The Second Bill of Rights

If Franklin Roosevelt had lived longer, the United States might have a Second Bill of Rights. We might have had more amendments to the Constitution, or simply a collection of new laws, but in either form we would have established a set of economic rights to go along with the political rights already stated in the Constitution.

This was news to me until recently. Here’s what President Roosevelt said in his State of the Union address on January 11, 1944, as the war continued in Europe and the Pacific:

It is our duty now to begin to lay the plans and determine the strategy for the winning of a lasting peace and the establishment of an American standard of living higher than ever before known. We cannot be content, no matter how high that general standard of living may be, if some fraction of our people—whether it be one-third or one-fifth or one-tenth- is ill-fed, ill-clothed, ill housed, and insecure.

This Republic had its beginning, and grew to its present strength, under the protection of certain inalienable political rights—among them the right of free speech, free press, free worship, trial by jury, freedom from unreasonable searches and seizures. They were our rights to life and liberty.

As our Nation has grown in size and stature, however—as our industrial economy expanded—these political rights proved inadequate to assure us equality in the pursuit of happiness.

We have come to a clear realization of the fact that true individual freedom cannot exist without economic security and independence. “Necessitous men are not free men.” People who are hungry and out of a job are the stuff of which dictatorships are made.

In our day these economic truths have become accepted as self-evident. We have accepted, so to speak, a second Bill of Rights under which a new basis of security and prosperity can be established for all regardless of station, race, or creed.

Among these are:

The right to a useful and remunerative job in the industries or shops or farms or mines of the Nation;

The right to earn enough to provide adequate food and clothing and recreation;

The right of every farmer to raise and sell his products at a return which will give him and his family a decent living;

The right of every businessman, large and small, to trade in an atmosphere of freedom from unfair competition and domination by monopolies at home or abroad;

The right of every family to a decent home;

The right to adequate medical care and the opportunity to achieve and enjoy good health;

The right to adequate protection from the economic fears of old age, sickness, accident, and unemployment;

The right to a good education.

All of these rights spell security. And after this war is won we must be prepared to move forward, in the implementation of these rights, to new goals of human happiness and well-being….

I ask the Congress to explore the means for implementing this economic bill of rights… Many of these problems are already before committees of the Congress in the form of proposed legislation. I shall from time to time communicate with the Congress with respect to these and further proposals. In the event that no adequate program of progress is evolved, I am certain that the Nation will be conscious of the fact.

The President began his fourth term one year later, on January 20, 1945, but he didn’t live past April. President Truman took over and didn’t pursue the idea of an economic Bill of Rights.

There’s more about the speech, including the full text, here. Roosevelt would have delivered the State of the Union to Congress, but he didn’t feel well that night. Instead, he gave the speech over the radio from the White House (Congress received a printed copy). But he also had parts of the speech filmed by newsreel companies so it could be shown in movie theaters. Here’s some of that footage:

Roosevelt said a lot else that night. For example, he criticized what we now call “special interests”, calling attention to the millions of people with “few or no high pressure representatives at the Capitol”:

The overwhelming majority of our people have met the demands of this war with magnificent courage and understanding…. However, while the majority goes on about its great work without complaint, a noisy minority maintains an uproar of demands for special favors for special groups. There are pests who swarm through the lobbies of the Congress and the cocktail bars of Washington, representing these special groups as opposed to the basic interests of the Nation as a whole. They have come to look upon the war primarily as a chance to make profits for themselves at the expense of their neighbors – profits in money or in terms of political or social preferment.

Well, that situation has only gotten worse since 1944.

Roosevelt also warned against right-wing reactionaries trying to turn back the clock:

One of the great American industrialists of our day … recently emphasized the grave dangers of “rightist reaction” in this Nation. All clear-thinking businessmen share his concern. Indeed, if such reaction should develop — if history were to repeat itself and we were to return to the so-called “normalcy” of the 1920’s — then it is certain that even though we shall have conquered our enemies on the battlefields abroad, we shall have yielded to the spirit of Fascism here at home.

Even if Roosevelt wasn’t feeling well that night, I bet he would have had a good laugh if someone had suggested that a certain 32-year old actor, then making Army Air Force training films in California, would one day lead just such a right-wing reaction.

