported goods and services. In addition, if one nation raises its tariffs, other nations may respond with their own tariffs, creating a situation where everyone pays higher prices than they would otherwise and negating the benefits of comparative advantage.

What Is America’s Trade Policy?

Since World War II, the trade policies of the US and other major industrialized democracies have generally moved towards free trade. As shown in the figure below, in 1930, the average US tariff on foreign goods was 60% of the wholesale price, but that number fell to 4% by 1989 and 1.6% by 2011. Some US tariffs have been increased in recent years, but in general, tariffs are much lower than they were two generations ago.

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Lowering barriers to trade has increased US imports and exports as shown in the figure below (imports are the black line, exports are the red line). Both imports and exports are shown as a percentage of GDP (Gross Domestic Product, a measure of the size of the US economy). In recent years, imports have been about 15 percent of GDP, while exports are about 11 percent. The difference between imports and exports is the trade deficit (discussed below).

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The US has also worked with other nations to create agreements to lower tariffs across most or all imports and exports. An example is NAFTA (North American Free Trade Agreement). NAFTA went into effect in 1994, eliminating tariffs between the US, Mexico, and Canada. In general, NAFTA has increased exports from Mexico to the US, motivated some US companies to build factories in Mexico to export products to the US, and lowered the price of Mexican and Canadian imports for US consumers.  

The US is also a key player in building international organizations that regulate trade. The US Founded in 1995, the World Trade Organization (WTO), which is an international oversight organization that works to reduce trade barriers and implement the principle of comparative advantage. One hundred sixty-four nations are members of the WTO, and the organization helps to oversee trade agreements and settle disputes between member states.

What Are The Strengths And Weaknesses Of America’s Current Trade Policy?

The United States’ open economy and its dedication to free trade have significant benefits. Participation in agreements to lower tariffs and eliminate other barriers to trade means that US consumers can regularly buy a wider range of foreign goods at lower prices, raising their purchasing power. Lower tariffs also create new export markets for American corporations.  

However, encouraging imports and exports has important disadvantages. The ability to import goods from countries that manufacture them for much cheaper prices poses serious issues for some American companies and their employees. As shown in the figure below, over the last two generations, the percentage of Americans who work in the manufacturing sector has declined from about 25 percent in 1971 to less than 9 percent in 2023.  

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At the same time, imports of manufactured goods from Mexico, China, and other nations have dramatically increased. These trends highlight the costs and benefits of free trade: while free trade lowers prices for many American consumers and creates new jobs in American industries that build exportable products, it hurts industries that lose business to cheaper foreign suppliers – as well as their employees and the local economies where these industries are located.

Is America Getting Taken Advantage Of In Its Trade With Other Nations?

The main argument for America getting taken advantage of in international trade is the size of the trade deficit – the difference between the value of goods imported and goods exported. The dark line in the figure below shows the value of the US trade deficit in billions of dollars. It shows that the US has consistently run a trade deficit since the early 1980s, amounting to almost a trillion dollars annually by 2020.  

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If we think of a country as a person, a trade deficit would amount to spending more money than is earned, which would be a problem if the disparity was large enough and continued long enough. At the national level, however, this logic does not always apply. Many economic analyses show that a trade deficit is a sign of economic strength, as well-off consumers spend more money to import goods from other nations, and foreigners invest money in well-run American businesses. And it is important to remember that despite running a sizable trade deficit for the last 40 years, America has had low unemployment, low inflation, and consistent economic growth for most of this time.  

Another way of looking at America’s trade deficit is to separate trade in goods from trade in services, as shown in the two gray lines in the above figure. As the figure shows, while the US has an increasing trade deficit in goods, it also has an increasing trade surplus in services. Here again, the data suggests the value of free trade to the US, as American individuals and businesses import low-profit margin goods from other countries and export high-profit margin services to these same nations.  

The other “taking advantage” issue from free trade is the consequences of this policy for the workers who lose wages and jobs because consumers switch to cheaper imports. There is no doubt that free trade makes these workers and their communities worse off, at least in the short run. Thus, trade policy is an example of a situation where even if a policy choice (free trade, protectionism, or some combination) may make a nation as a whole better off, there will be some winners and some losers in specific industries or communities.

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What Are The Main Approaches For Managing The Economy?

There are two main theories of economic policy making. One school of thought, labeled here as the Keynesians (after the economist John Meynard Keynes), believes that governments can and should use fiscal and monetary policy to move things closer to the Goldilocks ideal. The other school of thought, labeled here as Laissez Faire (a French phrase meaning “let it be”), argues that efforts to control the economy do more harm than good, and that the economy works best when it is allowed to operate with minimal government intervention.

Keynesians believe that aggregate demand, or the total money spent by households, businesses, and the government, is the driving force behind the economy. Keynesians argue that low demand leads to high unemployment and low economic growth. To increase demand, Keynesians propose policies such as deficit spending – spending more than the amount collected in taxes – and reductions in interest rates. The aim is to increase demand, which in turn will lower unemployment, increase economic growth, and reduce inflation.  

The other common economic school of thought is called Laissez Faire or Monetarists, whose principal proponents include economists Fredrick Hayek and Milton Friedman. Adherents to this school of thought believe that growth, unemployment, and inflation are all driven by changes in the money supply. Followers of the school believe that the government should intervene as little as possible in the economy. They argue that poor economic conditions such as low growth, high unemployment, or high inflation are self-correcting, and that government efforts to mitigate these problems only cause more harm. For example, if the government engaged in deficit spending to stimulate demand, this action could increase inflation without affecting growth or unemployment.  For monetarists, the government’s most important job is to keep the total amount of money in circulation expanding at a slow, constant rate.

‍Which Approach Is The Main Driver of U.S. Economic Policy?

Modern American economic policy involves a combination of Keynesianism and Monetarism, an approach often referred to Neoliberalism. In recent years, the federal government has acted aggressively to stimulate the economy during the financial crisis of 2008 and the COVID-19 pandemic. These efforts sent money directly to individuals and businesses, and paid for large infrastructure, healthcare, and education programs designed to increase economic growth, address income inequality, and increase quality of life in American communities. On a more limited basis, there has also been an emphasis on less government regulation of businesses, few regulations on trade, and efforts to control government spending.

How Do Other Nations Determine Their Economic Policies?

Economic policies in other nations resemble the US in that they combine Keynesian and Monetarist measures. However, the specifics vary across nations. For example, the European Union initially followed austerity measures during the 2008 financial crisis, which aimed at reducing public spending and fiscal deficits. However, in response to the COVID-19 pandemic, the EU implemented large-scale fiscal stimulus packages and increased government spending to support economic recovery. In countries like Germany and South Korea, a more balanced approach has been adopted, combining free-market principles with strong social welfare systems and targeted government intervention in strategic industries.

How Much Control Do Policy-Makers Have Over Economic Conditions?

Economic activity fluctuates over time — these patterns of economic activity are called the business cycle. The cycle consists of periods of economic expansion where Gross Domestic Product (GDP) increases and contractions where GDP decreases. GDP declines generally happen when demand for goods and services fall due to reduced demand, increased unemployment, high inflation, or a combination. Economic theory suggests that expansion is the natural state of the economy and that recession only occurs when unexpected events, or economic shocks, disrupt these factors. Shocks can include war that increase oil prices or pandemics that shut down supply chains and increase unemployment.

The remedy, according to Keynesians, is government intervention to mitigate the impact of economic shocks. As noted earlier, the federal government acted to stimulate the economy during both the Financial Crisis of 2008 and during the COVID pandemic of 2020-2022. These efforts included tax cuts, direct payments to individuals and businesses, and increased levels of government spending on infrastructure and other programs. Such spending directly increases our national debt and can lead to inflation which was seen in late 2021 into the first half of 2023 in the United States.

Did these efforts work as intended? The record is mixed, reflecting how hard it is to determine the appropriate policy response to an economic shock. The figure below shows real GDP (controlling for inflation) in the US for 2020-2023. The Financial Crisis and COVID pandemic are noted on the chart.

