Redistributive change
Encyclopedia
Redistributive change is a legal theory of economic justice in the context of U.S. law that promotes the recognition of poverty
as a classification
, like race, ethnicity, gender
, and religion
, that should likewise draw extra scrutiny
from the courts in matters pertaining to civil rights
.
The theory was discussed in academia in the wake of Goldberg v. Kelly
, a 1970 U.S. Supreme Court case, which decided that due process
, such as a notice and a fair hearing, were required when dealing with the deprivation of a government benefit (such as a medical license
) or an entitlement
(such as welfare payments). However, attempts to promote redistributive change through the courts gained no traction, and the result of Goldberg v. Kelly was thus limited in scope.
One of the goals, in light of Brown v. Board of Education
, was to promote equality in school funding
, but this was specifically rejected by the Supreme Court in San Antonio School District v. Rodriguez (1973) which ruled there was no inherent right to education
in the United States.
A discussion among two law professors and Illinois State Senator and law lecturer Barack Obama
on the topic of civil rights aired on Chicago Public Radio
's Odyssey
program in 2001. Obama declared in the discussion that redistributive change needs to come through legislation
, not the courts, and lamented that the civil rights movement
failed to pursue political means to bring such a change about. As a result of Obama's candidacy in the 2008 U.S. Presidential election, the matter became a campaign issue during the final week of the election, fueling a charge made by his opponent, U.S. Senator John McCain
, that Obama was a closet socialist.
Poverty
Poverty is the lack of a certain amount of material possessions or money. Absolute poverty or destitution is inability to afford basic human needs, which commonly includes clean and fresh water, nutrition, health care, education, clothing and shelter. About 1.7 billion people are estimated to live...
as a classification
Suspect classification
In American jurisprudence, a suspect classification is any classification of groups meeting a series of criteria suggesting they are likely the subject of discrimination...
, like race, ethnicity, gender
Gender
Gender is a range of characteristics used to distinguish between males and females, particularly in the cases of men and women and the masculine and feminine attributes assigned to them. Depending on the context, the discriminating characteristics vary from sex to social role to gender identity...
, and religion
Religion
Religion is a collection of cultural systems, belief systems, and worldviews that establishes symbols that relate humanity to spirituality and, sometimes, to moral values. Many religions have narratives, symbols, traditions and sacred histories that are intended to give meaning to life or to...
, that should likewise draw extra scrutiny
Strict scrutiny
Strict scrutiny is the most stringent standard of judicial review used by United States courts. It is part of the hierarchy of standards that courts use to weigh the government's interest against a constitutional right or principle. The lesser standards are rational basis review and exacting or...
from the courts in matters pertaining to civil rights
Civil rights
Civil and political rights are a class of rights that protect individuals' freedom from unwarranted infringement by governments and private organizations, and ensure one's ability to participate in the civil and political life of the state without discrimination or repression.Civil rights include...
.
The theory was discussed in academia in the wake of Goldberg v. Kelly
Goldberg v. Kelly
Goldberg v. Kelly, 397 U.S. 254 , is a case in which the United States Supreme Court ruled that the Due Process Clause of the Fourteenth Amendment to the United States Constitution requires an evidentiary hearing before a recipient of certain government benefits can be deprived of such benefits...
, a 1970 U.S. Supreme Court case, which decided that due process
Due process
Due process is the legal code that the state must venerate all of the legal rights that are owed to a person under the principle. Due process balances the power of the state law of the land and thus protects individual persons from it...
, such as a notice and a fair hearing, were required when dealing with the deprivation of a government benefit (such as a medical license
Medical license
In most countries, only persons with a medical license bestowed either by a specified government-approved professional association or a government agency are authorized to practice medicine. Licenses are not granted automatically to all people with medical degrees...
) or an entitlement
Entitlement
An entitlement is a guarantee of access to benefits based on established rights or by legislation. A "right" is itself an entitlement associated with a moral or social principle, such that an "entitlement" is a provision made in accordance with legal framework of a society...
(such as welfare payments). However, attempts to promote redistributive change through the courts gained no traction, and the result of Goldberg v. Kelly was thus limited in scope.
One of the goals, in light of Brown v. Board of Education
Brown v. Board of Education
Brown v. Board of Education of Topeka, 347 U.S. 483 , was a landmark decision of the United States Supreme Court that declared state laws establishing separate public schools for black and white students unconstitutional. The decision overturned the Plessy v. Ferguson decision of 1896 which...
, was to promote equality in school funding
Education in the United States
Education in the United States is mainly provided by the public sector, with control and funding coming from three levels: federal, state, and local. Child education is compulsory.Public education is universally available...
, but this was specifically rejected by the Supreme Court in San Antonio School District v. Rodriguez (1973) which ruled there was no inherent right to education
Right to education
The right to education is a universal entitlement to education, a right that is recognized as a human right. According to the International Covenant on Economic, Social and Cultural Rights the right to education includes the right to free, compulsory primary education for all, an obligation to...
in the United States.
A discussion among two law professors and Illinois State Senator and law lecturer Barack Obama
Barack Obama
Barack Hussein Obama II is the 44th and current President of the United States. He is the first African American to hold the office. Obama previously served as a United States Senator from Illinois, from January 2005 until he resigned following his victory in the 2008 presidential election.Born in...
on the topic of civil rights aired on Chicago Public Radio
Chicago Public Radio
WBEZ is a noncommercial, public radio station broadcasting from Chicago, Illinois. Financed primarily by listener contributions, the station is affiliated with both National Public Radio and Public Radio International; they also broadcast content from American Public Media...
's Odyssey
Odyssey (WBEZ)
Odyssey was a daily talk show of ideas produced by WBEZ Chicago Public Radio. Hosted by Gretchen Helfrich, Odyssey explored topics ranging from religion in the public sphere to reasoning about risk; pacifism to post-national identity; memory to Microsoft; societal views on mental health to the...
program in 2001. Obama declared in the discussion that redistributive change needs to come through legislation
Legislation
Legislation is law which has been promulgated by a legislature or other governing body, or the process of making it...
, not the courts, and lamented that the civil rights movement
Civil rights movement
The civil rights movement was a worldwide political movement for equality before the law occurring between approximately 1950 and 1980. In many situations it took the form of campaigns of civil resistance aimed at achieving change by nonviolent forms of resistance. In some situations it was...
failed to pursue political means to bring such a change about. As a result of Obama's candidacy in the 2008 U.S. Presidential election, the matter became a campaign issue during the final week of the election, fueling a charge made by his opponent, U.S. Senator John McCain
John McCain
John Sidney McCain III is the senior United States Senator from Arizona. He was the Republican nominee for president in the 2008 United States election....
, that Obama was a closet socialist.
See also
- General Welfare clauseGeneral Welfare clauseA General Welfare clause is a section that appeared in many constitutions, as well as in some charters and statutes, which provides that the governing body empowered by the document may enact laws to promote the general welfare of the people...
- Robin Hood planRobin Hood planThe Robin Hood plan was a media nickname given to legislation enacted by the U.S. state of Texas in 1993 to provide court-mandated equitable school financing for all school districts in the state...
- Poverty in the United StatesPoverty in the United StatesPoverty is defined as the state of one who lacks a usual or socially acceptable amount of money or material possessions. According to the U.S. Census Bureau data released Tuesday September 13th, 2011, the nation's poverty rate rose to 15.1% in 2010, up from 14.3% in 2009 and to its highest level...
- De-industrialization crisis