A Trip to a Very, Very Sandy Beach

If you were a pigeon and you lived at Grand Central Station in New York City, you’d only have to fly 20 miles south to get to a great New Jersey beach. Most of your flight would be over Brooklyn, but the last 5 miles would be over water. When you got to the beach, you’d be at the Sandy Hook Unit of the Gateway National Recreation Area. Pretty cool, right?

pigeon

Sandy Hook has been through some changes over the years. It was “discovered” by Henry Hudson in 1609. A lighthouse was constructed in 1764, which the British tried but failed to destroy in 1776. It’s the oldest working lighthouse in the United States. The army used the Sandy Hook Proving Ground to test weapons and munitions between 1876 and 1919. Now, the fort that sits at the tip of the peninsula belongs to the National Park Service and is mostly abandoned. But there are several nice beaches open to the public, including one that’s clothing-optional (obviously, the Republicans in Congress haven’t heard about it).

Anyway, the only reason I’m writing about this is that a friend and I visited Sandy Hook last week, before the summer crowds showed up. When we parked the car and made our way to the beach, I was amazed. It was the widest beach I’ve ever seen. We could hardly see the water. The few people who had crossed the burning sands before us were almost invisible. So I was moved to take this picture:

IMG_20150429_134012237If you look closely, you can see New York City off in the distance, on the other side of the bay, and a few tiny little people at the water’s edge. Considering that we were standing in the vicinity of 20 million other people who live in the New York-Newark-Jersey City Metropolitan Statistical Area, it was pretty darn lonely. And, quite appropriately, very, very sandy.

Money and Politicians, Plus Judges

ThinkProgress reports that the Supreme Court sensibly ruled, in a 5-4 decision, that a state can restrict lawyers’ campaign contributions to judges. Chief Justice Roberts explained why:

States may regulate judicial elections differently than they regulate political elections, because the role of judges differs from the role of politicians. Politicians are expected to be appropriately responsive to the preferences of their supporters. Indeed, such “responsiveness is key to the very concept of self-governance through elected officials.” The same is not true of judges. In deciding cases, a judge is not to follow the preferences of his supporters, or provide any special consideration to his campaign donors. A judge instead must “observe the utmost fairness,” striving to be “perfectly and completely independent, with nothing to influence or control him but God and his conscience.” As in White, therefore, our precedents applying the First Amendment to political elections have little bearing on the issues here.

So a majority of the Court agreed that it’s important for judges not to be influenced by campaign contributions, because judges are expected to serve the public good. Does that mean it’s acceptable for politicians to be influenced by campaign contributions, since they’re expected to serve the interests of whoever gives them money?

The obvious problem with Roberts’s explanation is that politicians should serve the public good as much as judges. A President is supposed to serve the national interest. Senators are supposed to serve the national interest and the interests of their particular states. Politicians are only supposed to do little favors for people who give them money. Otherwise, we’d say the politicians were for sale!

After all, we vote anonymously so that nobody, not even the candidates, know who we voted for. That makes sense, because how a particular person voted shouldn’t matter to a politician who represents “the people”.

But doesn’t that suggest that campaign contributions (assuming they’re legal at all) should be anonymous too? Politicians shouldn’t know who gave them money or spent money on their behalf, because they’re not supposed to be influenced by such things. They’re supposed to make their decisions on the merits, not reward the rich people or groups who paid for their campaigns. Nor should politicians be able to extort contributions by threatening anyone.

Anonymous campaign funding was the subject of a 2004 book called “Voting With Dollars” written by two law professors. They argued that all voters should be given government-financed “gift cards” that could only be used to finance presidential campaigns. Last year, two political scientists called for making all campaign contributions anonymous, even those made by major donors:

Indeed, if we think about all the ways transparency helps contributors and candidates put pressure upon each other, it is clear that reporting contributions can make matters worse. Suppose, then, that we turned out the lights? What if we let Adelson and Shaun McCutcheon spend their money on politics but not take credit for their “generosity”? What if we made all campaign contributions and independent expenditures anonymous — and made sure they stayed anonymous?

I don’t know if it’s possible to design a system that would guarantee anonymity. If people contributed to a general fund from which payments were made to their candidates of choice, it would be difficult for the contributors to see that they’d made a specific contribution to a particular candidate without their having the ability to share that information with the candidate in question. Maybe it would be enough to make it illegal to communicate the source of donations or “independent” spending, as the political science professors suggest.  

In addition to reducing the number of favors politicians did for their major contributors, anonymity would theoretically reduce the amount of money in politics too. Presumably, some of the wealthy would limit their spending if they couldn’t expect something in return. Of course, even anonymous contributions won’t solve the Big Money problem. Fixing that will require a majority on the Supreme Court that doesn’t equate unlimited political spending with free speech.