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As the chart shows, the Financial Crisis caused a noticeable decline in GDP from 2008 to 2009. Moreover, while GDP resumed its upward trend in 2009, the gap between actual GDP and the trend in place prior to the Crisis did not close until several years later. Thus, while the government’s stimulus measures may have prevented a sharper decline in GDP, it did not eliminate the economic damage caused by the Crisis.

In contrast, it is hard to see the decline in GDP caused by COVID – it is fairly small, and the gap between actual and trend is closed almost immediately. It is likely that the much larger amount of COVID assistance was effective in responding to the economic shock. However, the larger stimulus likely had a cost in the form of higher levels of inflation in 2021-2023 (for details, see our policy memo on Inflation listed in the Further Reading section).

Two insights can be drawn from the government’s responses to the Financial Crisis and the Covid pandemic. First, it is difficult to determine how much stimulus is enough – in the case of the Financial Crisis, one argument is that the government did not do enough to mitigate the impact of the shock. However, in the case of COVID, there is an argument that the stimulus was too large and generated unwanted side effects (inflation).  

Second, the argument from believers in Monetarist/Laissez Faire policy-making that the economy would recover faster without government intervention are untested in the recent past. Policy-makers simply do not know what would happen. Even somewhat unsuccessful interventions such as during the Financial Crisis may have prevented a far worse outcome. Regardless, analyzing the cause and effect of government spending over time can help lead to better decision-making for our policy makers.

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What Types of Media Bias Are There?

Researchers have identified two distinct types of media misinformation. Overt media bias is when a news organization deliberately misrepresents events or data in order to shape public opinion. Instances of overt bias are rare. Often, bias is more subtle, like a news organization choosing only to report stories that make one side of the political aisle look good. Such bias is often called partisan or ideological slant, and is more common. Even more subtle forms of bias exist. Slant can also make its way into media coverage by framing, or how a story describes events. Framing involves selectively gathering facts (accurately reported, but including only a portion of relevant information) to promote a particular interpretation of an event.

People who study media bias think about it as a three-legged stool: distortion bias is when the media purposefully misrepresents facts, content bias is when a news organization gives more attention or coverage to one political side of the aisle than the other, and decision-making bias is when a journalist or editor is influenced too much by their personal preferences.

One way to measure distortion bias is by looking at the ideological position of news media in the language used and comparing that to language used by politicians, specifically members of Congress. If the commentary, storyline and word choices used match those of conservative members of Congress, these newspapers could be labeled conservative-leaning and vice versa. One way to measure content bias is to study variation in the intensity with which topics are covered by news media, which political figures are spotlighted or featured as guests, and the tone when these topics are written about. Decision-making bias can be measured by focusing on differences in story content across reporters.

Just How Biased Is The Media?  

Excluding high-profile mainstream news outlets which are of common conversation in today’s society, most studies find that relatively few media outlets are consistently, overtly, biased. Most organizations are considered centrist, modestly leaning to one side of the aisle or the other. Comparing the content and activity of regional broadcast news and newspapers to the ideological profiles of elected officials and Supreme Court justices tells us that most news organizations are in the middle of the ideological profiles of politicians. A study of newspapers found that newspapers tended to lean to the left on social issues and to the right on economic issues, but that an average of the ideological positions of newspapers fall in the middle of the left-right spectrum. Some news media organizations, however, have clear ideological or partisan slants. For example, Fox News is considered a right-leaning news organization, and CNN and MSNBC are considered left-leaning.

National surveys find that compared to the general public, a higher percentage of reporters are politically liberal (or Democrats). A 2013 study of journalists found that 50% identified as independent, while 28.1% identified as a Democrat, 7% identified as a Republican, and nearly 10% identified as another party. However, the political leanings of reporters in many cases reflect their local community, so highly Republican areas have a higher percentage of conservative reporters, and highly Democratic areas have more liberal reporters.  

Insofar as bias exists, it may reflect market forces. Reporters and editors also face strong incentives to write stories that attract an audience. Television broadcast news organizations rely on advertisements for revenue, which means the more viewers you have, the more revenue you make. Advertisers spent an estimated $504 billion on advertising at ABC, CBS, and NBC evening news programs alone in 2020. Under these conditions, media outlets face strong incentives to alter coverage to attract an audience. In this way, overt bias and slant reflect the opinions of the American public, and the fact that most people look for media coverage that is consistent with their ideological or partisan beliefs.  

Does My Choice Of Media Sources Affect What I Learn About Politics And Policy?

How people think about politics, candidates, and policy issues can be influenced by how news stories are written and what news media organizations decide to cover. Researchers have found that viewing news stories that match up with a person’s already-held political beliefs or opinions can make that person hold their beliefs more strongly. Similarly, researchers have documented that individuals tend to consume news that aligns with their partisan identity, and rarely consume political news that does not align with their political beliefs. News audiences with the most extreme political opinions often choose to consume partisan-slanted media, which can lead to audiences holding more extreme positions on issues.

What Can Americans Do To Find Better Media Coverage?

Deliberation, discussion, and exposure to information and alternative arguments are important in receiving the best media coverage. The best way to recognize outright bias and more subtle slant is to think about how they may be at play in any news article you read or program you watch. The best way to guard against framing by news organizations is to read articles about the same topic from multiple sources and see how the authors and organizations approach the topic differently.

To ensure access to fair, complete, and accurate political information in the long-term, Americans can read and support (pay for) media outlets, particularly at the local level. The work journalists do, sometimes connected to network news, but often found in local newspapers, local radio news, and local television news, helps us keep elected officials accountable by providing information about complex topics and situations from different viewpoints. Considering journalism as a resource essential to a healthy, thriving democracy, might help to ensure we can consume information from multiple sources that are less driven by national market forces.  

How many news sources does the average American regularly consult for information about government and public policy?

The average American watches over four hours of television daily. In 2020, over 15% of the American electorate watched an average of 8 hours or more of MSNBC, CNN, or Fox News per month.  Over 1 in 4 Americans consume at least 1 hour of partisan media a month, which is roughly equivalent to 30 separate 30-second TV commercials per week. The average partisan visits about 3 different online news sources a week.

What media sources are widely-used? Which ones are less-used?

Major broadcast and cable news are still the most widely used sources of political information. A YouGov poll in 2022 found that 39% of U.S. adults used either cable or broadcast news, including their websites, for political news. The next highest were social media at 32% and national newspapers, including their websites, at 23%. News consumption across platforms indicate print and radio are the least used platforms.

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Over the past few decades, news media has shifted from primarily print and broadcast productions to primarily digital platforms. Digital media consists of both news websites and apps as well as social media platforms. 86% of adults say they get news on digital devices, more so than TV, radio, or print. While social media is a significant source of digital news, two-thirds of adults say they also access news websites, news apps, and search engines.

The rise of digital media has generated different modes of behavior across age cohorts. Over 71% of young adults aged 18-29 consume news information primarily through digital devices compared to only 48% of those aged 65 and above. Moreover, the younger cohort behaves differently when online.

While most age groups utilize news websites to obtain information, younger Americans (ages 18-29) are more likely to use social media for political news information rather than other digital sources like news websites, search engines, and podcasts. 42% of young adults use social media as their main source of information whereas only 28% of young adults utilize actual online news websites. Among the users of online news sites, Americans visited Fox News and CNN the most with 16% and 12% respectively of US adults citing those two media moguls as their primary source of information.

How much does the public trust the media?

Americans expressed doubts about the media or “the press” even before the days of social media. Trust in media institutions as a whole has dramatically decreased over the past 50 years. In fact, for the first time since 1972, the percentage of respondents who have a great deal or fair amount of trust in mass media is lower than the percentage with no trust at all in mass media. Trust in mass media is 34% among Americans, while those with no trust at all climbed to 38% in 2022.

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Trust in the media differs by partisanship. Republican trust in the media plummeted to new lows during the 2016 election, while Democrat trust simultaneously reached new heights. Trust has remained about the same for the two parties since, but independents have experienced declines since 2018.  

Additionally, U.S. adults under the age of 30 now trust information they gather from social media sites almost as much as from national news outlets. The trust in social media sites is significantly lower among every other age group. Local news is the most trusted news source among all age groups.

