Era 14 Contemporary United States: Domestic Policies (1970–Today)

www.njcss.org

Engaging High School Students in Global Civic Education Lessons in U.S. History

The relationship between the individual and the state is present in every country, society, and civilization. Relevant questions about individual liberty, civic engagement, government authority, equality and justice, and protection are important for every demographic group in the population.  In your teaching of World History, consider the examples and questions provided below that should be familiar to students in the history of the United States with application to the experiences of others around the world.

These civic activities are designed to present civics in a global context as civic education happens in every country.  The design is flexible regarding using one of the activities, allowing students to explore multiple activities in groups, and as a lesson for a substitute teacher. The lessons are free, although a donation to the New Jersey Council for the Social Studies is greatly appreciated. www.njcss.org

During the last quarter of the 20th century and the first quarter of the 21st century, the United States and the world experienced rapid changes in the environment, technology, human rights, and world governments. During this period there were three economic crises, a global pandemic, migrations of populations, and a global pandemic. There were also opportunities in health care, biotechnology, and sustainable sources of energy. The debate over individual freedoms, human rights, guns, voting, affordability, and poverty were present in many countries, including the United States.

As the United States became more diverse and inclusive after the 1965 Immigration and Nationality Act, our population became divided on the assimilation of immigrants and restricting the number entering the United States.  The civil liberties in our constitution become challenged as people wanted “law and order.” One civil liberty that has weakened over time is the “Miranda Warning” from the U.S. Supreme Court decision in Miranda v. Arizona, (1966).

“Ernesto Miranda was convicted on charges of kidnapping and rape. He was identified in a police lineup and questioned by the police. He confessed and then signed a written statement without first having been told that he had the right to have a lawyer present to advise him (under the Sixth Amendment) or that he had a right to remain silent (under the Fifth Amendment). Miranda’s confession was later used against him at his trial and a conviction was obtained. When Miranda’s case came before the United States Supreme Court and the Court ruled that, “detained criminal suspects, prior to police questioning, must be informed of their constitutional right against self-incrimination and the right to an attorney.” The court explained, “a defendant’s statement to authorities are inadmissible in court unless the defendant has been informed of their right to have an attorney present during questioning and an understanding that anything, they say will be held against them.” The court reasoned that these procedural safeguards were required under the United States Constitution.”

Miranda rights typically do not apply to individuals stopped for traffic violations until the individual is taken into custody. There are four rights that are usually read to someone about to be interrogated or detained against their will.

  • The Right to Remain Silent: You are not obligated to answer any questions from law enforcement.
  • Anything You Say Can Be Used Against You: Statements you make during questioning can be presented as evidence in court.
  • The Right to an Attorney: You have the right to consult with a lawyer before answering questions and to have one present during interrogation.
  • If You Can’t Afford a Lawyer, One Will Be Provided: This guarantees access to legal counsel, regardless of your financial situation.

This basic civil liberty has weakened over time giving more power to the police (government).  This power has resulted in forced confessions, false statements by the police, accusations of resisting arrest by not providing the police with basic information, and delaying the reading of the Miranda Warning.  In Vega v. Tekoh (2022), the U.S. Supreme Court held, Miranda warnings are not rights but rather judicially crafted rules, significantly weakening this civil liberty as a constitutional protection. 

Unlike in the United states, in Japan, individuals are presumed guilty. There is no right to remain silent or the offer of a lawyer. Many people, including juveniles, may be detained for months as the authorities try to obtain a signed confession. Most people are unaware of these practices because of Japan’s reputation as a democracy and their international human rights record.

“Tomo A., arrested in August 2017 for allegedly killing his six-week-old child by shaking. He spent nine months in detention awaiting trial, and during that time, prosecutors told him that either he or his wife must have killed their baby and his wife would be prosecuted if he did not confess. He was acquitted in November 2018.”

Bail is not an option during the pre-indictment period and it is frequently denied after a person is indicted of a crime. Bail, when granted, is limited to a maximum of 10 days with an appeal for an additional extension of up to 23 days. Individuals who are released, are watched closely and new arrests are fairly common.

“Yusuke Doi, a musician, was held for 10 months without bail after being arrested on suspicion of stealing 10,000 yen (US$90) from a convenience store. His application for bail was denied nine times. Even though he was ultimately acquitted, a contract that Doi had signed with a record company prior to his arrest to produce an album was cancelled, resulting in financial loss and setting back his career.”

Police often use intimidation, threats, verbal abuse, and sleep deprivation to get someone to confess or provide information. The Japanese Constitution states that “no person shall be compelled to testify against himself” and a “confession made under compulsion, torture or threat, or after prolonged arrest or detention shall not be admitted in evidence.”

The accused are not allowed to meet, call, or even exchange letters with anyone else, including family members. Many individuals interviewed by Human Rights Watch cited this ban on communications as a cause of significant anxiety while in detention.

In 2015, Kayo N. was arrested for conspiracy to commit fraud. Kayo N. said that she worked as a secretary at a company from February 2008 to October 2011. In December 2008, the company president asked her to become the interim president of another company owned by her boss while a replacement was sought. She said that she was unaware that the company only existed on paper and that her boss had previously been blacklisted from obtaining loans. After her arrest and detention, the judge issued a contact prohibition order on the grounds that she might conspire to destroy evidence. Kayo N. was not allowed to see anyone but her lawyer for one year, could not receive letters, and could only write to her two adult sons with the permission of the presiding judge.

She said: “After I was moved to the Tokyo detention center, I was kept in the “bird cage” [solitary confinement] from April 2016 to July 2017. It was so cold that it felt like sleeping in a field, I had frostbite. I spoke only twice during the day to call out my number. It felt like I was losing my voice. The contact prohibition order was removed one year after my arrest. However, I remained in solitary confinement.

Kayo N. said she did not know why she had been put in solitary confinement. She says that police also interrogated her sons to compel her to confess. The long trial process also exacerbated financial hardships. She was sentenced to three years’ imprisonment.”

Japan has a 99.8 percent conviction rate in cases that go to trial, according to 2021 Supreme Court statistics.

Questions:

  1. Should the rights of an individual receive greater or lesser weight than the police powers of the state when someone is accused of a criminal offense?
  2. How can the Miranda rights be protected and preserved in the United States or should they be interpreted and implemented at the local or state level?
  3. How is Japan able to continue with its preference for police powers when international human rights organizations have called for reform?
  4. In the context of detainment by federal immigration officers in the United States in 2026, do U.S. citizens (and undocumented immigrants) have any protected rights or an appeal process when detained without cause?

