Jay Cost
- Gerald R. Ford Nonresident Senior Fellow, AEI - American Enterprise Institute
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Articles by Jay Cost
Stubborn Facts About the Election of 1800
In many ways the beginning of the musical Hamilton, is quite historically accurate. But to Sean, the precision gets loose . . . especially the election of 1800. So today Sean and Jay are here to set the record straight. Start with James Madison, who isn’t even in the capital in 1800; he’d retired to Montpelier. Then John Adams, whom the musical writes off entirely.
Thomas Jefferson and the Problem of Political Toleration
Political toleration has been a key theme of liberal politics since John Locke addressed it, but theorists have long grappled with its potential limits. Though Thomas Jefferson is remembered as the “Apostle of Freedom,” he sought to censor the writings of David Hume, believing them to be dangerous to liberty. Jefferson’s example represents a paradox in liberal thinking: a commitment to freedom coupled with anxiety about the dangers to it.
The Perils of Predicting
The midterms are in view, and Sean and Jay try not to treat the tea leaves like gospel. Although Jay got into the limelight through election blogging, he’s realized that it’s difficult to differentiate what he wants to happen and what will happen. This bias doesn’t just influence Jay but is ingrained in the practice of forecasting itself, making election predictions all the more difficult. Nevertheless, what politicians are doing now and how voters are feeling might give us a glimpse into November.
Why Congress: An interview with Philip Wallach
Our founders did not want all of American governance to diverge from England. In fact, the founders were inspired by Parliament’s structure, which attempted to represent the desires of the people. Congress was perhaps well constructed but is not currently functioning well. As Wallach argues in his book, Congress is functioning well when the people trust that their interests are properly represented in the legislature. That trust and reciprocal relationship may not currently exist in spades.
Presidential Tiers During a Liberal Turn
From 1933 to 1953 we only had two presidents… So we naturally ranked them. When FDR came into office the country was looking bleak, there was a steady economic decline into the Great Depression that could have inspired a revolution. Instead, FDR maintains our democracy but grows the federal government like no other. Sean points how FDR was more moderate than perceived and Jay calls him a Wilsonian progressive but both see FDR as a defender of the republic.
Political power Archives
Press The Michael Medved Show Senior Fellow Jay Cost discusses America’s failure to elect the right people on Michael Medved’s ‘The Michael Medved’s Show.’ BY Jay Cost ON 7 Jul 26
The Rise of the Kooks, the Fall of the Gatekeepers
Some kooks with sex scandals, securities fraud, and outlandish tweets are winning primaries and even congressional seats. Why are these ideological crackpots winning? And where are the party gatekeepers? On today’s podcast, Jay and Sean discuss how a centuries-long precedent of (primarily) electing the righteous is slowly falling prey to populism.
Roberts’s risks: Justices aren’t policymakers or historians
The recently concluded Supreme Court term was a blockbuster and, on balance, a victory for conservatives. While the Trump administration lost its birthright citizenship case, the Right scored victories on transgender athletes, gun rights, and campaign finance. Yet a pair of cases illustrates the massive power of the contemporary court, and calls into question its competency to wield such authority, especially in a republic where the people are supposed to rule.
What our founders would love… and what they’d loathe in 2026
On this week’s episode, Jay and Sean hypothesize about what Washington, Adams, Jefferson, Madison, Hamilton, and even Brutus would have thought about our republic in its 250th year. From Washington’s hatred of partisanship to Hamilton’s love of our energetic national government, our hosts analyze what our founders would have admired and what they would have despised in 2026 America.
Discussing American Leaders: Cost on Michael Medved’s ‘The Michael Medved’s Show’
VIDEO Senior Fellow Jay Cost discusses America’s failure to elect the right people on Michael Medved’s ‘The Michael Medved’s Show.’
Candidates of poor character are a problem we the people can fix
Original Article Posted By: Hazymac, 6/29/2026 8:39:51 AM This is the age of the YOLO candidate. Are you a terrible person with a clear record of awfulness? You would be perfect for the U.S. Senate! Democrats have found just that sort of guy in Maine; Republicans have found one in Texas. Both would be perfect additions to the large and growing cast of bloviators, morons, and preening hacks that constitute what was once known as the world's most deliberative body.
Governing ourselves: Candidates of poor character are a problem we the people can fix
This is the age of the YOLO candidate. Are you a terrible person with a clear record of awfulness? You would be perfect for the U.S. Senate! Democrats have found just that sort of guy in Maine; Republicans have found one in Texas. Both would be perfect additions to the large and growing cast of bloviators, morons, and preening hacks that constitute what was once known as the world’s most deliberative body.
