Second Bill of Rights
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The Second Bill of Rights or Bill of Economic Rights was proposed by
United States President The president of the United States (POTUS) is the head of state and head of government of the United States. The president directs the executive branch of the federal government and is the commander-in-chief of the United States Armed For ...
Franklin D. Roosevelt Franklin Delano Roosevelt (January 30, 1882April 12, 1945), also known as FDR, was the 32nd president of the United States, serving from 1933 until his death in 1945. He is the longest-serving U.S. president, and the only one to have served ...
during his State of the Union Address on Tuesday, January 11, 1944. In his address, Roosevelt suggested that the nation had come to recognise and should now implement a "second
bill of rights A bill of rights, sometimes called a declaration of rights or a charter of rights, is a list of the most important rights to the citizens of a country. The purpose is to protect those rights against infringement from public officials and pri ...
". Roosevelt argued that the "political rights" guaranteed by the
Constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organization or other type of entity, and commonly determines how that entity is to be governed. When these pri ...
and the
Bill of Rights A bill of rights, sometimes called a declaration of rights or a charter of rights, is a list of the most important rights to the citizens of a country. The purpose is to protect those rights against infringement from public officials and pri ...
had "proved inadequate to assure us equality in the pursuit of happiness". His remedy was to declare an "economic bill of rights" to guarantee these specific rights: *
Employment Employment is a relationship between two party (law), parties Regulation, regulating the provision of paid Labour (human activity), labour services. Usually based on a employment contract, contract, one party, the employer, which might be a cor ...
(
right to work The right to work is the concept that people have a human right to work, or to engage in productive employment, and should not be prevented from doing so. The right to work, enshrined in the United Nations 1948 Universal Declaration of Human Ri ...
)This "right to work" is not to be confused with the " right-to-work laws" to which this term usually alludes inside the United States. * An adequate income for food, shelter, and recreation * Farmers' rights to a fair income * Freedom from
unfair competition Anti-competitive practices are business or government practices that prevent or reduce competition in a market. Antitrust laws ensure businesses do not engage in competitive practices that harm other, usually smaller, businesses or consumers. ...
and monopolies * Decent housing * Adequate medical care *
Social security Welfare spending is a type of government support intended to ensure that members of a society can meet basic human needs such as food and shelter. Social security may either be synonymous with welfare, or refer specifically to social insurance ...
*
Education Education is the transmission of knowledge and skills and the development of character traits. Formal education occurs within a structured institutional framework, such as public schools, following a curriculum. Non-formal education als ...
These rights have come to be known as
economic rights Economic, social and cultural rights (ESCR) are socio-economic human rights, such as the right to education, right to housing, right to an adequate standard of living, right to health, victims' rights and the right to science and culture. Econo ...
; although not to be enshrined within the constitution, the hope of advocating the policy was that it would be "encoded and guaranteed by federal law". Roosevelt stated that having such rights would guarantee American security and that the
United States The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 ...
' place in the world depended upon how far the rights had been carried into practice. This safety has been described as a state of physical welfare, as well as "economic security, social security, and moral security" by American legal scholar
Cass Sunstein Cass Robert Sunstein (born September 21, 1954) is an American legal scholar known for his work in U.S. constitutional law, administrative law, environmental law, and behavioral economics. He is also ''The New York Times'' best-selling author of ...
. Roosevelt pursued a legislative agenda to enact his second bill of rights by lending Executive Branch personnel to key Senate committees. This tactic, effectively a blending of powers, produced mixed results and generated a backlash from Congress which resulted in passage of the Legislative Reorganization Act of 1946. This Act provided funding for Congress to establish its own staffing for committees.