How to Interact with Police (Video, 20 minutes)

The Erosion of Miranda (American Bar Association)

Vega v. Tekoh(2022)

Japan’s “Hostage Justice” System (Human Rights Watch)

Caught Between Hope and Despair: An Analysis of the Japanese Criminal Justice System (University of Denver)

Activity #2: Gun laws in United States and New Zealand

Since 1966, 1,728 people have been killed and 2,697 injured in mass public shootings in the United States. The definition of a mass shooting is three or more individuals being killed. (Investigative Assistance for Violent Crimes Act, 2012) The U.S. Federal Bureau of Investigation does not define a mass shooting with a specific number of deaths. Technology, especially the production of ‘ghost guns’ with   3-D printers has contributed to gun violence.  Handguns are used in 73% of mass shootings and rifles, shotguns, assault weapons, and multiple weapons are also used.

Before 2008, the District of Columbia prohibited the possession of usable handguns in the home. This was challenged by Dick Heller, a special police officer in the District of Columbia who was licensed to carry a firearm while on duty. He applied to the chief of police for permission to have a firearm in his home for one year. The chief of police had the authority to grant a temporary license but denied the license to Dick Heller, who appealed the decision in a federal court.

The Second Amendment states that “A well-regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” Several state constitutions give citizens the right to bear arms in defense of themselves and outside an organized state militia. Individuals used weapons against Native Americans and enslaved individuals.

The United States has the highest number of registered guns per person in the world. Estimates range from 300 million (one per person) to over 400 million. Even with effective legislation on restricting guns, these weapons would still be availabile. Approximately 10 million firearms are produced annually.

A discussion in your classroom might focus on the debate within the state legislatures during the ratification of the Constitution regarding the use or arms for a state militia and the right of individuals to carry weapons for hunting.  The Bruen decision (2022) requires that gun laws today need to be consistent with the historical understanding from when the states ratified the Bill of Rights.

1. Is this requirement possible and relevant? In 1789 people hunted for their food and today people go shopping in supermarkets.   In 1789, the federal government relied on states to support an army and today we have a highly trained military.  

2. Has the technology on producing guns change the right to keep and bear arms? Assault weapons and the production of ghost guns did not exist 200 years ago.

3. Should the need to restrict the right to keep and bear arms be consider as a result that the population of the United States is now over 300 million?  A significant portion of the population lives in urban areas with high-rise apartment complexes. Should the history of previous centuries alongside the mass shooting events of the 21st century,  be careful considered in the debate to restrict gun ownership?

March 15, 2019 marks one of the darkest days in New Zealand when 51 people were killed and 50 others wounded when a gunman fired at two mosques in the city of ChristChurch.  This was the worst peacetime mass shooting in New Zealand’s history. Within one month New Zealand’s Parliament voted 119-1 on a nationwide ban on semi-automatic weapons and assault rifles.  The gun reform law also set up a commission to establish limits on social media, accessibility to weapons, and education.  In addition to the sweeping reform of gun laws, a special commission is being set up to explore broader issues around accessibility of weapons and the role of social media.

Australia also introduced a ban on automatic and semi-automatic weapons and restrictive licensing laws after a mass shooting in 1996.  Some states in the United States have enacted strict laws restricting ghost guns (New Jersey, Oregon) and automatic weapons (New Jersey). However, the debate has been contentious in these states and the almost unanimous vote in New Zealand is not likely in the United States.

Questions:

  1. How significant would restrictive legislation in the United States be in curtailing mass shootings and/or murders?
  2. In addition to the influence of the gun lobby in the United States, what is the next most powerful influence against gun reforms in the United States?
  3. Is it possible for states to have their own restrictive gun laws with the Bruen decision by the U.S. Supreme Court?
  4. Why do you think restrictive gun laws were enacted in New Zealand and Australia? (absence of a constitutional protection, common national identity, religious beliefs, culture, leadership by the government, public outrage, etc.)
  5. As a class, do you think gun reform laws in the United States are possible in the next 5-10 years?

District of Columbia v. Heller(2008)

Why Heller is Such Bad History(Duke Center for Firearms Law)

15 Years After Heller: Bruen is Unleashing Chaos, But There is Hope for Regulations(Alliance for Justice)

Mass Shooting Factsheet (Rockefeller Institute of Government)

Gun Ownership in the U.S. by State (World Population Review)

Gun Control: New Zealand Shows the Way(International Bar Association)

Firearms Reforms (New Zealand Ministry of Justice)

Activity #3: Affordability in the USA and Italy.

According to the Congressional Research Service (CRS), poverty has decreased in the United States from 15% 2010 to 11.1% in 2023, and in 2025 it is estimated to be 9.2%.  Poverty is measured both as the number of people below a defined income threshold of $31,200 for a family of four in 2025 (absolute poverty or below the poverty line) and as a quality of life issue for people living in a community. (relative poverty)  Source

Figure 1. Official Poverty Rate and Number of Persons in Poverty: 1959 to 2023

(poverty rates in percentages, number of persons in millions; shaded bars indicate recessions)

Unfortunately, poverty rates vary by sex, gender, and race. The current ‘affordability’ crisis in the United States is an example of relative poverty with many complex factors contributing to it.

Figure 4. Official Poverty Rates by Race and Hispanic Origin: 2023

A general guideline for budgeting housing expenses (rent or mortgage) is 33% of a household income, although expenses for rent and mortgage will vary by zip code.  The U.S. Census Bureau reported a per capita income of $43,289 (in 2023 dollars) for 2019-2023, while the Federal Reserve Bank reported a personal income per capita of $73,207 for 2024.  Personal income is the total earnings an individual receives from wages, salaries, investments and government benefits before income taxes are deducted. For your discussion consider the following based on $73,207 for one person. A family of four income with two working adults would be $146,414.

Federal Taxes (22%) $16,104

NJ State Taxes (5%) $3,660.

Housing (33%) $24,156 ($2,000 a month)

Food (10%) $7,300 ($140 per week)

Auto Transportation (15%) $10,980

Discretionary Spending (15%) $10,980

Consider the discretionary expenses in your family for phones, cable and internet, car lease or loan payments, vacation, gifts, savings, clothing, credit card debt, education, etc.

As incomes rise people spend more money on food, but it represents a smaller share of their income. In 2023, households with the lowest incomes spent an average of $5,278 on food representing 32.6% of after-tax income. Middle income households spent an average of $8,989 representing 13.5% of after-tax income) and the highest income households spent an average of $16,996 on food representing 8.1 percent of after-tax income.

The starting salary for many individuals with a four-year college education is about $70,000. Living in New Jersey is more expensive than living in many other states but for the purpose of discussion, we will use New Jersey as our reference.