Governing Ourselves: Candidates of Poor Character Are a Problem We the People Can Fix
This is the age of the YOLO candidate. Are you a terrible person with a clear record of awfulness? You would be perfect for the U.S. Senate! Democrats have found just that sort of guy in Maine; Republicans have found one in Texas. Both would be perfect additions to the large and growing cast of bloviators, morons, and preening hacks that constitute what was once known as the world’s most deliberative body.
Gordon Wood and the History of the Founding at 250
This episode of Stubborn Things comes out a week ahead of schedule, and this one’s for the historiography nerds. This week, Jay and Sean discuss the legacy of historian Gordon Wood, who passed away earlier this month, and the historiography of the American founding. Our hosts lead us on a tour from Charles Beard’s economic interpretation of the founding and framing of the constitution to the “consensus historians” of the mid-20th century who responded to Beard’s theory.
Securing the Revolution: James Madison and the Creation of the United States Constitution
VIDEO What did America’s founders truly believe about faith, liberty, and constitutional government? In this thought-provoking session from the Institute for Faith & Freedom’s annual conference, Dr. Jay Cost examines the life and legacy of James Madison and the creation of the U.S. Constitution.
Bayou Ballots
This week, Stubborn Things is laser-focused on the Supreme Court’s decision in Louisiana v. Callais. Our hosts discuss the history of the Voting Rights Act, as well as the Gingles test which the majority updated last week. Sean and Jay evaluate how far-reaching the Court’s decision will prove to be, and they correct some of the narratives that have emerged in the wake of the decision. What do they think of Justice Alito’s argumentation? What about Justice Kagan’s dissent?
The Machiavellian Moment Returns
In the third book of the Discourses on Livy, Niccolo Machiavelli argues that republics “do not last if they do not renew themselves” by recourse to their origins, when they were at their most pure.
The Machiavellian Moment Returns
In the third book of the Discourses on Livy, Niccolo Machiavelli argues that republics “do not last if they do not renew themselves” by recourse to their origins, when they were at their most pure.
The Evolution of the Democratic Party with Ruy Teixeira
Jay and Sean are joined this week by Ruy Teixeira, Nonresident Senior Fellow at AEI and longtime analyst of Democratic politics. Our hosts interview Ruy about the changed relationship between the Democratic Party and organized labor, whether Democrats can learn from their past mistakes to form a durable electoral coalition, and more.
Whose Constitution Is It, Anyway? Rethinking Judicial Supremacy in the Republic
Alexis de Tocqueville’s observation that “there is hardly any political question in the United States that sooner or later does not turn into a judicial question” is truer today than ever before. But another tradition casts the Constitution as a political document that leaves most disputes to the people and their representatives. Does a powerful Supreme Court that delivers conservative victories paradoxically erode the effort to restore constitutional order?
Special Edition: Presidential Tiers
This week, our hosts take a break from talking about the drama of 21st century American politics and turn back the clock. In this very special edition of Stubborn Things, Jay and Sean start the Very Official Stubborn Things Presidential Tier List. They start, of course, with Washington and make it all the way through Buchanan. See where Jay and Sean agree and where their lists diverge.
The First Amendment and Human Purpose: Religious, Civic, and Progressive
Unlike the rest of the Bill of Rights, the First Amendment protects relational activity—what Americans do with others. The First Amendment embodies three fundamental purposes that the founders believed were essential to human happiness—a worshipful purpose, a civic purpose, and a progressive purpose.
SAVEing the Voting Discourse
Our Stubborn Things hosts this week talk voting and the Safeguard American Voter Eligibility Act, a.k.a. the SAVE Act, a.k.a. the SAVE America Act, currently making its way through Congress. Jay and Sean discuss how the bill would change voting, the advantages and challenges with requiring proof of citizenship to vote, and the bad faith arguments each camp makes about the bill. Then, they go back in time to review the 2021 Democrat-led For the People Act and Sean calls Jay old.
Icons of Congress: Thomas Brackett Reed
Nowadays people complain about the tedious pace of Senate business. The upper chamber empowers the minority party and even a single senator to delay measures indefinitely. Chief among these tactics is the filibuster, which mandates in many cases the majority party must have 60 votes to move to a final vote. That is a tough hurdle to overcome. Not so in the House.
Can Talarico Turn Texas Blue?
