But we also learn that at certain times in history, surprising, unpredicted victories became

  possible when ordinary people organized, risked, sacrificed, and persisted.

  Those victories for social justice did not come through the normal workings of the political

  system. It is useful, even necessary, to work through the regular channels as far as they

  can take you. But they have never taken us very far. The very poor seem to understand

  that. In 1969 a Senate committee was investigating hunger in the South. A black woman

  was on the stand and Senator El ender of Louisiana was questioning her. She suddenly said

  to him, "I want to ask you a few questions."

  senator: Don't get smart with me!

  woman: How come you can't do anything for us?

  senator: We just make the laws.

  woman: What good is the laws?

  senator: It is up to the Executive Branch to enforce them. There are three

  branches of government, Executive, Legislative, Judicial, and …

  woman (interrupting): You got al those branches of government to go

  through before something gets done. No wonder we starving!

  However, the establishment of representative government, voting for Congress and for the

  president, created the possibility (although the political system itself would be control ed by

  money) of a legislative response to public pressure. And it was such pressure—coming out

  of social struggle—that brought about whatever economic reforms we see now in our

  economic system. Indeed, there is no country in the world that can match the United States

  in the number and intensity of labor struggles.

  Take the eight-hour day. It was achieved for most workers, not through the legislative

  process, but through many years of bitter struggle. Hundreds of thousands of workers won

  the eight-hour day by going on strike long before it was enacted into law in the 1930s. In

  the year 1886 when the labor movement decided to make its big push to reduce the

  working day to eight hours, there were 1,400 strikes, involving 500,000 workers.

  The period between 1877 and 1914 saw a series of bitter labor struggles take place

  throughout the country in rebel ion against intolerable working conditions and starvation

  wages. In 1877 there was a wave of railroad strikes in the east, suppressed final y by state

  militia and federal troops at the cost of a hundred lives.

  142

  In 1894 the Pul man Strike tied up the nation's railroads until it was crushed by court injunctions and soldiers. In 1892 and again in 1902 there were strikes in the steel industry.

  In 1913-1914 there was the long, violent strike in the coal country of southern Colorado.

  The workers were almost always defeated by the power of the corporation, with the

  col aboration of the government.

  In 1912, however, came a rare labor victory, in Lawrence, Massachusetts, in the strike of

  mostly immigrant textile workers, many of them women, against the powerful American

  Woolen Company. Strikers were beaten, jailed, and kil ed. Their children went hungry. But

  they organized mass picketing, chains of 7,000 and 10,000 men and women in endless

  picket lines. The company final y surrendered and agreed to give higher wages and overtime

  pay.

  In the 1880s and 1890s farmers al over the United States, pushed to the wal by banks,

  railroads, and merchants, organized a vast network of al iances that became the Populist

  Movement, involving in one way or another several mil ion farm families, north and south.

  They elected candidates to state legislatures and to Congress.

  In response to these movements and out of the desire of the establishment to make its

  control more secure, certain reforms took place in the twentieth century. Congress passed

  laws to regulate the railroads. It set up a Federal Trade Commission supposedly to control

  the growth of monopolies. There was a constitutional amendment to enable the rich to be

  taxed more heavily through a graduate income tax. A number of states passed laws

  regulating wages and hours and providing for safety inspection of factories and

  compensation for injured workmen.

  In the 1930s, in the midst of economic crisis, the country was in turmoil. There were

  general strikes tying up San Francisco and Minneapolis; riots of the unemployed;

  organizations of tenants al over the country stopping evictions; and massive strikes in the

  steel, rubber, and auto industries. There were more than 500 sit-down strikes in 1937

  alone.64

  The reform legislation of the New Deal—unemployment compensation, Social Security, work

  programs, minimum wages—was very much a reaction, not only to the economic situation,

  but to that wave of strikes and the threat of growing radicalism in the country. It is clear

  that the passage of the National Labor Relations Act, which for the first time gave trade

  unions legal standing and an official machinery for dealing with work grievances, was a

  response to the widespread disruption of labor struggles, an attempt to pacify the class

  conflict in the workplace.65

  Frances Piven and Richard Cloward, in their book Poor People's Movements, look at the

  workers' movements of the thirties and explain the last-minute decision to support the

  National Labor Relations Act:

  Roosevelt and his advisors had original y thought of labor concessions

  primarily in terms of unemployment relief and insurance, old age pensions,

  and wages and hours protections. But rank-and-file agitation set new terms,

  and the terms would have to be met if labor was to be kept in line.66

  Under the Social Security Act of 1935 the program Aid to Families with Dependent Children

  (AFDC) was created. But the states made it difficult for families to get this help. It was not

  until a disruptive, threatening welfare rights movement developed in the 1960s that AFDC

  began to give significant help to desperately poor families, most of them consisting of single

  mothers taking care of their children.67

  143

  Americans often point with pride to the high standard of living of the working class—the families that own their own homes, a car, and a television and can afford to go away on

  vacation. Al of this—the eight-hour day, a fairly decent wage, and vacations with pay—did

  not come about through the natural workings of the market, or through the kindness of

  government. It came about through the direct action of workers themselves in their labor

  struggles or through the response of state and national governments to the threat of labor

  militancy.