The poverty rate in Italy is 9.8%, similar to the rate in the United States. However, the poverty rate for individuals below the poverty line (income level) is 5%.  Approximately half of the people in poverty are living in southern Italy.  Two contributing factors are the continuing effects from the government shutdown during the Covid-19 pandemic in 2020 and an aging population. These factors are related to Italy’s high unemployment rate of 6.8% (2024), which is higher than the 4.4% in the United States, weak GDP growth of less than 1%.  With a per capita income of $39,000 USD, Italy also has an affordability crisis.  The per capita income in Italy is about one-half of the per capita income in the United States.

In 2017, Italy approved a program of “Inclusion Income: which has been reformed twice since its adoption. Under the current (2024) “Income Allowance” about 50% of the population receives supplemental income. This program supports economic upward mobility through education and health care. Italy has partnered with the World Bank to support this program.  Another benefit of the program is that poverty is not increasing and will be significantly reduced over time.

Questions:

  1. Is the solution for affordability a higher minimum wage, lower taxes, price controls on food and housing, a guaranteed minimum income, or something else?
  2. Is it possible to lower the poverty rate through education and effective budgeting skills?
  3. Where do most Americans overspend their money and how can this best be corrected?
  4. Are transfer payments by the government (child care, Medicaid, Social Security, Unemployment Insurance, SNAP), wasteful or helpful?
  5. As a policy maker in the federal or state government, what is the first action you would take to address the affordability problem in the United States or in your state?
  6. How is Italy addressing the causes of poverty in addition to providing a guaranteed income to support people and families with basic needs?
  7. How is Italy financing its program and is it cost effective?
  8. Are tax cuts or tax credits an effective policy to assist people facing affordability issues?

7 Key Trends in Poverty in the United States (Peter G. Peterson Foundation)

United States Country Profile (World Bank)

Poverty in the United States: 2024(U.S. Census)

2025: Kids Count Data Book (Annie E. Casey Foundation)

Italy’s Poverty Reduction Reforms(World Bank)

Evolving Poverty in Italy: Individual Changes and Social Support Networks(Molecular Diversity Preservation International, MDPI)

ISTAT Report: Poverty and Inequalities in Italy(EGALITE)

Italy’s Fight Against Global Poverty (The Borgen Project)

Voter participation is based on many factors and the structure for electing representatives to Congress is complex and is related to the selection of electors in each state who vote for the president and vice-president every four years.  In the first 25 years of the 21st century, voting has changed significantly in the United States regarding the way citizens vote and in the definition of a legally registered voter. In this activity, you will discuss and analyze the issues of gerrymandering, voter participation, and voter eligibility in the United States and compare our process with voter participation in Greece.

Every 10 years, states redraw the boundaries of congressional districts to reflect population changes reported in the census. The purpose is to create districts/maps that elect legislative bodies that fairly represent communities. In 1929, the number of representatives for the population was set at 435. In the 1920s the debate about fairness was between urban and rural populations and today it is between racial and ethnic populations and political parties. This practice is ‘partisan gerrymandering’. In 2019, the Supreme Court ruled in Rucho v. Common Cause, that gerrymandered maps cannot be challenged in federal court.

Partisan gerrymandering is undemocratic when one party controls the process at the state level.  Cracking is a strategy that places some voters in districts that are a a distance from their immediate geographic area, making it very difficult for them to elect a candidate from their political party preference or racial or ethnic group. The majority of voters in New Jersey favored the Democratic Party making it difficult to establish districts that are fair to residents who favor the Republican Party. The issue of fairness may conflict with what is considered legal, fair, and constitutional. This complexity should engage students in a lively debate regarding its relationship to voter participation.

After the 2020 census, Republicans controlled the redistricting process in more states than Democrats.

In Illinois, the Democratic majority designed the congressional map limiting Republicans to just 3 of 17 seats. The use of algorithms and artificial intelligence are assisting the drawing of partisan districts.  South Carolina offers an example of racial bias in a reconfigured district in Charleston that removed many Black voters. However, when challenged under the Voting Rights Act of 1965, the new design was defended based on politics rather than race or ethnicity.

Section 2 of the Voting Rights Act has been challenged in the federal courts and amended in 1982. The decision in Village of Arlington Heights v. Metropolitan Hous Development Corporation (1977) is the current standard regarding a requirement that discrimination would actually harm minority voting strength. This standard is more difficult to prove than an expectation that it might be discriminatory. In 2013, a requirement of photo identification in North Carolina was challenged in Shelby County v. Holder but there was insufficient evidence to meet the standard of discrimination.

Voting is basically controlled by the states, although they must be in compliance with federal laws regarding elections for Congress and the President. Every state, except North Dakota, requires citizens to register to vote. Voter registration can help prevent ineligible voters from voting. The registration process generally includes identification to validate age, residency, citizenship, and a valid signature or state ID. Registration also prevents people from voting multiple times and someone stealing their ballot and submitting it.

There are different ways to measure voter participation regarding trends over time, in years when voters elected a governor or president, by age, race, or ethnicity, when a popular issue was on the ballot, etc.  In New Jersey, voter participation is generally less than 50% of the population.

In presidential elections, the voter turnout is between 60% and 70% on average. New Jersey has more than 70% of the population voting. Efforts to increase voter participation include early voting, mail-in ballots, and extended hours at polls.

Greece

Voter Participation:

Voter participation rates in the European Union are less than 50%. The democracies in most European Union countries have multiple political parties, unlike the United States which has two major parties. One of the reasons for the lower voter turnout is pessimism regarding both the candidates and issues. The voter participation rate in Greece is above the average of EU countries, and we will use this as our case study.

In 2025, Greece’s political scene is dominated by the center-right party, New Democracy. The largest opposition party is the SYRIZA, a left wing of progressive party. Some of the current problems or issues facing the people in Greece are high prices, health care, and public safety. The Russia-Ukraine War and the authoritarian government in Turkey are also concerns.

The survey revealed a significant and concerning trend, with recent elections showing record-high abstention rates—46.3% in the June 2023 national elections and 58.8% in the June 2024 European elections. A recent scandal in Greece also impacted the election involving a spyware tool, Predator, which has been associated with associates of the current Prime Minister, Kyriakos Mitsotakis. The illustration below is a guide to the numerous ideologies of the political parties in Greece. There are also restrictions on the freedom of the press, which fosters a credibility gap between the people and their government.

Questions:

  1. Why do you think the U.S. Supreme Court ruled that racial gerrymandering is illegal but partisan gerrymandering is permitted?
  2. In Rucho, the U.S. Supreme Court acknowledged that partisan gerrymandering may be “incompatible with democratic principles.” Do you agree or disagree? Explain your answer.
  3. Even though gerrymandering may benefit one political party over another, it is the people who elect the state representatives who draw the maps for the congressional districts. Is this practice fair or unfair?
  4. What is the best way to significantly increase voter participation in the United States, Greece, and other countries?
  5. Are the requirements for voter registration and proof of identification significant restrictions on voters?
  6. To what extent is voting in New Jersey fair for all eligible voters?