Do most Americans seek out a wide range of news sources, or only those they are likely to agree with?

Americans are increasingly consuming partisan news. Fox News and CNN are the most cited sources of political media by Americans. Additionally, few Americans consume news that crosses with the other political opinion, meaning they are more comfortable with their own partisan echo chambers. For example, someone who watches MSNBC will not likely watch Fox News and vice versa. However, both Republicans and Democrats split their news consumption between the extreme of their political spectrum and moderate, mainstream sources. This means partisans also engage in non-partisan news.

The strength of an individual’s partisanship influences their motivation to engage the media. Strong partisans are more motivated to seek out political information, despite its possible skew, than weaker partisans. The former also prioritize consuming political media over entertainment-based media. One implication of this trend is that the media is not as responsible for producing partisans as some assume; strong partisans seek out aligned media, not the other way around. Additionally, strong partisans are more likely to consume news when their preferred side seems to benefit from an event.

What are the differences in the news consumption habits of Republicans and Democrats?  

Both sides consume biased news information. However, studies have found that democrats lean on social media more than republicans with 55% of the former consuming information from social media compared to 40% of the latter. More specifically, democrats access social media for political news at a higher rate than Republicans; although, the younger age of the average democratic voter may explain some of this variation as younger people are more likely to use social media for news regardless of party.  

Over 93% of individuals whose main news source is Fox News identify as a Republican. Similarly, nearly 95% of those who rely on MSNBC identify as a Democrat. The partisans on both sides selectively consume news that aligns with their views, cutting out any news from the other party. One significant difference is that Democrats seek news from a wider array of mainstream news sources, such as MSNBC, CNN, the New York Times, and NPR. In contrast, Republicans largely rely on a single mainstream news source, Fox News. This difference, however, may be tied to the programming of many mainstream news sources as they tend to share political views which slant left-leaning towards Democrats. The low levels of trust in traditional media sources, primarily with conservatives, may have likely contributed to the increasing number of alternative, hyperpartisan news outlets such as Brietbart and the Daily Wire. In fact, the United States has the largest number of right-wing online-only news sources.

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Nielsen ratings have indicated that following the departure of Tucker Carlson from Fox News, far-right conservative cable news networks such as One America News and Newsmax have experienced significant increases in viewership. Fox News is still the overall leader in viewership, but it has dropped among the 25-54 age demographic. Immediately following Carlson’s departure, Fox fell below both CNN and MSNBC for that demographic for their 8 o’clock primetime hour that Carlson used to hold. Meanwhile Newsmax had an audience growth for the 8 o’clock hour of about 25% from the same time the previous week. While Fox News is still the overwhelming favorite cable news source among Republicans, there has been significant growth in alternative far-right news outlets. There may be consequences for the availability of reliable information for both Republicans and Democrats, especially considering that an uptick in “fake news” was consumed by both parties during the 2016 election.

Over the last generation, the number and variety of media sources has greatly expanded. How have Americans responded to this change?

One benefit of social media is that it provides short and quick anecdotes about complex issues. However, although social media has made information more accessible, it has also oversaturated the market with misinformation. Moreover, social media posts are often not able to portray the complexity of current political issues due to character/word length and image count restrictions, meaning that critical details may be lost or purposely not included.

Podcasts are another growing area for media consumption. Much like social media, podcasts have risen in popularity over the last decade. Almost half of Americans have listened to a podcast in the last year and 20% say they listen to a podcast every day. Most podcast listeners report learning about some news from podcasts, but only 20% listen to a podcast connected to a news organization. Despite so few Americans listening to news-anchored podcasts, 87% say they expect the news they hear on podcasts to be accurate. As a reflection of their growing popularity, investments in podcasts have increased over the last few years. For example, Spotify invested $200 million dollars in the Joe Rogan Experience podcast, which is consistently the most listened to podcast worldwide.

There have been calls for government regulation to limit misinformation and hold new media sources, like podcasts and social media, to the same standards of liability as traditional media sources. Congress has held multiple hearings with tech industry leaders to gather information about potential regulation. The spread of partial and misinformation related to elections, COVID and other major events has led to a new heightened attention to social media regulation. Potential policy changes include regulation by the government and improved content moderation by platforms. Policy surrounding new media has yet to play out but walks a fine line of freedom of speech and liability issues.

How does media usage vary between well-informed and less-informed citizens?

The ability of partisan media to influence the political opinions of news consumers depends on who is actually consuming the media with strong partisans more open to messages in the media that resonate with their political beliefs. Similarly, consumers of social media may be more susceptible to false information or receiving a limited perspective on the situation at hand. Americans who get most of their information from social media tend to have less education as well as a lower household income. Moreover, people who primarily use social media are less politically knowledgeable and more likely to have heard conspiracy theories. During the 2020 Presidential election, those who relied on social media as their primary source of information were the least likely to be following news coverage of candidates.

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The Formal Sources Of Presidential Power: Constitutional And Statutory

The formal powers of the president are constitutional, statutory, or a combination of both. Constitutional powers are derived from the provisions of the Constitution. An example of a constitutional power is the President’s role in the legislative process. After both Houses of Congress enact a law, the President is given the option of signing the law (in which case it goes into effect) or vetoing it. If the President issues a veto, the law is dead unless the House and Senate re-enact it by 2/3rds majorities.  

The Constitution also makes the President Commander in Chief of America’s armed forces. However, Congresses’ control of the federal budget gives them some influence over military operations, and the War Powers Act (enacted in 1974) gives congressional majorities the power to force the President to withdraw American forces from combat. And, while the President can order secret military operations without warning Congress, current law requires the President to promptly inform congressional leadership about these operations.

The Constitution’s vesting clause makes the President the head of government and the head of state. The head of government is the leader of the executive branch, and the head of state is the symbolic and political representative of the country. The constitution also gives the President the administration of the executive branch, which includes the cabinet. The President also has the power to grant pardons.

The President’s statutory powers are derived from laws enacted by Congress. One such presidential power is the ability to issue orders to declassify documents, plans, and other information. Legislation also gives the President the authority to declare national emergencies. This power was used during the COVID pandemic to order national lockdowns and compel protective equipment manufacturers to increase production rates.

Other statutory powers include the implementation of laws, nominations and appointments, and the negotiations of treaties and executive agreements. The President can appoint individuals to about 8,000 positions, including high-level positions like Supreme Court Justices and agency heads. However, many of these appointments require Senate approval. Additionally, in response to the Vietnam War, Congress passed the War Powers Resolution in 1973 to limit the President’s power to get the country involved in wars. The President often avoids Senate approval and consent by entering into executive agreements, which do not require Senate approval like a treaty. The President’s statutory power has mostly grown over time, usually because of wars or times of emergency.

What Are Executive Orders?

An executive order is a declaration by the President that has the effect of law. Executive orders enable the President to set policy without going through Congress. However, Congress can reverse an executive order by enacting appropriate legislation.

Most executive orders deal with relatively minor matters, such as allowing federal employees to work a half-day on the day before Christmas. As the figure below shows, all Presidents issue numerous executive orders.

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However, some executive orders implement sweeping policy changes. For example, in 2014, President Obama used an executive order to establish the DACA (Deferred Actions for Childhood Arrivals) program that allowed undocumented individuals brought to the United States as children by their parents to obtain work permits and freedom from deportation. Similarly, in 2017, President Trump issued an executive order to limit travel to the United States from six predominantly-Muslim countries.

What Are The President’s Informal Or Unwritten Powers?

Although the Constitution sets out the responsibilities of each branch, the ambiguity of the text has allowed for the expansion of presidential powers. For example, the Constitution does not refer to unilateral power. Still, Article II endows the President with “executive power” and the responsibility of ensuring that “laws be faithfully executed.” This vagueness has allowed Presidents to execute unilateral powers in various circumstances.  