Background

In the runup to the
Second World War World War II or the Second World War (1 September 1939 – 2 September 1945) was a World war, global conflict between two coalitions: the Allies of World War II, Allies and the Axis powers. World War II by country, Nearly all of the wo ...
, the United States had suffered through the
Great Depression The Great Depression was a severe global economic downturn from 1929 to 1939. The period was characterized by high rates of unemployment and poverty, drastic reductions in industrial production and international trade, and widespread bank and ...
following the Wall Street Crash of 1929. Roosevelt's election at the end of 1932 was based on a commitment to reform the economy and society through a "
New Deal The New Deal was a series of wide-reaching economic, social, and political reforms enacted by President Franklin D. Roosevelt in the United States between 1933 and 1938, in response to the Great Depression in the United States, Great Depressi ...
" program. The first indication of a commitment to government guarantees of social and economic rights came in an address to the Commonwealth Club on September 23, 1932, during his campaign. The speech was written with Adolf A. Berle, a professor of
corporate law Corporate law (also known as company law or enterprise law) is the body of law governing the rights, relations, and conduct of persons, companies, organizations and businesses. The term refers to the legal practice of law relating to corpora ...
at
Columbia University Columbia University in the City of New York, commonly referred to as Columbia University, is a Private university, private Ivy League research university in New York City. Established in 1754 as King's College on the grounds of Trinity Churc ...
. A key passage read: Throughout Roosevelt's presidency, he returned to the same theme continually over the course of the New Deal. Also in the
Atlantic Charter The Atlantic Charter was a statement issued on 14 August 1941 that set out American and British goals for the world after the end of World War II, months before the US officially entered the war. The joint statement, later dubbed the Atlantic C ...
, an international commitment was made as the Allies thought about how to "win the peace" following victory in the Second World War. The US' commitment to non-interventionism in World War II ending with the 1941
Lend-Lease Lend-Lease, formally the Lend-Lease Act and introduced as An Act to Promote the Defense of the United States (),3,000 Hurricanes and >4,000 other aircraft) * 28 naval vessels: ** 1 Battleship. (HMS Royal Sovereign (05), HMS Royal Sovereign) * ...
act, and later Pearl Harbor attacks, resulted in the mobilisation of the war state. The generous terms of the act, in conjunction with the economic growth of the US were key in allowing the US to establish new global order with the help of Allied powers in the aftermath of war. This motivation to establish a new global order provided the infrastructure for the implementation of an international standard of human rights, seen with the Second Bill of Rights and the
Universal Declaration of Human Rights The Universal Declaration of Human Rights (UDHR) is an international document adopted by the United Nations General Assembly that enshrines the Human rights, rights and freedoms of all human beings. Drafted by a UN Drafting of the Universal D ...
. Akira Iriye's proposition that the US desired to transform the post war Pacific after their own image is representative of the wider desire to raise global standards to that of the US, feeding into ideals of
American Exceptionalism American exceptionalism is the belief that the United States is either distinctive, unique, or exemplary compared to other nations. Proponents argue that the Culture of the United States, values, Politics of the United States, political system ...
. The effect of wider democratisation and social reform is divulged upon in Francis Fukuyama's '' The End of History and the Last Man.''


Roosevelt's speech

During Roosevelt's January 11, 1944, message to the
Congress A congress is a formal meeting of the representatives of different countries, constituent states, organizations, trade unions, political parties, or other groups. The term originated in Late Middle English to denote an encounter (meeting of ...
on the
State of the Union The State of the Union Address (sometimes abbreviated to SOTU) is an annual message delivered by the president of the United States to a Joint session of the United States Congress, joint session of the United States Congress near the beginning ...
, he said the following:


Found footage

Roosevelt presented the January 11, 1944, State of the Union address to the public on radio as a fireside chat from the White House:
Today I sent my Annual Message to the Congress, as required by the Constitution. It has been my custom to deliver these Annual Messages in person, and they have been broadcast to the Nation. I intended to follow this same custom this year. But like a great many other people, I have had the "flu", and although I am practically recovered, my doctor simply would not let me leave the White House to go up to the Capitol. Only a few of the newspapers of the United States can print the Message in full, and I am anxious that the American people be given an opportunity to hear what I have recommended to the Congress for this very fateful year in our history — and the reasons for those recommendations. Here is what I said ...
He asked that newsreel cameras film the last portion of the address, concerning the Second Bill of Rights. This footage was believed lost until it was uncovered in 2008 in South Carolina by
Michael Moore Michael Francis Moore is an American film director, producer, screenwriter, and author. Moore's work frequently addresses various Social issue, social, political, and economic topics. He first became publicly known for his award-winning debut ...
while researching the film '' Capitalism: A Love Story''. The footage shows Roosevelt's Second Bill of Rights address in its entirety as well as a shot of the eight rights printed on a sheet of paper.