Election Guide: United States(International Foundation for Electoral Systems)

Election Guide: Greece(International Foundation for Electoral Systems)

United States(Freedom House)

The Permanent Apportionment Act of 1929(U.S. House of Representatives)

Freedom to Vote Act(Brennan Center for Justice)

Greece(Freedom House)

Why Greeks are staying Away from the Polls: Key Insights into the 2023-2024 Survey(Kapa Research)

Camden’s Public Schools and the Making of an Urban “Lost Cause”

In modern-day America, there is perhaps no city quite as infamous as Camden, New Jersey. A relatively-small urban community situated along the banks of the Delaware River, directly across from the sprawling, densely-populated urban metropolis of Philadelphia, in any other world, Camden would likely be a niche community, familiar only to those in the immediate surrounding area. However, the story of Camden is perhaps one of the greatest instances of institutional collapse and urban failure in modern America, akin to the catastrophes that befell communities such as Detroit, Michigan and Newark, New Jersey throughout the mid-twentieth century.

Once an industrial juggernaut, housing powerful manufacturing corporations such as RCA Victory and the New York Shipbuilding Corporation, Camden was perhaps one of the urban communities most integral to the American war effort and eventual victory in the Pacific Theatre in World War II. However, in the immediate aftermath of the war, Camden experienced significant decline, its once-prosperous urban hub giving way to a landscape of disinvestment, depopulation, and despair. By the late twentieth century  – specifically the 1980s and 1990s – Camden had devolved into a community wracked by poverty, crime, and drug abuse, bearing the notorious label “Murder City, U.S.A.” – a moniker which characterized decades of systemic inequity and institutional discrimination as a fatalistic narrative, presenting Camden as a city beyond saving, destined for failure. However, Camden’s decline was neither natural nor inevitable but rather, was carefully engineered through public policy. Through a calculated and carefully-measured process of institutional segregation and racial exclusion, state and city lawmakers took advantage of Camden’s failing economy and evaporating job market to confine communities of color to deteriorating neighborhoods, effectively denying them access to the educational and economic opportunities that had been afforded to white suburbanites in the surrounding area.

This paper focuses chiefly on Camden’s educational decline and inequities, situating the former within a broader historical examination of postwar urban America. Utilizing the historiographical frameworks of Arnold Hirsch, Richard Rothstein, Thomas Sugrue, and Howard Gillette, this research seeks to interrogate and illustrate how segregation and suburbanization functioned as reinforcements of racial inequity, and how such disenfranchisement created the perfect storm of educational failure in Camden’s public school network. The work of these scholars demonstrates that Camden’s neighborhoods, communities, and schools were intentionally structured to contain, isolate, and devalue communities and children of color, and that these trends were not unintended byproducts of natural spatial migration nor economic development. Within this context, it is clear that public education in the city of Camden did not simply mirror urban segregation, but rather institutionalized it as schools became both a reflection and reproduction of the city’s racial geography, working to entrench the divisions drawn by policymakers and real estate developers into a pervasive force present in all facets of life and human existence in Camden.

In examining the influence of Camden’s segregation on public education, this study argues that the decline of the city’s school system was not merely a byproduct, but an engine of institutional urban collapse. The racialized inequitable geography of public schooling in Camden began first as a willful and intentional byproduct of institutional disenfranchisement and administrative neglect, but quickly transformed into a self-fulfilling prophecy of failure, as crumbling school buildings and curricular inequalities became manifestations of policy-driven failure, and narratives of students of color as “inferior” were internalized by children throughout the city. Media portrayals of the city’s school system and its youth, meanwhile, transformed these failures into moral statements and narratives, depicting Camden’s children and their learning communities as symbols of inevitable dysfunction rather than victims of institutional exclusion. Thus, Camden’s transformation into the so-called “Murder Capital of America” was inseparable from the exclusionary condition of the city’s public schools, as they not only bore witness to segregation, but also became its most visible proof and worked to inform fatalistic narratives of the city and moral character of its residents.

            Historians of postwar America have long since established an understanding of racial and socioeconomic as essential to the development of the modern American urban and suburban landscape, manufactured and carefully reinforced throughout the twentieth century by the nation’s political and socioeconomic elite. Foundational studies include Arnold Hirsch’s “Making the Second Ghetto: Race and Housing in Chicago” (1983) and Richard Rothstein’s 1977 text, The Color of Law: A Forgotten History of How Our Government Segregated America serve to reinforce such traditional understandings of postwar urban redevelopment and suburban growth, situating the latter as the direct result of institutional policy, rather than mere byproducts and results of happenstance migration patterns.[1] In The Color of Law, Rothstein explores the role of federal and state political institutions in the codification of segregation through intergenerational policies of redlining, mortgage restrictions, and exclusionary patterns in the extension of mortgage insurance to homeowners along racial lines. In particular, Rothstein focuses on the Federal Housing Administration’s creation of redlining maps, which designated majority Black and Hispanic neighborhoods as high-risk “red zones,” effectively denying residents from these communities home loans, thus intentionally erecting barriers to intergenerational wealth accumulation through homeownership in suburban communities such as Levittown, Pennsylvania.[2]

            Hirsch’s “The Making of the Second Ghetto” echoes this narrative of urban segregation as manufactured, primarily through the framework of his “second ghetto” thesis. Conducting a careful case study of Chicago through this framework, Hirsch argues that local municipalities, urban developers/planners, and the business elite of Chicago worked in tandem to enact policies of “domestic containment,” wherein public housing projects were weaponized against Black and Hispanic communities to reinforce racial segregation throughout the city. Utilizing public housing as an anchor rather than tool of mobility, Chicago’s socioeconomic and political elite effectively conspired at the institutional level with one another to confine Black Chicagoans to closely-regulated low-income communities, devaluing land and property values in these areas whilst zoning more desirable land for redevelopment and suburban growth, thereby manually raising housing and movement costs to a level that Black Americans were simply unable to afford due to the aforementioned devaluation of their own communities as well as generational barriers to wealth accumulation.[3] Chris Rasmussen’s “Creating Segregation in an Era of Integration” applies such narratives to a close investigation of New Brunswick, New Jersey, particularly in regards to educational segregation, investigating how city authorities utilized similar institutional frameworks of racial separation to confine students to segregated schools and resist integration (school zoning, prioritization of white communities and schools for development, and segregationist housing placements), working off of the existing community segregation detailed by the work of Rothstein and Hirsch. [4]

