find a legal basis for civil disobedience, as if the morality of the disobedient act is not enough. Granted, the Constitution has enough open-ended rights (the Ninth Amendment,

  for instance, has endless possibilities for asserting the rights of people) to cover just about

  anything. But to seek refuge in that gives too much support to the idea that you must have

  a legal cover for your moral act. Dworkin's undue respect for the law shows itself when he

  says (near the end of his chapter on civil disobedience): "If acts of dissent continue to occur after the Supreme Court has ruled that the laws are valid, or that the political question

  doctrine applies, then acquittal on the grounds I have described [an 'uncertain' law] is no

  longer appropriate." In other words, Dworkin is wil ing to accept punishment—he suggests

  "minimal or suspended sentences"—for insistent civil disobedience. Dworkin finds himself in the humble position of appealing for leniency to the authorities—to Congress, to the

  prosecutor, to the judge—because he is constantly addressing, not the citizenry, but the

  government (the prince).

  18 Martin Luther King, Jr., "Letter from Birmingham City Jail," reprinted in a col ection edited by Staughton Lynd, Nonviolence in America (Bobbs-Merril , 1966).

  19 Pamphlet distributed by the Catonsvil e Nine Defense Committee in 1968.

  20 Produced by Lee Lockwood, West Newton, Mass. 1970.

  21 John Rawls, in his book A Theory of Justice (Harvard University Press, 1971), has a

  section on civil disobedience (pp. 333-391) in which he worries about civil disobedience

  going so far as to bring about a general disrespect for law, but he does speak strongly about

  the obligation to resist under certain circumstances. Rawls, however, confines his discussion

  to the situation in a "nearly just constitutional regime" by which he seems to mean the

  United States. This exaggerates the justness in our system and, therefore, creates a basis

  for a more cautious and partial acceptance of civil disobedience. There is an excel ent

  comparison of the views on civil disobedience of Rawls, Dworkin, and myself, in an

  unpublished paper by Roger Karapin (as part of his National Science Foundation Graduate

  Fel owship), titled, "The State, Democracy, and the Disobedient Citizen: A Review of Some

  Recent North American Contributions."

  22 Liberals and conservatives often join on this issue. For instance, Irving Kristol, a leading

  American conservative, wrote during the Vietnam war, "Even were I opposed to the

  Administration's policy in Vietnam, which I am not, I would not regard this case as one in

  which civil disobedience is justified. The opportunities for dissent are obviously abundant."

  What Kristol misses is that citizens may have the opportunity to speak up, but speaking

  alone may not be effective enough, powerful enough, to get a nation out of a war. Nets York

  Times Magazine, Nov. 26, 1967. Reprinted in Hugo Bedau, ed., Civil Disobedience (Pegasus, 1969).

  23 James Birney.

  24 Samuel May. See Martin Duberman, ed. The Anti-Slavery Vanguard (Princeton University

  Press, 1965).

  25 Abe Fortas, Concerning Dissent and Civil Disobedience (Signet, 1968).

  26 Quoted by Arthur Schlesinger, Jr., The Imperial Presidency (Popular Library, 1974).

  117

  27 The nineteenth-century English philosopher T. H. Green, in his 1879 lectures on the

  Principles of Political Obligation (University of Michigan Press, 1967), recognizes the right of civil disobedience, especial y in war. He says, "If most wars had been wars for the

  maintenance or acquisition of political freedom" then disobedience might not be justified.

  But, in fact, "in most modem wars the issue has not been of this kind at al . The wars have

  arisen primarily out of the rival ambition of kings and dynasties for territorial

  aggrandisement."

  28 U.S. v. Curtiss-Wrigbt Export Corp. 299 U.S. 304.

  29 Jerome Barron and C. Thomas Dienes, Constitutional Law (West Publishing, 1986),

  comment on the Curtiss-Wright case: "While this declaration of inherent foreign affairs powers, operating independently of the Constitution, represents a questionable interpretation of history, it has never been rejected by the Court, and has, on occasion, been

  embraced."

  30 Da Costa v. Melvin R. Laird, 405 U.S. 979 (1972).

  31 Joint Meeting of the Committee on Foreign Relations and the Armed Services Committee

  of the U.S. Senate, Sept. 17, 1962.

  32 Boston Globe, May 15, 1975.

  33 Studies of the effects of civil disobedience on the psyches of those engaged in it do not

  show that breaking the law for a social purpose wil lead to breaking the law for other

  purposes. A study of 300 young black people who engaged in civil disobedience found

  "virtual y no manifestations of delinquency or anti-social behavior, no school drop-outs, and

  no known il egitimate pregnancies." Pierce and West, "Six Years of Sit-ins: Psychodynamics, Cause and Effects," International Journal of Social Psychiatry (Winter 1966). The authors conclude, "In any event, the evidence is insufficient to demonstrate that acts of civil

  disobedience of the more limited kind inevitably lead to an increased disrespect for law or

  propensity toward crime."

  34 There is an eighteen-page summary of the antiwar movement in Howard Zinn, A People's

  History of the United States (Harper & Row, 1971). The quote from the leaflet is in my files, Wisconsin Historical Society. Also see Nancy Zaroulis and Gerald Sul ivan, Who Spoke Up?