The use of unilateral, unwritten powers is not unique to any President. All U.S. Presidents have issued at least one executive order except for William Henry Harrison, who died in office before he could. President Lincoln’s Emancipation Proclamation in 1863 was an executive order that declared all enslaved people free in the rebellious states. In 1942, President Franklin D. Roosevelt issued an executive order that forced people of Japanese heritage in the Western states into internment camps during WWII. In 1948, President Truman used executive powers to desegregate the military. The use of unilateral action is not unique to any party either. In recent history, President George W. Bush used an executive order to create the Department of Homeland Security in response to the 9/11 attacks, and as mentioned earlier, President Obama used an executive order to create DACA to protect unauthorized immigrants who were brought to the U.S. as children from being deported. President Biden has issued nearly as many executive orders as President Trump had at this point in his presidency.

Similarly, while the President requires the approval of the Senate to enter international treaties, they can unilaterally enter international “agreements” that have arguably the same effect as a treaty. For example, while the United States currently complies with the requirements of the Paris Agreement on Climate Change, this treaty has never been submitted to the Senate for approval.  As a result, each new President can decide whether to respect or ignore the agreement.    

What Are The Constraints On Presidential Power?

This brief describes the broad extent of power given to America’s Presidents. However, Presidents are not Kings or Queens. Their authority is limited in multiple ways, from the need for congressional action to implement presidential decisions, the ability of other branches of government to constrain or veto presidential initiatives, and the fact that the President holds their power only after winning an election.

Congressional consent is needed most clearly when a presidential decision requires funding to take effect. A President might commit the United States to land people on Mars, but the program will only come into being if members of Congress enact sufficient funding for it.

Members of Congress can also override presidential vetoes of enacted legislation, as well as the ability to pass resolutions that reverse a President’s executive orders or other unilateral actions. Such events are relatively rare, but that is because Presidents consider how Congress will react to different decisions and generally avoid making decisions that members of Congress will overturn.

Presidential actions can also be overturned by action in the federal courts. For example, in June 2020, the Supreme Court ruled that the Trump administration could not end the Obama-era DACA policy mentioned earlier. (For more details, see our policy brief on Judicial Powers linked in the Additional Reading section.)

The final check on presidential action is public opinion. Particularly in their first term, Presidents are keenly aware of the need to maintain and build public support as they seek reelection. In their second terms, public opinion remains important as Presidents work to ensure that their party controls the presidency after their departure.  

What Is The Digital Divide and Why Does It Matter?  

The digital divide is usually defined as whether an individual has a broadband (high-speed) internet connection in their home or owns a smartphone. These devices are necessary to fully access the modern Internet and use it to learn about public policy, read and watch news stories, buy and sell things, even find a job or apply for government benefits.  

The digital divide disproportionately impacts lower-income families and those with fewer educational resources, impeding access to information, economic opportunities, and personal growth. These households often face a lack of reliable internet access. Consequently, children struggle to complete school assignments and gain necessary digital literacy skills, while adults encounter barriers to job opportunities, healthcare information, and government services.

Low-income, homebound older adults show a significant internet usage gap compared to the general population, influenced by factors like exposure, affordability, medical conditions, and disabilities. Advanced digital skills are increasingly necessary for older adults to access essential services, such as the electronic market for social services and health care. The COVID-19 pandemic has amplified these disparities, making remote work, distance learning, and telehealth services essential, thereby exacerbating the challenges faced by those without reliable internet access.

How Does Internet Access Vary Across The United States?

In 2021, about 77% of adults living in urban areas and 79% in suburban areas reported having a broadband internet connection at home, compared to 72% of those in rural areas. This digital divide in rural and urban America is lower than in the past as rural areas have closed the gap. Internet access in rural areas has increased substantially since 2016, when only 63% of rural residents reported having home broadband. However, some differences remain due to the higher cost of infrastructure investment in rural areas and lower population densities, making it less profitable for companies to provide broadband services.

The digital divide is larger for age, income, education, and race. For example, 63% of seniors (65 or older) reported home broadband access compared to 88% of adults aged 30-49 and 95% of those between 18-29.

Regarding income, over 92% of households earning $75,000 annually have home broadband, in contrast to 56% of those earning less than $30,000. Those earning less than $30,000 are also less likely to have a smartphone; 76% of people who make less than $30,000 have smartphones, as opposed to 96% of those who make $75,000 or more. The figure below shows how these disparities have evolved over time.

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The digital divide for education levels is also substantial. In 2021, over 94% of those with a college education had broadband access compared to only 59% for those with a high school education or lower.  

Racial disparities are also evident in these surveys, with 79% of white adults, 71% of Black adults, and 66% of Hispanic adults having home broadband. Additionally, white adults are over 10% more likely to have a computer or laptop than Black or Hispanic adults. Notably, there is no significant difference in smartphone ownership between racial groups.

What Efforts Have Been Made To Narrow The Digital Divide?  

Federal and state governments have launched numerous initiatives to bridge the digital divide. One of the key efforts at the federal level is the Broadband Technology Opportunities Program (BTOP) initiated by the Federal Communications Commission (FCC). Initially funded with over four billion dollars, BTOP aims to increase broadband access nationwide, particularly in unserved and underserved areas. Another significant FCC program, the Connect America Fund (CAF), receives annual funding of approximately $4.5 billion to expand access to voice and broadband services in regions where they are unavailable. The outcomes indicate these programs have had a positive impact on rural areas. Research on the CAF Phase-II suggests the program has had an overall positive effect on employment rates. However, the impact of these programs varies substantially by region, indicating that while progress has been made, the digital divide remains a complex issue that is influenced by a variety of regional and local factors.

Is The Digital Divide Larger Or Smaller In Other Countries?

About two-thirds of the world’s population uses the internet. Europe has the highest internet use with 89% of the public having access, followed by America and the Commonwealth of Independent States (CIS), former Soviet states in Eurasia. The lowest internet usage is in Africa, at 40%. The digital divide varies among industrialized countries due to economic, demographic, and infrastructure factors. For instance, countries like South Korea and Sweden, with advanced digital infrastructure, have near-universal internet accessibility.

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What is the primary power of the federal judiciary?

The core power of the federal judiciary is vested in judicial review. This authority allows courts to determine the constitutionality of actions taken by the executive and legislative branches. A person or group can sue Congress or the President if they believe either has overstepped their constitutional authority or infringed on the public’s constitutional rights. After such a case has moved up through the federal judicial system (through appeals), the losing party may submit a writ of certiorari to the Supreme Court of the United States (SCOTUS) asking them to hear the case. If four of the nine justices approve the writ, the case will be heard. Once SCOTUS has made a decision, that decision is the law of the land in the United States.

Why does judicial review exist?

The principle of judicial review acts as a protective mechanism for constitutional rights and sustains a system of checks and balances within the government. The primary objective is to ensure that neither the executive nor the legislative branches of government surpass their constitutional boundaries or infringe upon individual liberties. The courts also use judicial review to decide whether individual rights are infringed by businesses, people, and other organizations. Of note, the power of judicial review is not granted to the courts in the Constitution. Rather, the Supreme Court gave itself the unique power to decide the constitutionality of laws in the 1803 Supreme Court case Marbury v. Madison. Outgoing President John Adams appointed several judges in an attempt to pack the courts, or in other words increase the number of justices on a court in an attempt to sway the outcome of decisions, before his political rival Thomas Jefferson took office. When Jefferson took office, he ordered Secretary of State James Madison not to deliver the commissions. One of the appointees, William Marbury, sued Madison for not delivering his appointment. Chief Justice John Marshall ruled in favor of Madison and, in his opinion, ruled the law unconstitutional, granting the courts the power of judicial review. Since this decision 220 years ago, the power of judicial review has not been contested.

How often does a federal court decide a law is unconstitutional?

The frequency with which a federal court declares a law unconstitutional fluctuates considerably. This variability is influenced by several factors, including changes in societal values, shifts in the political climate, alterations in the composition of the judiciary, and the number of cases questioning the constitutionality of laws. Nearly all SCOTUS decisions set a precedent that future courts must use to interpret future cases. Such precedents are rarely overturned. Since 1789, only 0.5% of SCOTUS opinions have been reversed. The tendency to reverse precedents has slightly increased since 1953 but is still below 1% of all decisions.