  None of this has been sufficient to bring about economic justice in this country of wealth

  and poverty, gigantic production and colossal waste, glittering luxury and miserable slums.

  If we are going to make the radical changes to produce a situation we can cal economic

  justice, much more wil be required. People wil have to organize and struggle, to protest, to

  strike, to boycott, to engage in politics, to go outside of politics and engage in civil

  disobedience, to act out (as blacks did when they simply went into places where they were

  excluded) the equalization of wealth.

  Only when wealth is equalized (at least roughly) wil liberty be equalized. And only then wil

  justice be possible in this country. Only then can we final y make real the promise of the

  Declaration of Independence, to giv
e al men—and women and children—the equal right to

  "life, liberty, and the pursuit of happiness."

  1 New York Times, July 13, 1969.

  2 New York Times, May 16, 1986.

  3 Boston Globe, Feb. 26, 1985. This Physicians Task Force on Hunger had spent two years

  traveling to fourteen states and going into hundreds of homes, and made their estimates on

  the basis of their observations along with official reports from the Census Bureau and the

  U.S. Department of Agriculture. They said their estimate was a conservative one.

  4 New York Times, Aug. 17, 1984.

  5 UPI dispatch, Apr. 3, 1984.

  6 New York Times, Jan. 12, 1990.

  7 For more information on the class distinctions of early America, see Howard Zinn, The

  Politics of History (Il inois University Press, 1990), "Inequality."

  8 It should be pointed out that the word property was defined by John Locke more broadly a

  century before the adoption of the U.S. Constitution. He said that people leave the state of

  nature and join in society "for the mutual Preservation of their Lives, Liberties and Estates, which I cal by the general Name, Property." Two Treatises of Government. But that broader definition of the word was not used in the Constitution or later in the courts of the United

  States. C. B. Macpherson in his essay "A Political Theory of Property" suggests that the

  definition of the word be expanded to give not just corporations but individuals "a right of

  access to the means of labor" and that in some future society of abundance property wil

  also mean "a right to a share in political power to control the uses of the amassed capital

  and the natural resources of the society, and beyond that, a right to a kind of society, a set

  of power relations throughout the society, essential to a ful y human life." He says that "up to now, property has been a matter of a right to a material revenue. With the conquest of

  scarcity that is now foreseen, property must become rather a right to an immaterial

  revenue, a revenue of enjoyment of the quality of life." Democratic Theory (Oxford

  University Press, 1973), 139.

  144

  9 Louis Hartz, Economic Policy and Democratic Thought, shows how the state of

  Pennsylvania played an important role in the development of its economy in the years

  between the Revolution and the Civil War. Frank Bourgin, The Great Chal enge: The Myth of

  Laissez-Faire in the Early Republic (Brazil er, 1989), shows in detail how the strong hand of government was involved in the economy.

  10 For the relations between government and the wealthy, there are a number of good

  sources. Charles Beard, An Economic Interpretation of the Constitution of the United States

  (Macmil an, 1935), shows how the Constitution responded to the needs of the upper

  classes. Thomas Cochran and Wil iam Mil er, The Age of Enterprise (Macmil an, 1942), deal

  with government aid to business in the nineteenth century, as does Gustavus Myers, History

  of the Great American Fortunes (Modern Library, 1936).

  11 Harvey O'Connor, Mel on 's Mil ions (John Day, 1933).

  12 Harper's Magazine, 1931.

  13 New York Times, Oct. 16, 1984.

  14 Morton Horwitz, The Transformation of American Law (Harvard University Press, 1977).

  15 Philosopher Morris Cohen in the 1920s lectured at Cornel University on property and

  sovereignty: "The extent of the power over the life of others which the legal order confers

  on those cal ed owners is not ful y appreciated by those who think of the law as merely

  protecting men in their possession. Property law does more. It determines what men shal

  acquire. Thus, protecting the property rights of a landlord means giving him the right to

  col ect rent, protecting the property of a railroad or a public-service corporation means

  giving it the right to make certain charges." Morris Cohen, "Property and Sovereignty,"

  Cornel! Law Quarterly (1927), reprinted in Virginia Held, ed., Property, Profits, and

  Economic Justice (Wadsworth, 1980).

  16 Locbner v. New York, 198 U.S. 45 (1905).

  17 West Coast Hotel Co. v. Parrish, 300 U.S. 379 (1937).

  18 San Antonio Independent School District v. Rodriguez (411 U.S. 1) 1973. Two years

  earlier, a court in California (Serrano v. Priest) had ruled that the accident of school district wealth was not a legitimate basis for fixing the limits of a child's education.