            Working in tandem with historical perspectives of segregation as integral to the development of suburban America and subsequent urban decline, historians have also identified disinvestment as a critical economic process integral to the exacerbation of urban inequality, and eventual decay. Beginning in the postwar era, specifically in the aftermath of World War II and suburban development, industrial urban communities faced significant shortages in employment in the manufacturing sectors, as corporations began to outsource their labor to overseas and suburban communities, often following the migration of white suburbanites. Robert Beauregard’s Voices of Decline: The Post-War Fate of U.S. Cities diverges from the perspectives of Hirsch and Rothstein, citing declining employment opportunities and urban disinvestment as the most important factor in the decline of urban America on a national scale. Beauregard argues that by framing the disinvestment of urban wartime industrial juggernauts such as Newark, Camden, and Detroit as an “inevitability” in the face of rapid deurbanization and the growth of suburban America, policymakers at the national and local levels portrayed urban decline as a natural process, as opposed to a deliberate conspiracy to strip employment opportunities and the accumulation of capital from urban communities of color, even before suburbanization began to occur on a large scale.[5] Thomas Sugrue’s Origins of the Urban Crisis: Race and Inequality in Postwar Detroit also adheres to this perspective, situating economic devastation in the context of the development of racially-exclusive suburban communities, thereby working to tie existing scholarship and the multiple perspectives expressed here together, crafting a comprehensive narrative of urban decline in mid-twentieth century America as recurrent in nature, a cycle of unemployment, abject poverty, and a lack of opportunity that was reinforced by public policy and social programs that in theory, were supposed to alleviate such burdens.[6]

            Ultimately, while these sources focus on differing aspects of urban decline, they all work in tandem with one another to allow for a greater, comprehensive portrait of the causes of urban decay in postwar America, throughout the twentieth century. From deindustrialization to segregation and its influence on disparities in education, these sources provide absolutely essential context for an in-depth examination of the specific case study of Camden, New Jersey both in regards to the city itself, but also its public education system. While these sources may not all cite the specific example of Camden, the themes and trends identified each ring true and featured prominently in the story of Camden throughout this period.

            However, this paper will function as a significant divergence from such pre-existing literature, positioning the failure of public education in Camden as a key factor in the city’s decline, rather than a mere byproduct. A common trend present in much of the scholarship discussed above is that educational failure is examined not as a contributing root to Camden’s decline (and certainly not an important one, when education is briefly discussed in this context), but rather as a visible, tangible marker of urban decay in the area. While this paper does not deny the fact that failures in education are certainly rooted in fundamental inequity in urban spaces and broader social failings, it instead seeks to position Camden’s failing education state as not only a result of  urban decline, but as a contributor – specifically by engaging in a discussion of how educational failure transformed narratives around Camden as a failed urban community, beyond help and destined for ruin. In doing so, this paper advances a distinct argument: that Camden’s educational collapse must be understood not merely as evidence of urban decline, but as a foundational force that actively shaped—and in many ways intensified—the narrative of Camden as a city fated for failure.

Prior to launching into an exploration of Camden’s public schooling collapse and the influence of such failures of institutional education on the city’s reputation and image, it is important to first establish a clear understanding of the context of such shortcomings.  Due to this paper’s focus specifically on the institutional failure of Camden’s public schooling system, and how such failures shaped perceptions around the city as an urban lost cause, this section will focus primarily on rising rates of racial segregation in the mid-twentieth century, both within city limits and beyond, specifically in regards to Camden County’s sprawling network of suburban communities. While the factors of deindustrialization, economic failure, and governmental neglect absolutely do factor into the creation of an urban environment situated against educational success, racial segregation was chiefly responsible for the extreme disparities found in educational outcomes through the greater Camden region, and is most relevant to this paper’s discussion of racialized narratives of inevitable urban failure that proved to be so pervasive on a national scale regarding Camden, both within the mid-to-late twentieth century and into the present day.

Such trends date back to massive demographic transitions of the pre–World War II era was the Great Migration – the mass movement of Black Americans to northern industrial cities. Drawn by the promise of stable employment and the prospect of greater freedom and equality than was available in the Jim Crow South, millions of migrants relocated to urban centers along the Northeastern seaboard. Camden, New Jersey, was among these destinations, attracting a growing Black population throughout the early twentieth century due to its concentration of manufacturing giants such as RCA Victor, the New York Shipbuilding Corporation, and Campbell’s Soup.[7] With the outbreak of war in Europe in 1939—and especially following the United States’ entry into World War II after Pearl Harbor—industrial production in Camden surged. The city soon emerged as a vital hub of wartime manufacturing and domestic production, cementing its status as a key center of American industrial might.

As a direct result of its industrial growth and expanding wartime economy, Camden continued to attract both Black Americans and new immigrant populations, many of whom were of Latino descent. Among these groups were large numbers of Stateside Puerto Ricans, continuing a trend of immigration dating back to the 1917 extension of U.S. citizenship to Puerto Ricans.[8] Motivated by many of the same factors as Black migrants—chiefly the pursuit of steady employment and improved living conditions—these communities helped shape Camden into a diverse and vibrant urban center. The city’s population of color expanded rapidly during this period, its growth driven by wartime prosperity and the allure of industrial opportunity.

Following American victory in the Pacific and the end of World War II, Camden continued to experience rapid economic growth, although tensions arose between the city’s residents during this period along racial-ethnic lines. With the common American enemy of Japan and the Nazis firmly removed from the picture, hostilities began to turn inwards, and racial tensions skyrocketed, especially in the dawn of the Civil Rights Movement. As historian Chriss Rasmussen writes in “Creating Segregation in the Era of Integration: School Consolidation and Local Control in New Brunswick, New Jersey, 1965-1976”, “While Brown and the ensuing civil rights movement pointed toward racial integration, suburbanization forestalled racial equality by creating and reinforcing de facto segregation. As many whites moved to the suburbs, blacks and Latinos remained concentrated in New Jersey’s cities.”[9] Thus, as Black Americans increasingly emerged victorious in the fight against racial injustice and began to accumulate more and more rights and legal protections, city-dwelling white Americans grew increasingly fearful and resentful, spurring a mass exodus from urban population centers – including Camden. Drawn by federally backed mortgages, the expansion of highways, and racially exclusive housing policies,[10] white residents moved to neighboring suburbs such as Cherry Hill, Haddonfield, and Pennsauken, while structural barriers effectively excluded Black and Latino residents from the same opportunities. Leaving for the suburbs in droves, white residents fled from Camden, taking significant wealth and capital, as well as major business with them, thus weakening the city’s financial base and leaving workers—particularly people of color—vulnerable to unemployment.[11]

