The United States has drawn on a rare alignment of institutional, cultural, legal and technological systems that have protected and propelled shareholder returns for the better part of a century. Deep, liquid capital markets, transparency, respect for the rule of law—these are among the pillars of U.S. exceptionalism that made and have kept the U.S. dollar a global reserve currency, the Treasury market the arbiter of the “risk-free” rate and the stock market the most consistent performer in the world. Some believe these pillars have already begun to erode, but history shows us that past challenges have ultimately renewed U.S. strength. The current episode, in our view, will likely be no different.
Here, we consider the historical context for the “Sell America” debate, examine past parallels with the current landscape and offer what we hope will be a useful perspective for investment decision making. Through a shareholder lens, we focus in particular on the Fed, the courts and culture.
The Fed: Its autonomy protects shareholders
As President Donald Trump has called on Fed Chair Jerome Powell to lower interest rates, investors are reminded of the importance of central bank independence. Attacks on the Fed’s autonomy could destabilize markets.
Of course, Trump is not the first president to pressure a Fed chair, and the history of America’s central bank includes many episodes of challenge and crisis. Along the way, the Fed evolved into a more autonomous and effective institution.
In a sense, Andrew Jackson laid the groundwork for the modern Fed when he removed the charter of the Second Bank of the United States in 1833. The decision contributed to the boom-and-bust cycles of the 19th century economy and revealed the costs of weakness at a critical U.S. institution. In 1913, an act of Congress established the Fed to protect the banking system.
Two noteworthy cases of executives encroaching on Fed independence: During the Great Depression, Franklin D. Roosevelt picked Marriner Eccles to be Fed Chair in part because he was willing to pursue FDR’s preferred strategy of debt-financed stimulus, and encouraged the Banking Act of 1935, which centralized the Fed’s power in Washington. In the runup to the 1972 election, President Richard Nixon famously berated Fed Chair Arthur Burns for keeping monetary policy too tight. (Burns did subsequently lower rates, which led to a long period of stagflation.)
What should we make of the more recent chapter in Fed history, when the central bank effectively reinvented monetary policy amid the 2008 global financial crisis (GFC)?
Economic historians will debate the pros and cons of the unprecedented monetary policy tools (including quantitative easing and a zero interest rate policy) the Fed adopted post-GFC. In our view, the Fed’s actions to aggressively expand its role as lender of last resort protected the economy, banking system and the financial markets on which shareholders depend. During COVID, the Fed staunched a violent equity and credit market sell-off by committing to purchase corporate bonds. Indeed, the central bank was able to act independently despite vocal meddling from then President Trump.
The courts: Protectors of corporate legitimacy
For more than a century, the U.S. judicial system has served as a reliable protector of shareholder rights. The story begins in the early 1800s when Supreme Court decisions (notably Dartmouth v. Woodward in 1819) established the sanctity of contracts. In 1899, Delaware enacted its General Corporation Law, and established that directors owe fiduciary duties of care and loyalty to shareholders, not stakeholders.
Today, over 60% of Fortune 500 companies are registered in the state.
A key decision affirming shareholder rights arrived in 1952, when the Supreme Court struck down President Harry Truman’s attempt to seize steel mills during a labor dispute. The court’s decision found that private property and corporate control are not subject to executive fiat.
Most recently, the federal courts are reviewing various actions by the Trump administration, including its announced reciprocal tariffs and government funding cuts, as potentially illegal or unconstitutional exercises of executive authority. Indeed, the current Supreme Court has also hinted strongly that it doesn’t believe the President has the authority to terminate Fed governors without cause.
Whatever the outcomes of any specific cases, we expect the courts will likely continue to act as a powerful protector of corporate legitimacy.
The culture: Silicon Valley, innovation and ambition
In many ways, American culture celebrates entrepreneurship and innovation. Business titans and entertainment tycoons such as Andrew Carnegie, Henry Ford, Oprah Winfrey and Steve Jobs have captured the public imagination. Failure is reframed as resilience. What is the American Dream? It’s a self-made millionaire.
That dream has seemed more elusive in recent decades. Worsening income inequality—and capital’s rising share of GDP relative to labor’s—have stoked popular discontent. In many other countries, populist anger has triggered the nationalizing of industries, even revolutions.