SCOTUS did not wield the power of judicial review as heavily early in the court’s history, focusing instead on building legitimacy over time. The court has since become more willing to exercise this power, although the use of judicial review is still relatively rare. For instance, SCOTUS has invalidated acts of Congress on average around once a year since 1789. SCOTUS is even less likely to overrule an executive action.

What are the limits of judicial review?

The limits on judicial review include the hierarchical structure of the judicial system, the appeals process, and the judge appointment procedure. The hierarchical structure of the system and the requirement for cases to pass through multiple layers of review can impose practical restrictions on challenging laws and policies. Going through multiple layers of legal challenges takes a lot of time and resources. It can be difficult for someone to navigate this process and take the time necessary to go through the system.

Additionally, the appointment process for judges can shape the ideological composition of the judiciary and impact the exercise of judicial review. The ideological or partisan preferences of judges may shape their approach to constitutional cases. Furthermore, delays or challenges in filling vacancies on the bench can affect the judiciary’s ability to address constitutional issues in a timely fashion. These limits highlight the importance of considering the structural and procedural aspects of the judicial system when examining the scope and effectiveness of judicial review.

Moreover, the executive and legislative branches of government can check the judiciary’s power. The President is responsible for nominating judges, and the Senate must confirm the President’s nominees. The congressional checks on the court can be broken into two categories: court curbing and decision reversals. Court curbing is when Congress passes legislation attempting to change the structure or functioning of the Supreme Court, such as by adding judgeships, changing appropriations, or other attempts to affect the court in this way. Decision reversals are used to modify the legal result or impact of specific decisions. Both of these checks are rare, but decision reversals are most common between the two and have increased along with SCOTUS scrutiny of acts of Congress. Finally, Congress has the power to impeach and remove judges. Congress has only impeached 15 federal judges over time, convicting 8 of them. Only one Supreme Court Justice (Samuel Chase) was impeached (in 1805), but he was not convicted.

In the Federalist Papers, Founding Father Alexander Hamilton referred to the Courts as the weakest branch of government. What did he mean?

In Federalist 78, Alexander Hamilton wrote that there was little to fear from the judicial branch, calling it the weakest branch because it had no force of will. Hamilton argued that the judicial branch only has the power to judge and must rely on the other two branches to adhere to any judgments. Hamilton highlights the executive’s power of the sword and the legislature’s power of the purse, pointing out the lack of either in the judiciary. Further, James Madison argued in Federalist 51 that the legislative branch is the dominant branch in a Republic. The judiciary relies on the other branches’ cooperation and the public’s respect for its decisions.

Do other countries have similar judicial systems?

Many countries have courts that perform judicial review. For instance, Germany’s Federal Constitutional Court can review legal acts. The world’s most prominent legal systems are civil and common law. The former relies on a comprehensive legal code containing all country laws. This system is used by most of Europe and South America. The latter relies on the precedents established by the courts or the legislatures for future decision-making. The United States, Great Britain, and Australia all use the common law systems.

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How Much Can The Government Regulate The Media?

The First Amendment to the Constitution guarantees freedom of the press, meaning that the government cannot stop the media from reporting a story except under very special circumstances discussed below. However, the government can regulate media organizations as businesses, particularly broadcast media, who require a license to use a particular frequency to transmit their programming.  

In the United States, the allocation and monitoring of frequencies is handled by the Federal Communications Commission (FCC). Radio, television, and satellite stations must apply for a permit to broadcast from the FCC and reapply every four years.

As part of its licensing agreement, a broadcast station is required to abide by certain rules, including those covering local community issues and concerns. In addition, the FCC requires television and radio news providers to provide equal airtime to opposing major-party political candidates. FCC rules make it illegal for broadcast news providers to censor political ads paid for by political candidates. According to regulation, the FCC also cannot charge political candidates more for an advertisement than they charge a non-political candidate customer. These rules exist with the intent that a station cannot choose one candidate or side of the aisle to air and ignore the other.

Are Internet News Sources Regulated The Same Way As Print and Broadcast Media?

Digital news sources are not regulated by the FCC because they do not use public airwaves. Several laws exist to regulate content online, but intermediaries, like Google or Twitter, usually cannot be held liable for content published or purveyed on their platforms. For more details, see our policy brief on Section 230, linked in the Further Reading section.

What Are The Limits On Media Ownership?

Ownership of broadcast companies is also restricted by the FCC to increase the number of news sources available to the public. The FCC limits cross-ownership of more than two broadcast television organizations in the same market. These limits are designed to maintain multiple sources of news in the same region so that local, state, and national news is not just available from one source. Broadcast news companies can broadcast to up to 39% of the nation’s households among their combined news stations.

Even with these limits, ownership of TV and radio stations is highly concentrated. Five national companies, Sinclair, Nexstar, Gray, Tegna, and Tribune, own nearly forty percent of all local TV stations, and the percentage is increasing yearly. Of these, Sinclair network stations alone reach nearly 40% of Americans. These companies are often called “network news” organizations because one company owns a network of individual local stations that broadcast both local and national news. In 2018, the FCC removed a rule that said that all local television, cable, and radio stations had to have a main studio located in or near the area the station serves. This made it easier for national conglomerates to buy local news stations and develop programming at a single central studio.

Similar concentration levels exist for newspapers: in 2021, seven companies owned 57% of daily newspapers. Some broadcast companies also own newspapers.  

Does Ownership Matter?

In a 2019 study of 743 local television news stations across the country, researchers found that as local television stations were purchased by right-leaning national networks, the news they covered became more right-slanted than those that remained locally-owned. Network-owned stations also focused more on national rather than local news. Similarly, a 2010 study of daily newspapers found that the firm that owned a newspaper impacted the ideological slant of that newspaper’s reporting.

When Can The Government Stop Publication Of A Story?

The idea that the government could prevent publication or broadcast of a story is called “prior restraint.” A series of Supreme Court decisions have determined that prior restraint is allowable, but only under very limited circumstances. One of the most prominent cases in this area was the leak of the Pentagon Papers (a series of classified reviews of Vietnam War policy) to the New York Times and Washington Post by Defense Department contractor Daniel Ellsberg in 1971. The United States government sued the two newspapers to stop them from publishing the papers. The Supreme Court decided that freedom of the press was more important to the public interest than the government’s proof that publishing the papers would put the nation at risk in this case. This decision set the high burden of proof precedent in today’s prior restraint cases.

Can a Media Source Be Held Liable For What They Publish?

Freedom of the press and the high bar for prior restraint does not mean that news organizations cannot be held liable for their stories. For example, the US government can take legal action against a news media company that has published classified information. News organizations can also be sued for libel (defamation). However, the legal standard for public figures, including elected officials (that a news organization acted with “actual malice”) is difficult to prove.

What Informal Means Do Politicians Have To Control Media Coverage?

Public officials can attempt to privately coerce media organizations to shape news coverage even when no formal regulations exist. Called jawboning, this can be done by threatening regulation or action against a company if they do not comply with the informal request or by promising access to a future story in return for favorable coverage

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What Is Due Process?

Due process rights are set out in the U.S. Constitution. The Fifth Amendment stipulates that the federal government must follow due process. The Fourteenth Amendment puts the same obligation on states. The central protections of due process are that individuals are guaranteed certain liberties and, second, that the government must follow clear, transparent, and fair procedures before depriving a citizen of life, liberty, or property.  

The concept of due process traces its origins to King John’s Magna Carta, which provides that no freeman will be seized, dispossessed of his property, or harmed except “by the law of the land,” an expression that referred to customary practices of the court. The phrase “due process of law” first appeared as a substitute for the Magna Carta’s “law of the land” in a 1354 statute of King Edward III that restated some of Magna Carta’s guarantees. The due process clause in the Fifth and Fourteenth Amendments of the U.S. Constitution is based on these principles.  