  (Doubleday, 1984).

  35 For the background of this speech, see David Garrow, Bearing the Cross (Wil iam Morrow,

  1986), 552-553.

  36 The facts about conscription during the Vietnam War come from Lawrence Baskir and

  Wil iam Strauss, Chance and Circumstance (Random House, 1978).

  37 Philip Supina's letter is in my files.

  38 The details on draft evaders, deserters, exiles, less-than-honorable discharges, etc. can

  be found in Baskir and Strauss, Chance and Circumstance. They report 500,000 "desertion incidents," which is probably a multiple of the number of permanent desertions.

  39 Boston Globe, Apr. 3, 1972.

  40 New York Times, June 3, 1973.

  41 New York Times, 1980.

  42 Elinor Langer, "The Oakland Seven," The Atlantic (Oct. 1969).

  118

  43 There are more details on this trial in Howard Zinn, "The Camden Trial," Liberation (June 1973).

  44 Much of the material on jury nul ification comes from an article by Professor Alan W.

  Scheflin of the Georgetown University Law Center, "Jury Nul ification: The Right to Say No,"

  Southern California Law Review 45 (no. 1).

  45 Quoted in Sidney Hook, The Paradoxes of Freedom, from The Life and Writings of B. R.

  Curtis (Little Brown, 1879).

  46 Quoted by Scheflin, "Jury Nul ification."

  47 Roscoe Pound, "Law in Books and Law in Action," American Law Review (1910), quoted by Scheflin, "Jury Nul ification."

  48 Jessica Mitford, The Trial of Dr. Spock (Vintage, 1969).

  49 Boston Globe, Sept. 8, 1968.

  50 The Catonsvil e Nine case was official y U.S. v. Moylan (1969). Quoted by Scheflin, "Jury Nul ification."

  51 New York Times, Apr. 16, 1987.

  52 Film, The Holy Outlaw, produced by Lee Lockwood for NET Journal, public television, 1970.

  53 The Pentagon Papers (Gravel Edition, Beacon Press, 1971), 564.

  54 Richard Nixon, RN: The Memoirs of Richard Nixon (Grosset & Dunlap, 1978).

  55 Dumas Malone, Jefferson and the Rights of M
an (Little, Brown, 1951).

  119

  Seven

  Economic Justice: The American Class System

  In the summer of 1989, on the twentieth anniversary of the first human landing on the

  moon, I listened to a television discussion on space exploration. I heard a black woman

  poet, Maya Angelou, struggle, politely but with obvious frustration, against three famous

  male writers who spoke enthusiastical y about spending more bil ions to send men to the

  moon and to Mars.

  Against them, she seemed to be climbing the steepest mountain. She kept saying, Yes, I

  am excited, too, about exploring space, but where wil we get money to help the poor

  people, black and white and Asian, here at home? The three men were perplexed by her

  stubborn refusal to join al the self-congratulation about the conquest of space.

  In the summer of 1969 as preparations were made for landing men on the moon, a New

  York Times reporter wrote from Florida:

  Within the shadow of the John F. Kennedy Space Center, the hungry people

  sit and watch … .

  They sit and watch the early morning crush of cars fil ed with engineers and

  technicians move toward 'the Cape,' 18 miles north, in the feverish days

  before the moon launching on Wednesday morning.

  "The irony is so apparent here," said Dr. Henry Jerkins, the county's only

  Negro doctor. "We're spending al this money to go to the moon and here,

  right here in Brevard, I treat malnourished children with prominent ribs and

  pot bel ies.”1

  In 1987 a ful -page advertisement for Tiffany's, the famous jewelry store, appeared in the

  New York Times, with a photo of "the definitive sports watch in eighteen karat gold. Men's, $9,800. Women's, $7,800." Several months before, the Times carried a story, datelined

  East Hartford, Connecticut, with the fol owing lead paragraph: "A 28-year-old man,

  described as despondent after a long period of unemployment, shot and kil ed his three

  young children today, then committed suicide with the same pistol."2

  The unemployed man from East Hartford was not an oddity. In the year 1987 (according to

  a report of the Ways and Means Committee of the House of Representatives) one-fifth of

  the population in the United States—more than 50 mil ion people—lived in families whose

  annual income averaged $5,000 a year.

  The success and failure of the United States of America lies in those stories. Staggering

  technological advance alongside poverty and hunger. A class of extremely rich people;

  another class of quite prosperous people (but nervous about the security of their situation);

  another class of men, women, and children living in desperation and misery within sight of

  colossal wealth. Who could be surprised that crime, violence, and drug addiction would

  accompany such contrasts? Or that psychic disorder, broken families, and alcoholism would

  accompany such insecurity?

  We have a class system, unmistakably, in a country that promises "liberty and justice for

  al ." Where is the justice of a society that has such extremes of luxury for some, misery for others? Or does the middle-class comfort with which most of us live in the United States

  prevent us from asking that question with genuine indignation?