Revival

After Roosevelt's death in 1945, President Harry Truman's administration had, within a few years, compromised the New Deal. FDR's third-term vice president, Henry Wallace, launched a presidential bid in 1948 with a new party. The Progressive Party platform promoted the opposition party's abandoned Economic Bill of Rights. In July 1960, at the
Democratic National Convention The Democratic National Convention (DNC) is a series of presidential nominating conventions held every four years since 1832 by the United States Democratic Party. They have been administered by the Democratic National Committee since the 18 ...
, the party nominated John F. Kennedy for president and
Lyndon Johnson Lyndon Baines Johnson (; August 27, 1908January 22, 1973), also known as LBJ, was the 36th president of the United States, serving from 1963 to 1969. He became president after assassination of John F. Kennedy, the assassination of John F. Ken ...
for vice president. In the platform, it endorsed the Economic Bill of Rights. Civil rights leader
Martin Luther King Jr. Martin Luther King Jr. (born Michael King Jr.; January 15, 1929 – April 4, 1968) was an American Baptist minister, civil and political rights, civil rights activist and political philosopher who was a leader of the civil rights move ...
, a champion of economic justice long before the historic 1963 March on Washington, lobbied for the economic rights bill in a 1968 Look magazine essay, published after his assassination. Key civil rights movement activists A. Philip Randolph and Bayard Rustin in 1966 drafted ''A “Freedom Budget” for All Americans''. In 2004, legal scholar
Cass Sunstein Cass Robert Sunstein (born September 21, 1954) is an American legal scholar known for his work in U.S. constitutional law, administrative law, environmental law, and behavioral economics. He is also ''The New York Times'' best-selling author of ...
called for a revival of FDR's unfulfilled vision in his book, ''The Second Bill of Rights: FDR's Unfinished Revolution and Why We Need It More than Ever''. In fall 2009, Michael Moore's ''Capitalism: A Love Story'' introduced the Second Bill of Rights to moviegoers and generated national, and even international, press. In his 2020 presidential primary campaign, progressive Vermont Sen.
Bernie Sanders Bernard Sanders (born September8, 1941) is an American politician and activist who is the Seniority in the United States Senate, senior United States Senate, United States senator from the state of Vermont. He is the longest-serving independ ...
promoted a 21st Century Bill of Rights. In 2022, Prof. Harvey J. Kaye and Alan Minsky of Progressive Democrats of America (PDA) launched a campaign for a modern, expanded 21st Century Economic Bill of Rights. At its 2022 convention, the
Massachusetts Democratic Party The Massachusetts Democratic Party (MassDems) is the affiliate of the Democratic Party (United States), Democratic Party in Massachusetts. It is chaired by Steve Kerrigan and is the dominant party in the state, controlling all nine of the state's ...
endorsed the PDA proposal. In her 2024 presidential primary campaign, Democratic Party candidate
Marianne Williamson Marianne Deborah Williamson (born July 8, 1952) is an American author, speaker, and political activist. She began her professional career as a spiritual leader of the Church of Today, a Unity Church in Warren, Michigan. Williamson has written s ...
featured the 21st Century Economic Bill of Rights in her platform, interviews and speeches.


See also

*
Bill of Rights A bill of rights, sometimes called a declaration of rights or a charter of rights, is a list of the most important rights to the citizens of a country. The purpose is to protect those rights against infringement from public officials and pri ...
* Bill of Rights socialism * '' Douglas v. California'', 372 U.S. 353 (1963) *
Economic democracy Economic democracy (sometimes called a democratic economy) is a socioeconomic philosophy that proposes to shift ownership and decision-making power from corporate shareholders and corporate managers (such as a board of directors) to a larger ...
* Four Freedoms, enunciated in Roosevelt's 1941 State of the Union Address *
Full employment Full employment is an economic situation in which there is no cyclical or deficient-demand unemployment. Full employment does not entail the disappearance of all unemployment, as other kinds of unemployment, namely structural and frictional, may ...
* ''
Goldberg v. Kelly ''Goldberg v. Kelly'', 397 U.S. 254 (1970), is a case in which the Supreme Court of the United States ruled that the Due Process Clause of the Fourteenth Amendment to the United States Constitution requires an evidentiary hearing before a recipie ...
'', 397 U.S. 254 (1970) * Progressive Utilization Theory *
Public education A state school, public school, or government school is a primary school, primary or secondary school that educates all students without charge. They are funded in whole or in part by taxation and operated by the government of the state. State-f ...
* Public Service law of the United States *
Social Security Welfare spending is a type of government support intended to ensure that members of a society can meet basic human needs such as food and shelter. Social security may either be synonymous with welfare, or refer specifically to social insurance ...
*
Universal health care Universal health care (also called universal health coverage, universal coverage, or universal care) is a health care system in which all residents of a particular country or region are assured access to health care. It is generally organized a ...
* '' Vernon v Bethell''


Footnotes


Citations


References

* Adolph A. Berle, 'Property, Production and Revolution' (1965
65 Columbia Law Review 1
* Cass R. Sunstein, ''The Second Bill of Rights: FDR's Unfinished Revolution--And Why We Need It More Than Ever'' (2004)


External links


FDR's Unfinished "Second Bill of Rights" – and Why We Need it Now
{{DEFAULTSORT:Second Bill Of Rights 1944 in American politics 1944 in the United States 1944 speeches Presidency of Franklin D. Roosevelt Speeches by Franklin D. Roosevelt Human rights in the United States 78th United States Congress Articles containing video clips 1940s State of the Union addresses