Public and private institutions increasingly withdrew resources from neighborhoods perceived as declining or racially changing and banks engaged in redlining, denying mortgages and loans to residents in nonwhite neighborhoods, while city budgets prioritized the needs of more affluent suburban constituencies over struggling urban areas.[12] Businesses and developers often chose to invest in suburban communities where white families were relocating, rather than in Camden itself, creating a feedback loop of declining property values, eroding tax revenue, and worsening public services. As historian Robert Beauregard writes in Voices of Decline: The Postwar Fate of U.S. Cities, “…while white middle-class and young working-class households had resettled in suburban areas, elderly and minority and other low-income households remained in the central cities. This increased the demand for basic public services (e.g. education) while leaving city governments with taxpayers having lower earnings and less property to tax.”[13] Thus, Camden residents left behind within the confines of the city became increasingly dependent on social welfare programs, which local and state governments began to fund less and less. This combination of economic retrenchment, racialized perceptions of neighborhood “desirability,” and policy-driven neglect fueled a cycle of disinvestment that disproportionately affected communities of color, leaving the city structurally disadvantaged.[14]

Concerns about racial integration in neighborhoods and schools also motivated many families to leave, as they sought communities aligned with their social and economic preferences. Such demographic change was rapid, and by 1950 approximately 23.8 percent of Camden City’s population was nonwhite.[15] While that figure may not seem extreme to the modern American, an individual likely familiar with diverse communities and perspectives, it is particularly shocking when placed in the context of Camden’s surrounding suburbs: by 1950, the nonwhite population of Pennsauken was a mere 4.5 percent,  2.1 percent in Haddonfield, and an even lower 1.9 percent in Cherry Hill.[16] These figures in particular serve as an exemplary demonstration as to the cyclical nature of segregation in the educational sector within the state of New Jersey, contextualizing twentieth century segregation not as a unique occurrence, but rather a continuation of historical patterns. In the nineteenth century, the majority of the state’s schools were segregated along racial lines, and in 1863, New Jersey’s state government directly sanctioned the segregation of public school districts statewide. While such decisions would ultimately be reversed in 1881, active opposition to integration remained into the twentieth century, particularly within elementary and middle school education. For example, a 1954 study found that New Jersey schools, both historically and actively, “…had more in common with states below than above…” the Mason-Dixon line. Most notably however, by 1940, the state had more segregated schools than at any period prior to the passing of explicit anti-segregation legislation in 1881.[17] Thus, it is evident that the state of Camden’s schools in the mid-twentieth century is not an isolated incident, but rather indicative of the cyclical nature of racial separation and disenfranchisement throughout the state of New Jersey in an educational context.

These demographic and economic shifts had profound implications for Camden’s schools, which now served largely Black and Latino student populations. In particular, Blaustein’s work proves particularly valuable in demonstrating the catastrophic impacts of white flight on Camden’s schools, as well as the irreversible harm inflicted on students of color as a result of institutional failures in education. Writing in a 1963 report to then-President John F. Kennedy’s – a cautious supporter of the Civil Rights Movement – Civil Rights Commission, notable civil rights lawyer Albert P. Blaustein establishes a clear portrait of the declining state of Camden’s public schooling system, as well as the everyday issues facing students and educators alike in the classroom. In delivering a scathing report on neighborhood segregation within the city in Camden, as demonstrated by demographic data regarding the race/ethnicity of students enrolled in public education across the Camden metropolitan area, Blaustein writes:

Northeast of Cooper River is the area known as East Camden, an area with a very small Negro population. For the river has served as a barrier against intracity population…Two of the four junior high schools are located here: Davis, which is 4.0 percent Negro and Veterans Memorial which is 0.2 percent Negro. Also located in East Camden are six elementary schools, four of which are all-white and the other two of which have Negro percentages of 1.3 percent and 19.7 percent…Central Camden, on the other hand, is largely Negro. Thus, the high percentage of Negroes in Powell (100.0 percent), Sumner (99.8 percent), Fetters (91.6 percent), Liberty (91.2 percent), and Whittier (99.1 percent), etc.[18]

Based on the data provided here by Blaustein, it is simply impossible to argue that racial segregation did not occur in Camden. Additionally, it becomes quite clear that while much discussion regarding Camden public schools and wide demographic changes in the city as a whole focuses on the movement of white residents to suburban areas, racial segregation and stratification absolutely did occur within the city, thus worsening educational opportunities and learning outcomes for Camden’s students of color even more.

            However, Blaustein does not end his discussion with segregation amongst student bodies, but rather extends his research even further to a close examination of racial/ethnic compositions of school leadership, including teachers, administrators, and school board members, yielding similar results. For example, according to his work, the Fetters School, possessing a student body of 91.6 percent Black students employed nine white teachers and nine Black teachers in 1960, but two white teachers and sixteen Black teachers in 1963. Even more shockingly, Central School, composed of 72.9 percent Black students, employed only white teachers in 1955. By 1963, just nine years later, this number had completely reversed and the school employed all Black educators.[19] Thus, Blaustein’s investigation of variances in Camden public schools’ racial composition reveal that this issue was not simply limited to education nor exclusionary zoning practices, but was rather an insidious demographic trend which had infested all areas of life in Camden, both within education and outside of classrooms. In ensuring that Black students were only taught by Black teachers and white students by white teachers, education in Camden was incredibly nondiverse, eliminating opportunities for cross-racial understanding nor exposure to alternative perspectives, thereby working to keep Black and white communities completely separate not just in the facets of residence and education, but also in interaction and socialization.

            With the existence of racial segregation both within Camden as well as the city’s surrounding area clearly established, we can now move to an exploration of inequalities in public education within the city. Perhaps one of the most visible and apparent markers of inequalities in public education in Camden can be found in school facilities and buildings. The physical conditions in which children of color were schooled were grossly and completely outdated, especially in comparison to the facilities provided to white children, both inside and outside of the city of Camden. For example, as of 1963, there were six specific public schools that had been cited as in dire need of replacement and/or renovation by Camden’s local legislative board, the vast majority of which were located in segregated communities: Liberty School (1856, 91.2% Black student population), Cooper School (1874, 30.7% Black student population), Fetters School (1875, 91.6% Black student population), Central School (1877, 72.9% Black student population), Read School (1887, 32.0% Black student population), and finally, Bergen School (1891, 45.6% Black student population).[20] Of the schools cited above, approximately half of the buildings that had been deemed by the city of Camden as unfit for usage and nonconducive to education were occupied by majority-Black student populations (Liberty, Fetters, and Central), whereas Bergen School was split just short of evenly between Black and white low-income students.

Additionally, it is important to acknowledge that these figures only account for the absolute worst of Camden’s schools, such trends in inadequate school buildings and facilities occurred throughout the city, in accordance with the general quality of infrastructure and housing present in each neighborhood they were located. In other words, while the data above only references a very small sample size of Camden’s schools, the trends reflected here (specifically, in the intentional zoning of Black students to old, run-down schooling facilities) serve as a microcosm of Camden’s public schools, wherein students of color were intentionally confined to older schools and run-down facilities.