Justice Ginsburg Shoots Down a Dumb Conservative Argument

Our era’s radical Republicans are willing to take a conservative position when it suits them. Thus, during the recent Supreme Court argument regarding same-sex marriage, the right-wingers on the Court pointed out that marriage has involved a man and a woman for thousands of years. From ThinkProgress:

The Court’s conservatives [sic] fixated upon their belief that same-sex marriages are a very new institution. “Every definition [of marriage] I looked up prior to about a dozen years ago,” Chief Justice John Roberts claimed, limited marriages to opposite-sex couples. Advocates for equality, Roberts continued, are “seeking to change what the institution is.” Meanwhile, Justice Samuel Alito argued that even “ancient Greece,” a society he perceived as welcoming to same-sex relationships, did not permit same-sex marriage. Justice Antonin Scalia insisted that “for millennia, not a single society” supported marriage equality.

A natural response would have been: “Of course, and now we’re changing that. Sometimes we make progress”. Justice Ginsburg, however, pointed out that for thousands of years marriage was legally defined as a relationship between a dominant man and a subordinate woman. A further ThinkProgress article on the subject quotes the 18th century legal authority Sir William Blackstone:

…the very being or legal existence of the woman is suspended during the marriage, or at least is incorporated and consolidated into that of the husband; under whose wing, protection and cover, she performs everything.

Traditionally, wives were subservient to their husbands. Being married wasn’t a relationship that two men or two women would ordinarily enter into. Today, however, the law considers marriage to be a relationship between equals. Since marriage is now egalitarian from a legal perspective, it makes sense for anyone who wants an equal partner, whether that partner is of the opposite or same sex, to want to be married. Since there are benefits to being married, and since being able to procreate isn’t a requirement, justice dictates that any two adults who want to get married should be allowed to.

The Riot, the Police and Some Music

I spend a lot of time on a web forum devoted to a certain great musician. Because some of the site’s visitors have ties to Baltimore, the riots and the effect they’re having on the city are being discussed — in a thread supposedly devoted to something else. Emotions obviously run high in such situations, which partly explains why one person who says he lives in Baltimore called for “the police and National Guard to show no mercy”.

I didn’t want to get into this topic on a musician’s website, but it eventually seemed necessary to add another point of view:

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Since what’s been happening in Baltimore keeps being discussed, here’s something from The Atlantic:

Justice demands that participants in the riots are identified, arrested, and charged with whatever crimes they committed. Their unjustifiable violence endangered innocents, destroyed businesses, and harmed the economic future of largely black neighborhoods; they earned the frustrated contempt of Baltimore’s mayor and members of its clergy and strengthened the hand of the public-safety unions that are the biggest obstacles to vital policing reforms.

But a subset of Baltimore police officers has spent years engaged in lawbreaking every bit as flagrant as any teen jumping up and down on a squad car, however invisible it is to CNN. And their unpunished crimes have done more damage to Baltimore than Monday’s riots. Justice also requires that those cops be identified and charged, but few are demanding as much because their brutality mostly goes un-televised. Powerless folks are typically the only witnesses to their thuggery. For too long, the police have gotten away with assaults and even worse. The benefit of the doubt conferred by their uniforms is no longer defensible.

I didn’t realize until today that putting handcuffed suspects in the back of police vans without strapping them in and then driving with sudden stops and starts and making sharp turns so that the suspects get bounced around is common enough in cities like Baltimore and Philadelphia to have been given names like “rough ride” and “nickel ride”.

People have been paralyzed and otherwise injured in both cities and won millions of dollars in damages. The investigation isn’t over, but it’s reasonable to assume that this is how Freddie Grey had his spine and larynx destroyed while he was driven around the city in the back of a police van, before he fell into a coma and died.

The Atlantic article concludes:

I believe it is as necessary now as it was in 1968 [when Martin Luther King Jr. spoke about such things] to simultaneously insist upon the following: that riots are to be condemned; that they are inextricably bound up with injustices perpetrated by the state; and that it is a moral imperative for us to condemn both sorts of violence.

The whole article [by Conor Friedensdorf], which isn’t very long, is here.

The Soul Stirrers with Sam Cooke, “Stand By Me Father”, the early 60s
http://www.youtube.com/watch?v=weYZt3FAqi4

Ben E. King, “Stand By Me”, 1961
http://www.youtube.com/watch?v=hwZNL7QVJjE

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Well, it’s a music site so it seemed best to stay somewhat on topic.