Due process comes in two categories: procedural and substantive. Procedural due process refers to the rules that describe how government actions are carried out. For instance, as we discuss in our policy brief on eminent domain (linked in further reading), if the government wants to take a citizen’s property to build a park, they have to pay the market value for the land and allow the citizen to go to court to stop the action. Similarly, when someone is arrested, the government cannot simply put them in jail for a long time; rather, they must hold a trial and let a citizen jury or a judge determine the suspect’s guilt or innocence. Substantive due process, on the other hand, includes a range of rights, including the right to privacy, to marry (including same-sex marriage), to use contraception, and a parent’s right to make decisions about their children’s lives. Gender transition therapy, surgery, and affirmation care (both mental health and non-medical intervention) have been a recent focus of public debate related to parental rights.  

How Are Due Process Claims Decided?  

The right to due process is upheld chiefly through federal, state, and local courts. Judges protect due process by ensuring that individuals receive fair notice, an opportunity to be heard, and a fair and impartial hearing. If there is evidence that due process has not been conducted, the courts can and often will throw out an entire case. Additionally, by interpreting and applying the Fifth and Fourteenth Amendments, the courts safeguard individuals’ due process rights.

There are limitations on due process. This right does not mean the government cannot do things citizens oppose. For example, as we discuss in our Eminent Domain Brief, the government can confiscate a citizen’s property if it provides fair market compensation and can show that doing so serves a public purpose. In addition, the courts have acknowledged that certain rights are not absolute and may be restricted under specific circumstances. For example, while police officers are required to advise suspects of their right to remain silent and to have a lawyer present during questioning (the so-called Miranda rights), the courts have allowed a public safety exception, where law enforcement may question a suspect without informing them of their rights when there is an imminent danger to public safety.

What Are The Drawbacks To Due Process?

One notable drawback is the potential for longer than expected and expensive legal proceedings. Due process involves extended legal procedures, often resulting in delays and increased costs for individuals and for the government. Another drawback arises from inconsistency in the application of due process. Different courts or adjudicatory bodies may interpret and apply due process principles in varying ways, leading to inconsistent outcomes. Such inconsistency can erode public trust in the fairness of the legal system.

Additionally, the emphasis on procedural fairness in due process sometimes overshadows substantive justice. The procedural rules may require courts to focus on formalities and technicalities rather than addressing the underlying merits of a case. For instance, a person accused of a crime might be acquitted due to a procedural error, even if there is compelling evidence of guilt.

Is Due Process A Right In Other Countries?

Due process exists in most countries, although the procedural rights given to individuals and the specific rights protected under substantive due process vary across nations. In some countries, such as China and North Korea, due process is guaranteed by constitutions but does not exist.

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One way to measure the strength of due process rights in a country is with the V-Dem (Varieties of Democracy) Liberal Democracy scale. Each country is assigned a value between 0 and 1 (higher means more due process) based on the judgment of expert scholars. The figure above shows the due process scale values for members of the G7 (Canada, France, Germany, Japan, Italy, United Kingdom, and the United States), three authoritarian states (China, North Korea, and Russia), and three Scandinavian countries (Finland, Norway, and Sweden). As the figure shows, the G7 nations have roughly the same due process rights, with the Scandinavian countries somewhat higher and the authoritarian countries much lower.  

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What does it mean to have a federal system of government?

Federalism is a form of government that divides power between one national government and its lower governments. In the US, the national government, the 50 state governments, and the 574 federally-recognized American Indian and Alaska Native tribes are each sovereign governments, which means they have the authority and autonomy to govern their jurisdictions.

The US Constitution has competing clauses providing a strong national government while maintaining jurisdictional autonomy. Clauses promoting a strong national government include Article 1, Section 8, which gives Congress the authority to expand its lawmaking abilities, and the national supremacy clause (Article VI), which specifies that if there is a conflict between a state law and a national law, the national law wins.

On the other hand, the Tenth Amendment specifies that “the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” This provision is often called reserved powers and helps to provide boundaries for the scope of the national government’s powers.  

Beyond the Constitution, federal legislation has led to changes in the relationship between the national and state governments. For example, Congress used the Constitution’s Commerce Clause to give itself authority to protect the unionization of workers within the states through the National Labor Relations Act of 1935. This interpretation expanded the ability of Congress, and therefore the federal level of government, to regulate policy issues traditionally overseen by state governments.

Article IV of the Constitution also has clauses that specify the relationship between state governments. The Privileges and Immunities Clause requires state governments to treat non-state and state residents similarly in most circumstances. Similarly, the Full Faith and Credit requires states to recognize each other’s laws. This provision means that although the requirements for getting a driver’s license may vary across the country, a license from one state is valid everywhere.  

What policy areas are governed by the states?

The states are primarily responsible for the public’s health, safety, and welfare, including education, health care policy, abortion, criminal justice systems, and social safety net programs. Before the New Deal, a series of programs, public work projects, financial reforms and regulations enacted by President Franklin D. Roosevelt between 1933 and 1939, the state governments had near complete autonomy in these areas, while the federal government focused on foreign policy, interstate commerce, and international trade.

Since the New Deal, the federal government began influencing how states administer these policy areas. The federal government solely administers Social Security and Medicare while offering some funds for education; it coordinates with states on healthcare for the poor (Medicaid); it works with states on environmental policy. Nevertheless, state policies are still influential: for example variation in state health and environmental policies could impact national average life expectancy.

How has the federal government assumed some powers within policy areas that were intended for states?

In addition to the National Supremacy Clause discussed above, Congress has often invoked the Commerce Clause to expand its influence. The Commerce Clause gives Congress the power to regulate interstate and foreign commerce, but it has also been used to regulate policy from labor relations to food and drugs to railroads. This power has been limited since the Supreme Court’s 1995 decision in United States v. Lopez, which struck down the Gun Free School Zones Act on the rationale that gun possession is not an economic activity that can be regulated by Congress through the Commerce Clause.

Another source of federal power is granted by the 14th Amendment of the United States Constitution, which provides equal protection by the law for all US citizens in all states. Before this amendment, the Bill of Rights applied only to the protection of equal rights by the federal government. This amendment established that the federal government could require states to follow the Bill of Rights.

Are state governments able to defy the federal government? When do such disagreements happen?

The Constitution’s National Supremacy Clause (Article VI, Paragraph 2) puts the states in subordinate roles. Nonetheless, states have attempted to defy federal laws. In 1957, Arkansas delayed school desegregation in defiance of Brown vs. Board of Education. While it did successfully delay the implementation of the Supreme Court’s decision for some time, the episode ended with President Eisenhower sending the 101st Airborne to Little Rock’s Central High School to enforce the ruling. On the other hand, while the federal government considers marijuana an illegal “controlled substance,” 38 states allow cannabis for medical purposes, and 23 allow it for recreational purposes, in clear conflict with federal law.

How do states make policy?

States make policy through a similar process as the national government: each state has a legislative, executive, and judicial branch with similar functions and checks and balances as those at the federal level. Though state institutions are roughly similar to each other, states vary in policy-making capacity.

Some state legislatures are citizen legislatures, where legislators are in session for a short time, typically receiving little pay and have small staff. In professionalized legislatures, legislators receive higher pay, are in session nearly year-round, and typically have full-time staff. These professionalized legislatures are more responsive to constituents and generally more effective at administering the bureaucracy.  

States rely on local governments (counties, cities and towns, and school districts) to develop and implement state policies like elections, tax collection, and education. Local governments do not have independent autonomy from states. Rather, states have the ultimate authority to create or remove power from local governments. Under home rule, states can grant local governments the sole jurisdiction over certain issues within their borders.

What are the principal advantages and disadvantages of a federal system?

A federal system gives policy advocates more opportunities to change policy rather than limiting efforts to the national level. For example, green energy, abortion, or educational reform advocates focus on local, state, and national governments to identify the best venue for their goals.

The advantage of federalism is that policy work can be split up between levels of government, meaning more policy solutions can be reached than if they were handled by only one level of government. Further, citizens typically trust their local and state governments more than the federal government, and feel they can have more influence in local decision-making.

The disadvantage is that states often depend on the federal government for resources to accomplish the policy goals they are responsible for. This situation can lead to states competing against each other for limited resources. It can also lead to less effective implementation of policies than if the federal government were using its resources to implement a coordinated policy. For example, state responses to the COVID-19 pandemic were very different state by state, which led to unequal access to government resources depending on which state you lived in. Similarly, federalism might make it difficult for citizens to know who is responsible for policies and services and, therefore, find it difficult to hold a government accountable.

