Explore the 1920s law mandating American-made ships for domestic trade. We weigh its role in protecting 650,000 jobs and national security against the high prices it imposes on consumers in Hawaii and beyond.

The Jones Act has created a 'protectionist paradox' where the industry is shielded from the market, but that lack of competition has made it so inefficient that it’s struggling to survive even with the protection.
The Jones Act, formally known as Section 27 of the Merchant Marine Act of 1920, establishes three strict requirements for any vessel transporting goods between two U.S. ports. First, the ship must be U.S.-built, meaning the hull and superstructure must be fabricated in domestic shipyards. Second, the ship must be U.S.-owned, requiring at least 75 percent of the company to be owned by U.S. citizens. Finally, the ship must be U.S.-crewed, necessitating that all officers and at least 75 percent of the crew are U.S. citizens or permanent residents.
Supporters of the law view it as a vital insurance policy that maintains an "organic capability" for the United States. They argue that without these protections, the U.S. would lose its domestic maritime ecosystem, including skilled labor like welders and master mariners. By ensuring a fleet of American ships and crews exists, the U.S. avoids becoming entirely dependent on foreign-flagged vessels—potentially owned by adversaries—to transport food, fuel, and military supplies during a global conflict or national emergency.
Because these non-contiguous territories rely heavily on ocean-going trade, the Jones Act acts as a "hidden tax" or "island premium" on nearly all imported goods. In Puerto Rico, the law is estimated to cost the economy over $1.1 billion annually, significantly increasing the price of food and energy. In Hawaii, shipping costs can be triple those of international routes; for example, it is often more expensive to ship goods from Hawaii to Los Angeles than it is to ship those same goods from Los Angeles to Australia using foreign-flagged vessels.
The protectionist paradox refers to the fact that while the Jones Act was designed to preserve the American shipbuilding industry, it has instead overseen its decline on the global stage. By shielding domestic shipyards from international competition, the law removed the incentive for these yards to innovate or find efficiencies. Consequently, U.S.-built ships now cost four to five times more than those built overseas, and the U.S. share of the global shipbuilding market has plummeted to just 0.1 percent, with dozens of shipyards closing since the 1940s.
The high cost of domestic water transport under the Jones Act often forces cargo onto more carbon-intensive modes of transportation, such as trucks and trains. Since shipping by water is the most fuel-efficient way to move goods—with one barge carrying as much as 60 trucks—the law inadvertently increases highway congestion, air pollution, and infrastructure wear and tear. Additionally, because new Jones Act-compliant ships are so expensive, companies tend to keep older, less fuel-efficient vessels in service longer than they would in a competitive market.
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