This week, Jay and Sean tackle the results of the Senate primary in Texas. They discuss James Talarico’s victory in the Democratic primary and the religious dimension of Talarico’s candidacy. They also assess the strengths and weaknesses of Talarico’s two potential GOP opponents, incumbent John Cornyn and Texas Attorney General Ken Paxton, who will face each other in a runoff in May, as well as how Texas demographics may play in the general election.
What Does It Mean to Be Madisonian?
Today, the word Madisonian is automatically paired with the American constitutional order, particularly the nexus of Federalist 10 and 51—the popular sovereignty of an extended republic mitigated by institutional mechanisms to temper majority factions. While that is arguably a fair characterization of the constitutional system, it misrepresents James Madison’s political position at the time of the Constitution’s drafting.
What the Supreme Court’s Tariffs Ruling Says About Judicial Power
Last month, a 6-3 Supreme Court decision in Learning Resources, Inc. v. Trump,struck down a wide swath of the tariffs that President Donald Trump imposed last spring. Though the majority was internally split on its reasoning, it agreed that the International Emergency Economic Powers Act of 1977 did not grant the president the authority he claimed. Many pundits in the media celebrated the ruling, and on this, they were joined by conservatives committed to the principles of free trade.
What the Supreme Court's tariffs ruling says about judicial power
Last month, a 6-3 Supreme Court decision in Learning Resources, Inc. v. Trump,struck down a wide swath of the tariffs that President Donald Trump imposed last spring. Though the majority was internally split on its reasoning, it agreed that the International Emergency Economic Powers Act of 1977 did not grant the president the authority he claimed. Many pundits in the media celebrated the ruling, and on this, they were joined by conservatives committed to the principles of free trade.
Major Questions About the Supreme Court
AEI’s Jay Cost and Sean Trende talk about the topic on everyone’s mind this week: the Supreme Court’s landmark ruling in Learning Resources v. Trump, which struck down President Trump’s use of tariffs under IEEPA. Throughout the episode, our hosts touch on the majority opinion, as well as the various concurrences and dissents, that came down last Friday. Jay and Sean address the history of tariffs in American political economy before moving on to a conversation about the separation of powers.
In Defense of the Filibuster
On this week’s episode, Jay and Sean continue their focus on the Senate. In particular, they talk about the formation, history, and modern uses of the filibuster. Our hosts explain the rationale for the filibuster before addressing several criticisms of the procedure. In the second segment, Jay and Sean address the unexpected effectiveness Mike Johnson has shown as Speaker of the House.
Icons of Congress: Daniel Webster
Daniel Webster was one of the greatest orator-politicians in the history of the United States. A relentless defender of the American Union, he dedicated much of his political career to its preservation in the face of those who would tear it apart over sectional interests.
Icons of Congress: Daniel Webster
Daniel Webster was one of the greatest orator-politicians in the history of the United States. A relentless defender of the American Union, he dedicated much of his political career to its preservation in the face of those who would tear it apart over sectional interests.
Radicalism, Instability, and a Dysfunctional Senate
This week, Jay and Sean zoom out from the ongoing immigration enforcement debate to talk about the history and politics of immigration. In the spirit of Stubborn Things, Jay and Sean try to make sense of various views – right, left, and center – on immigration and discuss the radical politics that prevent compromise and consensus. During the second half of the episode, they talk about Senate dysfunction and the upcoming Senate election in Texas.
Reining in the Courts
What is the proper role of the judiciary in American political life? There has never been a clear answer to that question, even among the founders. The Constitution itself has relatively little to say about the judiciary, delegating most of its design and much of its authority to congressional action. Alexander Hamilton in Federalist #78 argued that the judiciary could resolve disputes arising under the Constitution.
Reining in the Courts – Jay Cost
What is the proper role of the judiciary in American political life? There has never been a clear answer to that question, even among the founders. The Constitution itself has relatively little to say about the judiciary, delegating most of its design and much of its authority to congressional action. Alexander Hamilton in Federalist #78 argued that the judiciary could resolve disputes arising under the Constitution.
Elections Galore
On Stubborn Things’ first episode of 2026, Jay and Sean talk about elections both past and future. How will President Trump’s approval rating, partisan redistricting, and other factors affect the outcome of the midterms this November? Our hosts discuss whether the midterm results and the results of the 2028 GOP presidential primary are foregone conclusions.
The long fall of Congress and the rise of presidential power Original
Seven months after President Donald Trump launched his “Liberation Day” campaign of global economic protectionism, the government’s Solicitor General John Sauer stood before the U.S. Supreme Court to argue that Congress gave his boss the authority to impose sweeping tariffs. “There’s enormous deference to the president in both political branches” and “inherent authority” to manage foreign affairs.