What is the alternative to a federal system? How many countries have each type of government?

Federal systems are relatively rare: There are only 25 federal countries worldwide (including the United States, Canada, and Germany). The more common alternative to a federal system is a unitary system in which most, if not all, the power is vested in the central or national government. 166 of the 193 United Nations Member states are unitary systems of government.

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What is bureaucratic authority?

• The American bureaucracy is a wide set of federal agencies, typically housed in the executive branch, responsible for executing the policies passed by Congress. These agencies range from the Central Intelligence Agency (CIA) to the Environmental Protection Agency (EPA) to smaller agencies like the Arctic Research Commission. Decisions about implementation are made by civil servants, career government employees who are experts in their field.  
• Bureaucratic power is the influence and authority that these government agencies have to implement policies, make decisions, and carry out the functions of government. In theory, Congress could eliminate bureaucratic authority by specifying exactly what bureaucrats should do. In practice, because many details of a new policy are not well-understood at the time it is enacted by Congress, and because most bureaucrats tend to know more about the details of a policy than elected officials, bureaucrats have considerable authority over public policy.

How is bureaucratic power different from legislative power?

• The US Constitution mandates that the legislative branch (Congress) makes laws and the executive branch (the bureaucracy) implements them. However, the Administrative Procedure Act (APA) of 1946 gave agencies bureaucratic discretion, or the power to develop rules and regulations that have the force of law. These rules make up the Code of Federal Regulations (CFR), which are enforceable just like federal statutes. For example, if Congress passes a law to promote the employment of veterans as wildfire fighters, the agency responsible for administering that law, the Department of Veterans Affairs, must determine program aspects like how to inform veterans of the program and who will be eligible.
• Bureaucratic agencies have also been granted quasi-judicial authority. The APA allows bureaucratic agencies to set up administrative courts to settle disputes about their implemented rules. These courts (sometimes called the “hidden judiciary”) are separate from the judicial court system. Approximately 2,000 administrative law judges preside over hearings like Social Security requests, immigration cases, and labor disputes. Policy can also be developed through adjudication, which is the process of settling disputes about the effect of policy through administrative courts.

What is the process used to develop regulations?

• Federal agencies interpret new laws and carry out old ones using the federal rulemaking process established by the APA in 1946. Agencies notify the public that a new rule needs to be made and provide a summary of the proposed rule. This proposed rule is then opened for public review (printed in a publication known as the Federal Register). Then anyone (citizens, lobby groups, companies) has 90 days to submit a comment on the proposed regulation. These comments are also printed in the Register. The agency then revises the proposed rule into a final rule. This final rule is published for public view. After the final rule is published, it becomes federal law.

How many regulations are developed each year?

• Major rules are rules that would have a large impact on the economy and consumers or make it more difficult for US businesses to compete with overseas businesses. Between 1997 and 2018, an average of 71 major rules were issued per year. Minor rules are rules that do not meet this threshold. Minor rules could be small adjustments to current policy. In 2018, 3,368 total rules were published.

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Can elected officials control the bureaucracy?

• One way for Congress to monitor the bureaucracy is by regularly monitoring the outputs and actions of agencies (‘police patrol oversight’). Alternately, Congress can set up processes by which citizens and interest groups can monitor agencies and call for Congress or the courts to address the issue (called ‘fire alarm oversight’ by scholars). This ‘fire alarm oversight’ means that monitoring the bureaucracy falls more heavily to interest groups and citizens, who alert Congress when action needs to be taken. Congress can also intervene in the rulemaking process. The 1996 Congressional Review Act gives Congress oversight over major rules, including the ability to overturn a rule. Lastly, Congress influences the bureaucracy through the federal budget. Because Congress establishes the funding for all bureaucratic agencies, they can influence policy execution by increasing or decreasing an agency’s funding for the coming year or directing how funds are spent.
• The President primarily influences the bureaucracy through the power to appoint roughly 4,000 leaders in most bureaucratic agencies. In general, presidents typically appoint individuals who align with their vision for how the bureaucracy should implement policy.

Why don’t Congress and the President eliminate bureaucratic discretion?

• Reducing bureaucratic discretion likely means reducing the value of policy experts. Although there are downsides to this delegation of authority, including potential partisan influence over policy, neither Congress nor the President has the information capacity to replace the information benefits of bureaucratic discretion. Unless Congress were to expand its staff, or gain access in some other way to resources that can provide similar expertise and knowledge to replace the policy experts in the bureaucracy, the way legislation gets implemented would likely be less informed or effective than it currently is.

What is eminent domain?

Eminent domain allows a government (federal, state, or local) to seize private property only if it can show that the taking is necessary to serve broad public interests. For example, a seizure of land is allowed only if doing so helps the government provide public goods such as railroads, highways, or schools. A common example of eminent domain is taking land to build national parks, like Yellowstone National Park. Eminent domain is used in smaller cases, such as when a local government seizes part of a person’s front yard to widen a public road for public safety.

What is the legal basis for eminent domain?

The Fifth Amendment of the U.S. Constitution contains the Takings Clause, which asserts that private property can be taken for public use if the owner is given “just compensation.” The requirement for just compensation is a vital component of eminent domain. Generally, the standard is that any compensation should reflect fair market value.

Federal courts have interpreted the Takings Clause to permit the government to seize property if it can show that doing so will contribute to an increase in the general public welfare. Originally, this clause was only applied at the federal level. However, in 1987, the Supreme Court expanded the exercise of eminent domain when it ruled that the Fourteenth Amendment implied that the clause is applicable at the state and local levels.

What legal challenges have been directed at eminent domain?

A series of court cases have defined what is allowed and not allowed under eminent domain, including how to determine just compensation and what activities meet the public use requirements.  Generally, just compensation means the fair market value for the entirety of a property being seized, as well as compensation for damages to any remaining private property. The government agency involved in the decision is responsible for surveying the land and appraising the fair market value. This appraisal is then the basis for a just compensation offer. Fair market value is often determined based on the sale of similar properties. If a price cannot be agreed upon with the owner, the government agency may initiate a condemnation lawsuit, which is a procedure to settle real estate disputes. If the property owner finds the compensation estimate to be insufficient, they may challenge the estimate in court. In the 1982 Loretto v. Teleprompter Manhattan CATV Corp decision, the Supreme Court ruled that the government must provide just compensation even if the land area is small and the land seizure will not significantly affect the owner’s economic interests.

Regarding public use, the Supreme Court has held that the government can appropriate land if it will increase general public welfare. For example, the Berman v. Parker decision (1954) permitted the District of Columbia to transfer ownership of buildings to private developers for renovation. This case held that the government can appropriate private property even if it is transferred to private individuals rather than a public agency. In Kelo v. City of New London (2005), the Supreme Court also ruled that the federal government could use eminent domain to expropriate private land for development by private individuals or companies. However, in response to the Supreme Court’s decisions, many states modified their eminent domain policies to say that private economic development was not enough to justify eminent domain.

What restrictions exist on eminent domain?

There are few restrictions on using eminent domain beyond the requirements to provide just compensation and demonstrate that seized property furthers public well-being. For example, the government has the right to seize a person’s home to build a park so long as the park furthers public welfare and the owner is paid at a fair market value.  

States are allowed to place additional restrictions on the use of eminent domain. For example, some states have established additional rules concerning processes for communicating with property owners. The California state courts have also ruled that the state must notify property owners at the beginning of the eminent domain process and present owners with an assessed land value.

What are the benefits of eminent domain?

Eminent domain has played a vital role in developing the country’s infrastructure. The takings clause has been used to facilitate the development of transportation services (including roads and railroads), supply water, and construct public buildings. For example, in United States v. Great Falls Manufacturing Company (1884), the Supreme Court allowed the state to use eminent domain to construct an aqueduct that provided several cities with drinking water. States have also used eminent domain to support urban renewal by improving underutilized or environmentally compromised land. Additionally, eminent domain has been used to support energy development, such as by allowing companies to engage in fracking or extend oil pipelines.