  Education researcher Jonathan Kozol expands on the condition of school facilities in Camden’s disenfranchised communities in his widely-influential book, Savage Inequalities. Written in 1991, Kozol’s work serves as a continuation of Blaustein’s discussion on the failing infrastructure of public education in Camden, providing an updated portrait into the classrooms serving the city’s poorest communities. Kozol pulls no punches in a truly visceral recollection of his visit to Pyne Point Middle School, writing:

…inside, in battered, broken-down, crowded rooms, teem the youth of Camden, with dysfunctional fire alarms, outmoded books and equipment, no sports supplies, demoralized teachers, and the everpresent worry that a child is going to enter the school building armed.[21]

Ultimately, it is inarguable that the physical quality of public schools and educational facilities in Camden was incredibly unequal, reflecting broader residential trends. Where poor, minority-majority neighborhoods experienced a degradation of property values and lived in dilapidated areas of the cities as a direct result of redlining and other racist housing policies, so too were children of color in Camden zoned into old, crumbling school buildings that by this time, barely remained standing, effectively stripping them of the same educational resources and physical comforts provided to white students both in the city and its neighboring suburbs.

            Such inequalities were also present in records of student achievement and morale. Educated in barely-standing school buildings overseen by cash-strapped school districts, students of color in Camden’s poor communities were not afforded nearly the same learning opportunities nor educational resources as white students in the area. In Camden and Environs, Blaustein cites Camden superintendent Dr. Anthony R. Catrambone’s perspective on inequalities in education, writing, “…pupils from Sumner Elementary School (99.8 percent Negro) who transfer to Bonsall Elementary School (50.3 percent Negro) ‘feel unwanted, and that they are having educational problems not experienced by the Negroes who have all their elementary training at Bonsall’ [Catrambone’s words].”[22]

            Thus, it is evident that inequalities in schooling facilities and instruction not only resulted in a considerable achievement gap between students in segregated and integrated communities, but also that such inequalities were clear and demonstrable, even to students themselves at the elementary level. Catrambone’s observation that students from Sumner felt “unwanted” and viewed themselves as struggling, suggests that students in Camden’s segregated neighborhoods internalized the city’s structural inequality, viewing themselves as lesser than their white/integrated peers both in intellectual capacity and personal character. Such perspectives, reinforced by the constant presence of systemic discrimination along racial lines as well as crumbling school facilities and housing units, became deeply entrenched in minds and hearts of Camden’s youth, thereby creating trends of educational failure that were cyclical in nature, reinforced both externally by social structures and institutions as well as internally within segregated communities of color.

            Similarly, dysfunction soon became synonymous with segregated schools and low-income communities of color at the institutional level. School administrators and Boards of Education began to expect failure of students of color, stripping away any opportunity for such schools to prove otherwise. For example, Camden’s school leadership often designated rigorous curriculums and college-preparatory courses to majority-white schools, neglecting to extend the same opportunities to minority-majority districts. For example, in reporting on administrative conversations on the potential integration of Camden High School in 1963, Blaustein observes:

The maintenance of comprehensive academic tracks was recognized by administration as dependent on white students, implying students of color alone were not expected to sustain them: ‘if these pupils [white college preparatory students from the Cramer area] were transferred to Woodrow Wilson [a majority-Black high school located in the Stockton neighborhood], Camden High would be almost entirely a school for business instruction and training in industrial arts.[23]

It is vital to first provide context as to Blaustein’s usage of the terms “business instruction” and “industrial arts.” In utilizing these terms, Blaustein refers primarily to what is referred to as “vocational education” in modern-day America. With this crucial context firmly established, it becomes evident that public educators in early-1960s Camden viewed college education as a racially-exclusive opportunity, to be extended only to white students.

Such attitudes were reflected in the curricular rigor present in Camden’s minority-majority schools which were, to say the least, held to an extremely low standard. The lessons designed for children of color were incredibly simple and non-complex, as schools were treated less as institutions of learning and self-improvement, but rather as detention centers for the city’s disenfranchised youth. As Camden native and historian David Bain writes in the piece Camden Bound, “History surrounds the children of Camden, but they do learn a lot of it in school…Whitman is not read by students in the basic skills curriculum. Few students that I met in Camden High, indeed, had never heard of him.”[24] As such, Black and Hispanic students were effectively set up for failure as compared to white students, viewed as predestined to either not graduate from their primary schooling or to enter lower-paying careers and vocational fields rather than pursue higher education, and opportunities that college afforded students, particularly during this period where college degrees were significantly rarer and highly-valued than in the modern day.

            Thus, it is evident that throughout the mid-twentieth century Camden’s public school system routinely failed Black and Hispanic students. From inequalities in school facilities and curriculum, Camden’s public school system repeatedly communicated to students in segregated areas that they simply were not worth the time and resources afforded to white students, nor possessed the same intellectual capacity as suburban children. Denied quality schools and viewed as predestined high school drop-outs, Camden’s public schools never truly invested in their children, creating an atmosphere of perpetual administrative negligence in improving schools and learning outcomes for the city’s disadvantaged youth. As Blaustein so aptly writes, “‘…the school authorities are against changing the status quo. They want to avoid headaches. They act only when pressures are applied’”.[25]

It is clear that such drastic disparities in learning outcomes arose not only out of administrative negligence, but also as a direct result of segregation within the city. While no law affirming segregation was ever passed in New Jersey, it is clear that schools in Camden were completely and unequivocally segregated, and that a hierarchical structure clearly existed in regards to determining which schools and student populations were most supported and prepared for success. Time and time again, educators favored white students and white schools, kicking students of color and their schooling communities to the curb. It is against this backdrop of negligence and resignation that wider narratives around the city of Camden and its youth as “lost causes” beyond any and all help began to emerge.

By the late twentieth century (specifically the 1980s and 1990s), narratives around Camden as a drug and crime-infested urban wasteland began to propagate, rising to a national scale in the wake of increasing gang activity and rapidly-rising crime rates in the area. While public focus centered on the city’s criminal justice department and woefully-inept political system, reporting on the state of Camden’s public schools served to reinforce perceptions of the city as destined for failure and beyond saving, chiefly through local press’ demonization of Camden’s youth. For example, the Courier Post article “Battle being waged to keep youths from crime”, reads, “‘Girls are being raped in schools, drugs are proliferating, alcohol is proliferating, and instead of dealing with it, some parents and administrators are in denial…they insist it’s not happening in their backyard’”.[26] The manner in this author speaks of public schooling in Camden reads as though the city’s schools and places of education were not learning communities, but rather prisons – the students inhabiting these spaces not children, but prisoners, destined to be nothing more than a “thug”.

