Ship happens when the government tries to protect an industry, and the maritime industry is no exception. Passed in 1920, the Jones Act is a federal statute requiring all goods transported between U.S. ports be carried on ships that are built, owned, flagged, and crewed by Americans. Instead of "protecting" consumers, the Jones Act actually makes it more difficult to get goods to consumers. Unsurprisingly, the Jones Act waiver that President Trump instated in March acts as an example of what happens when protectionist rules get out of the way.
What the waiver has accomplished in such a short time is striking. The Cato Institute shows that the waiver has enabled 300 voyages carrying 80 billion barrels of cargo. What happened with the Jones Act in the West Coast, Alaska, and Hawai'i is even more telling. Under the waiver, this region had 20.7 billion barrels arrive. This is much higher than the 7.7 billion barrels carried over the entire 2009-2025 period.
Similarly, Puerto Rico imported 800,000 barrels of propane under the waiver, which is more than double the amount of propane imported in the last 22 years combined. Even if the waiver only covered energy and fertilizer cargoes, it offers a glimpse as to how much protectionism has suppressed domestic commerce.
These examples show how protectionism has a predictable way of backfiring. The Jones Act protects domestic shipbuilders from competition on domestic routes, businesses and consumers pay the price. By requiring the vessels to be U.S.-owned, U.S.-flagged, and U.S.-owned, the law restricts the number of ships that can enter ports.
The Competitive Enterprise Institute summarized research on the Jones Act. Not only can the Jones Act make shipping costs up to three times the costs of foreign shipment, but removing the Jones Act would actually increase output by 71 percent, according to a report from the OECD.
When businesses can only select from a limited number of eligible vessels, they face less competition and fewer alternatives when demand rises or ships are unavailable. That scarcity pushes freight rates higher. It's basic supply and demand. When demand remains constant, restricting supply has this tendency to raise prices.
Those higher prices don't stop at the dock. Businesses either absorb the expense and reduce their profits, or they pass the cost onto the consumers. Regardless of the choice, these decisions ripple throughout the U.S. economy.
By allowing for more competition, the waiver eases the artificial scarcity, expands shipping capacity, and makes previously uneconomical shipments more viable. In other words, relaxing a law intended to protect American maritime commerce can help more American businesses move more American goods to American consumers.
The Jones Act is supposed to be protecting American shipping, maritime jobs, and national security. As CEI points out in a study about the Jones Act, the national security argument is questionable at best. What the law does a fine job of is protecting a small handful of politically connected industry players at the expense of everyone else. The current waiver demonstrates what can happen when you remove onerous restrictions: more opportunities for Americans to do business with one another. For the same of American citizens and businesses, it's long past time that we get rid of this protectionist monstrosity.