What are the arguments against eminent domain?

Some legal observers have argued that federal and state governments have abused their eminent domain power. Specifically, the criticism is that eminent domain is being used to transfer property from one private owner to another under the justification of improving general welfare. Moreover, the public use justification has been expanded to allow the government to take land if the seizure results in increased tax revenues or employment.

Critics have also argued that government assessments of a property’s value fail to capture its emotional or cultural significance to a community. Furthermore, eminent domain has been identified as contributing to transforming city neighborhoods from low-value to high-value real estate. Many cities have condemned the residences of low-income individuals under the economic development justification. However, the government’s assessed values of low-income, owner-occupied housing in economically prosperous communities often do not account for the difficulty of finding affordable, alternative housing in that area. The result is that low-income residents must relocate to even poorer areas of the city or out of the city completely. Additionally, some argue that just compensation should start with fair market value and then add other costs, such as relocation and litigation.

Where did the Equal Protection Clause come from? What does it say?

The Equal Protection Clause is found in the 14th Amendment to the Constitution. It states that states cannot “deny to any person within its jurisdiction the equal protection of the laws.” The 14th Amendment was ratified in 1868 as a legal response to how state law should treat newly freed slaves. Equal Protection means that federal and state governments cannot discriminate against individuals based on factors such as their race, sex, nation of origin, or disability status. A government agency, for example, cannot decide against hiring an individual just because they are a woman, or because they are black, or young. The discrimination could be explicit, like a law stating that schools should be separated by racial group, or implicit, like the action of a zoning commission denying a zone change request because of fear of racial integration.

Who is protected under the Equal Protection Clause?

Under the language of the Amendment, anyone has the legal right to claim that they have been discriminated against by the government. This is sometimes called the “class of one” doctrine – an individual might have a unique situation that meets the tests for a ruling in favor of their case under the Equal Protection Clause.

The fact that an individual or group claims to have been treated unfairly does not mean discrimination has occurred. A hiring decision, for example, may have been entirely based on an individual’s qualifications and experience. And even if discrimination occurs, an individual or group must be able to prove that protecting their rights is more important than the end goal of the government policy that they claim violates their right.

How are equal protection claims decided?

When an equal protection claim is made, the government must justify its decision, showing that discrimination did not occur or, if it did, that there was a good enough reason for the actions. The level of justification depends on the kind of discrimination being claimed:

• In cases involving claims of discrimination based on race, ethnicity, national origin, and (under certain circumstances, religion), courts require that the government prove a compelling interest for the discriminatory policy or action to remain (often called strict scrutiny).
• For claims based on gender and sexual orientation, the government must meet a lower standard, proving an important government interest (intermediate scrutiny).
• In all other cases that do not fall into these categories, the government must prove that this policy or action was a rational way to achieve a valid interest (rational basis).

So, for example, if a group of older airline pilots sued the government for age discrimination because Federal Aviation Administration Rules mandate retirement at age 65, the case would be decided using the rational basis standard. The government would have to show a valid interest (aviation safety) and establish that mandatory retirement was a rational way to maintain safety, such as by citing studies showing that older pilots have slower reaction times and less stamina than younger pilots.  

On the other hand, if the retirement was decided under a strict scrutiny standard, the government would have to show that mandatory retirement was the only way to keep aviation safe – and would likely lose because the pilots could argue that a policy of regular testing of older pilots could accomplish the same goal.

How has the application of the Equal Protection Clause changed over time?

The standards used to interpret the Equal Protection Clause are constantly evolving as different cases are decided and as individuals with different interpretations of the Clause become judges or retire. For example, historically, racial discrimination has been interpreted to mean actions that are harmful to minorities. For example, the 1954 Brown v. Board of Education Supreme Court decision ended the “separate but equal” practice of segregated schools for whites and blacks in many states by citing the Equal Protection Clause.  

Beginning in the 1970s, a series of Court decisions centered on whether race can be used as a criterion for college admission. The most recent case was Students for Fair Admissions v. President and Fellows of Harvard College. (A similar case involved the University of North Carolina at Chapel Hill.) In both cases, a group of Asian Americans argued that policies intended to support admissions of African-American applicants to these universities had the effect of lowering admissions of Asian Americans. The Court held that using race (any race) as an admissions criterion violated the equal protection clause. In this ruling, the Court took a ‘color-blind’ approach to racial equality, arguing that equality under the law meant treatment in the same manner, regardless of historical privilege or not. Current policies that disadvantaged applicants who were not black were just as suspect as past policies that disadvantaged black applicants, even though the intent of the newer policies was to address past discrimination against blacks.

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What does a “right to privacy” mean?

In the words of Supreme Court Justice Louis Brandies, the idea of a “right to privacy” is the right to be “left alone” by the government. The legal questions around the Constitutional protection of the right to privacy in the United States center on how much privacy citizens are afforded from government intervention and where our ‘zones of privacy’ extend.

There are two primary categories: the privacy of personal information and the privacy of autonomy in decisions made within some personal contexts. Legal scholars approach these categories by thinking about two concepts: privacy of tangible and physical space and privacy of the intangible world of personal decisions and thoughts.

What is the constitutional basis for the right to privacy?

The Constitution does not explicitly mention a right to privacy, although its themes appear in many of the Constitutional Amendments. The 1st Amendment protects freedom of association. The 3rd Amendment protects against the government using personal homes as lodging for soldiers during peacetime. The 4th Amendment’s protection against unreasonable searches and seizures provides protection against government overreach into our personal spaces. Similarly, the Due Process clauses in the 5th and 14th Amendments to the Constitution provide protection against undue government interference in our personal lives. Finally, the 9th Amendment’s emphasis on how the Constitution’s guarantees are not limited to the rights that are specifically spelled out.  

How has the right to privacy evolved?

The right to information privacy was first articulated by Brandeis and Warren in 1890 when an exciting but potentially invasive technology was becoming widely used – the camera. As the figure shows, privacy rights have been refined by many Supreme Court decisions from the 1940s up to the present day. In particular, privacy rights were clarified in the 1965 case Griswold v. Connecticut, where the Court ruled that marital decisions like the use of contraceptives are considered private and legally protected by the Constitution and could not be made illegal by state or federal laws.

In 1973, privacy rights were extended to decisions of pregnancy termination in the Roe v. Wade decision, where the Court ruled against a Texas law prohibiting abortion. The 2022 Dobbs v. Jackson Women’s Health Organization ruling allowed states to make abortion illegal at any stage of pregnancy on the basis that abortion is neither a “fundamental right” nor is it “deeply rooted in the Nation’s history and tradition.” Even so, the concept of a right to privacy remains.  

While privacy rights are usually discussed in terms of the Griswold and Row decisions, the figure below shows that the Supreme Court has mentioned privacy rights in hundreds of cases over the last 60 years. These cases deal with issues such as acceptable clothing in the workplace and at schools as well as the right to die and mandatory school attendance.  

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Does the right to privacy cover personal information?

To some extent. On one hand, while publishing personal information could be considered an invasion of an individual’s privacy, the Supreme Court has regularly supported the freedom of the press over the right to privacy, when the information is publicly available and legally obtained.

On the other hand, several federal laws protect individuals’ private information from public release in order to protect individual privacy. The federal Privacy Act of 1974 set standards for and prohibited the release of private information about an individual, like social security numbers or health information, by a federal agency. On the other hand, the USA PATRIOT Act of 2001 expanded law enforcement’s legal search and seizure activities in order to protect national security. These include “sneak and peek” search warrants, which allow law enforcement to side-step normal Fourth Amendment procedures.

What are the limits on privacy rights?

It is important to understand that the right to privacy extends only to interference by the government rather than from private companies. Today, private companies primarily collect and manage private data, and attempts to extend the right to privacy into this sector have been limited. For example, federal law protects the privacy of some personal information, like private health information, but is not all-inclusive.

Moreover, while Americans’ health data is given additional protections, there are limits on the right to privacy here as well. Mental health professionals, for example, are obligated to report to law enforcement or other authorities on clients who they believe are a danger to themselves or others.