Congress in Plain English: The Speaker of the House
The Speaker of the House of Representatives is one of the most prominent positions in the entire United States government — although one would not get that impression from the Constitution itself. Our founding document mentions the Speakership only in passing. Article I, Section 2 states, “The House of Representatives shall chuse their Speaker and other Officers.” That’s it.
The American Dream Lecture Series: Richard Brookhiser, “What I’ve Learned from America’s Founders”
As the United States approaches the 250th anniversary of its founding, its culture and politics seem riddled with questions that the nation’s founders could not have anticipated—and others they did. What insights into contemporary debates can we garner from the lives and ideas of the men and women who participated in the American Revolution and shaped the early republic? What do today’s political thinkers and policymakers overlook regarding the nation’s early leaders?
Congress in Plain English: The Speaker of the House
The Speaker of the House of Representatives is one of the most prominent positions in the entire United States government — although one would not get that impression from the Constitution itself. Our founding document mentions the Speakership only in passing. Article I, Section 2 states, “The House of Representatives shall chuse their Speaker and other Officers.” That’s it.
January/February 2026
Kirk’s assassination in Utah forced Gov. Spencer Cox to confront political violence, anger in his own party and whether his call to “disagree better” can actually change anything.
How Much Executive Power Will President Stephen A. Smith Have?
On this week’s episode of Stubborn Things, Jay Cost and Sean Trende recap the oral argument before the Supreme Court in Trump v. Slaughter and present an overview of the political history, legal cases, and theories of executive power that have led the Court to this point. Plus, our hosts kick off the way-too-early speculation of who might be the Democratic nominee for President in 2028. Will it be Gavin Newsom? AOC? Someone else? Take a listen to hear what Jay and Sean think. Show notes: Trump v.
Democracy or Republic?
Published By: AEI Press $18.00 Available from: Available January 27, 2026 How do you place the people in charge without creating a democratic tyranny? By the time of the American Revolution, nobody in the history of the world had yet answered this question. In recent years, the Constitution has become a source of political controversy between conservatives and progressives.
How Congress Lost, Part IX: Resilient Corruption and an Emerging Progressive Critique in the Late 19th Century
How Congress Lost, Part IX: Resilient Corruption and an Emerging Progressive Critique in the Late 19th Century Though the 1883 Pendleton Civil Service Act drastically reduced federal patronage, political machines proved extremely durable. A new breed of party boss—typified by Thomas Platt of New York and Matthew Quay of Pennsylvania—built strong party organizations by forging a tight connection with business interests.
Tag Archive: James Monroe
Op-Ed Donald Trump Revives the Monroe Doctrine – and Gets It Dangerously Wrong Op-Ed The US Is Losing the Contest to Divide the World Report American Enterprise Institute
Tag Archive: Stubborn Things | American Enterprise Institute - AEI
John Adams famously said: “Facts are stubborn things. Whatever our wishes, our inclinations, or the dictates of our passions, they cannot alter the state of facts and evidence.” In this era of knee jerk partisanship and ideological posturing, Adams’s warning is as important as ever. Tune in every other week as AEI’s Jay Cost and Sean Trende draw on their wide-ranging base of knowledge and stubborn commitment to the evidence to understand what is happening in the world of American politics.
limited government Archives
Op-Ed New Jersey Attacks a Pregnancy Center’s Religious Liberty Event Keeping the Republic: A Book Event with Dennis Hale and Marc Landy Post AEIdeas Another Great Moment in Government Overreach and Nanny Statism Article Democracy or Republic?
Introducing: Stubborn Things
The American Enterprise Institute is pleased to present a new podcast: Stubborn Things, hosted by Gerald R. Ford Nonresident Senior Fellow Jay Cost and by Nonresident Fellow Sean Trende. John Adams famously said: “Facts are stubborn things. Whatever our wishes, our inclinations, or the dictates of our passions, they cannot alter the state of facts and evidence.” In this era of knee jerk partisanship and ideological posturing, Adams’s warning is as important as ever.
Treasury Secretary Archives
Post Interest Rates and the Trump Administration Op-Ed How the Trump Administration Can Hit Its Growth Target Op-Ed Scott Bessent: The Man to Save Donald Trump from Himself? Report American Enterprise Institute How Congress Lost, Part III: Hamiltonian Energy and the Washington Administration Op-Ed Why Did Regulators Ignore Dodd-Frank and Orderly Liquidation for Failed Banks? Podcast What Is the Congressional Debt Limit?
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