  121

  Part of me holds on to the class anger that grew in me as a teenager when, watching the belongings of hardworking people put out on the street because they could not pay their

  rent, their eviction overseen by club-carrying policemen, I became conscious that something

  was terribly wrong.

  My father had a fourth-grade education, my mother got as far as the seventh grade. They

  both worked very hard, but we lived in dirty buildings, roach-infested cold rooms, with no

  refrigerator, no shower, no phone. I would come back from school in the winter's early dusk

  and find the house dark, no electricity, and the gas oven not working because the bil s had

  not been paid. I did not believe it was the work of God, and after some thought I concluded

  that it was not an accident; it was systematic, recurring, manmade, and approved by the

  law.

  The anger melts repeatedly as I enjoy the good things that this rich country supplies to two-

  thirds of its population, but the anger returns when I read that the U.S. Defense

  Department proposes to spend $70 bil ion for stil another war plane (a moral monster,

  cal ed the Stealth Bomber) while the government cuts subsidies for public housing and 2

  mil ion Americans, including hundreds of thousands of children, have no place to live.

  During the Reagan administration of the 1980s, the country's rich became richer and the

  poor, poorer. Reagan's attorney-general, Edwin Meese, said cheerful y he was not aware of

  people being hungry. Around the time he was saying this a Physicians Task Force reported

  that 15 mil ion American families had an income of under $10,000 a year, received no food

  stamps, and were chronical y unable to get adequate food.3 A report by the Harvard School

  of Public Health in 1984 said that its researchers found that over 30,000 people had to beg

  for food to avoid starvation.

  Since the end of World War II there has been a fanatic, almost insane wil ingness to spend

  bil ions on weapons, while mil ions of American families lack the basic necessities of life. The

  fol owing story appeared in the New York Times in the summer of 1984:

  An investigation of the Navy's newest and most technical y advanced cruiser

  by the staff of the House Appropriations Committee has found the ship

  overweight, sluggish, and in possible danger of capsizing… . The

  Ticonderoga … cost (1 bil ion … . The Reagan Administration plans to order

  between 18 and 24 of the ships in coming years.4

  A few months before that report, a United Press International dispatch appeared in the

  press:

  The Reagan Administration's budget includes welfare cuts for pregnant

  women and those who get aid under the program for the aged, the blind and

  the disabled, government officials said today … . The change could save (1.5

  mil ion to (3.5 mil ion.5

  In early 1990, as dramatic changes in the Soviet Union and in Eastern Europe made a

  "Soviet threat" extremely unlikely, President George Bush, in a speech to a local chamber of commerce, "warned that he would not support new domestic programs paid for with money

  taken from the military budget."6

  122

  When we read about people standing in long lines in Moscow hoping to buy food, the old arguments about socialism and capitalism don't seem useful any more. As we near the end

  of the twentieth century, it seems clear that neither the Soviet system nor the American

  system has been able to meet the fundamental needs of the entire population—to food,

  house, educate, and provide medical care. Perhaps we need to put aside that theoretical

  argument (an argument between two frozen bodies of thought, neither one fitting the

  complicated human situation of today's world) and just try to answer a few important

  questions.

  What is economic justice? What are the proper goals of a good economic system? What is

  the reality of wealth, poverty, and class distinction in this country? And how do we get from

  this reality to something close to justice?

  Rugged Individualism and Self-Help

  Thomas Jefferson wrote in the Declaration of Independence, "We hold the
se truths to be

  self-evident, that al men are created equal." (Or as amended by women who gathered in

  1848 in Seneca Fal s, New York, at a women's rights convention: "that al men and women

  are created equal." Or as a possible children's convention might say: "that al children are created equal.")

  A common reaction to Jefferson's phrase "created equal" is that it is just not so; people are endowed with different physical and mental capacities, and with different talents, drives,

  and energies. But this is a misreading of the Declaration of Independence. There is no

  period after the word "equal," but a comma, and the sentence goes on: "that they are endowed by their Creator with certain unalienable Rights, that among these are Life,

  Liberty, and the pursuit of Happiness." In other words, people are equal not in their natural

  abilities but in their rights.

  Jefferson said this was "self-evident," and I would think that most people would agree. But some selves do not think it evident at al . We know that Jefferson and the Founding Fathers, almost al of whom were very wealthy, did not real y mean for that equality to be

  established, certainly not between slave and master, not between rich and poor. And when,

  eleven years after they adopted the Declaration, they wrote a constitution, it was designed

  to keep the distribution of wealth pretty much as it existed at the time—which was very

  unequal. But that is no reason for anyone to surrender those rights, any more than the

  ignoring of the racial equality demanded by the Fourteenth Amendment was reason for

  discarding that goal.

  To say that people have an equal right to life, liberty, the pursuit of happiness, means that

  if, in fact, there is inequality in those things, society has a responsibility to correct the

  situation and to ensure that equality.

  Not everyone thinks so. One man whose thinking was close to that of the Reagan

  administration in the eighties (Charles Murray, Losing Ground) wrote enthusiastical y about doing away with government aid to the poor: "It would leave the working-aged person with

  no recourse whatsoever except the job market, family members, friends, and public or

  private local y funded services."

  It is a restatement of laissez-faire—let things take their natural course without government