  19 New York Times, Sept. 28, 1969.

  20 New York Times, May 27, 1969.

  21 New York Times, July 28, 1978.

  22 This appears in a speech by Adam Smith made in the 1760s, reprinted in F. L. Meek, ed.

  Lectures on Jurisprudence: Adam Smith (Oxford University Press, 1978)

  23 Canadian television film Struggle for Democracy, Public Broadcasting Corporation.

  24 Quoted from Thomas Malthus, On Population, in an article by John Hess, "Malthus. Then and Now," The Nation, Apr. 18, 1987. Hess notes that Malthus is stil admired by

  conservatives. He takes note of Gertrude Himmelfarb, who, in her introduction to a new

  edition of Malthus's book, talks about the benefits of the Poor Law, adopted in England in

  1834, which ended home relief but set up workhouses for the poor that were "so appal ing

  as to discourage even the most determined malingerers, and the sexes being separated so

  as to prevent the population increase Malthus had warned against."

  145

  25 Conservative writer Irving Kristol argued this way in his article "About Equality,"

  Commentary, Nov. 1972. Michael Walzer tackles his argument in an essay "In Defense of Equality," Radical Principles (Basic Books, 1980).

  26 Milton Friedman, Capitalism and Freedom (Chicago: University of Chicago Press, 1962).

  27 This is from a survey conducted by Columbia University's Center for the Social Sciences.

  New York Times, Jan. 23, 1986.

  28 Walzer, Radical Principles, 240, says, "In a capitalist world money is the universal medium of exchange; it enables the men and women who possess it to purchase virtual y

  every other sort of social good… . Now isn't it odd, and moral y implausible and unsatisfying,

  that al these things should be distributed to people with a talent for making money?"

  29 George Bernard Shaw, The Intel igent Woman's Guide to Socialism, (Brentano's, 1928),

  71.

  30 A. M. Honore, of Oxford University, in his essay "Property, Title, and Redistribution,"

  points to the many older societies in which property was communal in various degrees. The

  ways include family or clan ownership, public ownership, rotating individual use, individual

  ownership coupled with compulsory sharing, etc. He cites these to show there is "nothing

  unnatural" about these departures from the "private property" idea that many people in capitalist society take to be "natural." Virginia Held, ed., Property, Profits, and Economic Justice.

  31 Karl Marx, Critique of the Gotha Program (1875).

  32 Walzer, Radical Principles, 242-243.

  33 These data are from a study by the Employee Benefit Research Institute, a private group

  that analyzes government data. New York Times, July 30, 1089.

  34 Robert Nozick in Anarchy, State and Utopia (Basic Books, 1974) does introduce a

  "principle of rectification" (p. 231). He acknowledges that past injustices may have led to a certain present distribution of wealth. He then says, "These issues are very complex and are

  best left to a ful treatment of the principle of rectification." And then in the two concluding sentences of his chapter on distributive justice, he seems to suddenly throw over the
whole

  truckload of arguments he has given against transfer payments to the poor. In the absence

  of such a treatment applied to a particular society, one cannot use the analysis and theory presented here to condemn any particular scheme of transfer payments, unless it is clear

  that no considerations of rectification of injustice could apply to justify it. Although to

  introduce socialism as the punishment for our sins would be to go too far, past injustices

  might be so great as to make necessary in the shortrun a more extensive state in order to

  rectify them.

  This is a surprising retreat from his entitlement theory, but he then goes on as if this were

  an aside. In the very next chapter, discussing equality of opportunity, he worries that if you

  are going to increase opportunity for people who haven't had much, you wil have to take

  away something [he means taxes, I suppose] from those who have been "more favored

  with opportunity." He says, "But holdings to which these people are entitled may not be

  seized [a scare word like seized helps Nozick's argument more than a word like taxed] even to provide equality of opportunity for others," p. 235.

  35 Quoted by Virginia Held, ed., Property, Profits, and Economic Justice (Wadsworth, 1980).

  36 Milton Friedman, Capitalism and Freedom (University of Chicago Press, 1981).

  146

  37 New York Times, Aug. 3, 1986. In its feature story on the death of Roy Cohn, who had

  been counsel to Senator Joseph McCarthy of Wisconsin when McCarthy was on his famous

  hunt for Communists in government, the Times said,

  A lifelong bachelor, he lived extremely wel . To avoid high taxes, he drew a comparatively

  low salary of $100,000 a year from his law firm, which compensated him further, and

  regal y, by giving him a rent-free Manhattan apartment, paying part of the rent on his

  Greenwich home, supplying him with the use of a chauffeured Rol s-Royce and other fine

  cars and paying al his bil s at expensive restaurants such as Le Cirque, "21" and many

  others. These expenses were said to run to $1 mil ion a year.

  38 New York Times, Mar. 3, 1989.

  39 Friedman, Capitalism and Freedom, 14-15. His argument here is dissected neatly by

  Macpherson, Democratic Theory, 143-156.

  40 Macpherson criticizes Friedman, saying, "What distinguishes the capitalist economy from