  Ignoring the city’s long history with racial segregation and redlining, which as established earlier in this paper, clearly resulted not only in disparities in learning outcomes but also caused a deep internalization of institutional failure within many students of color and their learning communities, articles such as this neglect the willingness to truly explore the roots of crime and poverty in Camden, focusing instead on the result of decades of institutional neglect of communities of color, rather than the root cause of these issues. In doing so, media coverage of such failures in Camden removed the burden of responsibility from the city lawmakers and school administrators responsible for abject poverty and educational disparities, instead putting the onus on the communities which were intentionally and perpetually disenfranchised at the institutional level across all aspects of Camden’s sociopolitical network.

Additionally, this article’s veiled assertion of Camden parents as disinterested and uninvested in their children’s success is especially gross and inaccurate. The fact of the matter is that parents and local communities within even the most impoverished and crime-ridden neighborhoods of Camden had long-lobbied for improvements to public schooling and their communities, concerned chiefly with their children’s futures and opportunities. For example, by the late 1990s, Camden City’s charter network had experienced significant growth, much of its early success owed directly to parents and grassroots organizations devoted to improving the post-schooling opportunities of disadvantaged children. In 1997, over seventeen new charters were approved by the city of Camden, the first opening in September of that year. The LEAP Academy University Charter School was the result of years of political lobbying and relentless advocacy, of which the loudest voices came from parents and community activist groups. Spearheaded by Rutgers University-Camden professor and city native, Gloria Bonilla-Santiago, the LEAP Academy included specific parent action committees, community outreach boards, and sponsored numerous community service events.[27] Thus, this inclusion of virtually one of the only groups truly invested in children of color’s success in Camden alongside the group which repeatedly conspired to confine them to crumbling schools and prepare them only for low-paying occupations is wildly inaccurate and offensive in a historical context, thereby demonstrating how media narratives around Camden and its school system repeatedly disregarded factually-correct reporting, in favor of sensationalized reports on Camden’s struggles, framing schools and city youth as ground zero and progenitors of the wider issues facing the city as a whole.

While community activism was absolutely present across Camden, it is also important to highlight the damaging impact of such negative narratives surrounding the city on its residents. In his book Camden Bound, a literary exploration of the history of Camden and its community, Camden-born historian David Bain highlights the internalization of damaging, sensationalized descriptions of Camden. He writes:

For most of my life, my birthplace, the city of Camden, has been a point of irony, worth a wince and often hasty explanation that though I was born in Camden, we didn’t actually ever live in Camden, but in a succession of pleasant South Jersey suburban towns…As I moved through life…I would write out the name Camden (I’m ashamed to name my shame now) with a shudder.[28]

While Bain’s Camden Bound does relate specifically to his own individual experience and struggle with the acknowledgement of his birthplace in the wake of national infamy, he spends perhaps even more time exploring the current state of the city, as well as the perspectives of current Camden residents. In recounts his most recent visit to Camden, Bain describes nothing short of absolute devastation and complete social blight and urban decay, writing:

Too many newspaper headlines crowd my brain – “Camden Hopes for Release From Its Pain”; “In Struggles of the City, Children Are Casualties”; “Camden Forces Its Suburbs To Ask, What If a City Dies?”; “A Once Vital, Cohesive Community is Slowly, but Not Inevitably, Dying.” And that devastating question from Time: “Who Could Live Here?”…It has been called the poorest city in New Jersey, and some have wondered if it is the poorest in the nation. Adult men and women stand or sit in front of their shabby two- story brick houses, stunned by purposelessness. In abandoned buildings, drug dealers and their customers congregate. On littered sidewalks, children negotiate through broken glass, condoms, and spent hypodermics.[29]

Judging from Bain’s simple description of the sights that he witnessed while driving through Camden, it is evident that Camden’s residents have been burned out by the widely-circulating narratives of the city and its national infamy. The vast majority of residents poverty-stricken and lacking the financial or social capital to create meaningful change for their communities themselves, such headlines and narratives of the city were nothing short of absolutely devastating. Such soul-crushing portrayals signal yet another air of perpetual negligence and resignation by powerful voices, within the media, local politics, and even national government, thus demonstrating a national perception of Camden as “failed”, and were thus internalized by Camden’s residents.

For example, in interviewing Rene Huggins, a community activist and director of the Camden Cultural Center, Bain chiefly relays her frustration with recent state legislation upon the assumption of office by Republican governor Christine Todd Whitman and recent rollbacks of welfare programs, occupational training, and educational funding that had been promised to the city. Speaking on the increasing hopelessness of many city residents, Huggins states, “And on top of all that…we get that headline in Time magazine – ’Who Could Live Here?’ Why not just give us a lot of shovels and bury the place?’”.[30] Such statements, alongside Bain’s experiences of Camden, thus demonstrate that as a direct result of national resignation to the state of Camden and a lack of willingness nor initiative to improve the city (and even more damaging, a removal of resources and social initiatives designed specifically to improve the state of the city), many Camden residents adopted a similar mentality of resignation and shame toward their community, choosing to simply exist with the city’s misery as opposed to creating any real, meaningful change, having been spurned and failed by various powerful sociopolitical institutions and organizations across generations, thereby reinforcing the harmful narratives that had played such a crucial role in the development of such behaviors.

The very article mentioned in ire by Ren Huggins, Kevin Fedarko’s “Who Could Live Here?”, also offers insight into public perceptions of Camden and more specifically, its youth, during the late twentieth-century. Written in 1992, Fedarko postures the city of Camden as a barren wasteland and its inhabitants – predominantly young people and children – as akin to nothing more than prisoners and criminals. For example, Fedarko writes:

The story of Camden is the story of boys who blind stray dogs after school, who come to Sunday Mass looking for cookies because they are hungry, who arm themselves with guns, knives and — this winter’s fad at $400 each — hand grenades. It is the story of girls who dream of becoming hairdressers but wind up as whores, who get pregnant at 14 only to bury their infants.[31]

Fedarko’s description of Camden’s children is extraordinarily problematic, in that it not only treats the city’s youth as a monolithic group, but then proceeds to demonize them en masse. In describing the city’s young people as baselessly sadistic and violent, while neglecting to position rising youth crime rates in the context of historical disenfranchisement nor take a moment and pause to acknowledge that this is not the case for all of the city’s young people, Fedarko’s work only furthers narratives of Camden and its young people as lawless and destined for jail cells rather than degrees. In particular, Fedarko’s description of Camden’s young women as “whores” is especially gross, considering the fact that the people of whom Fedarko speaks are children, thereby applying unnecessary derogatory labels to young women (largely women of color), while failing to acknowledge the true tragedy of Camden and the conditions to which young people are subjected to. In describing the situation of a teenager involved in gang activity, Fedarko also employs similarly disrespectful and dehumanizing language, writing:

…drug posses …use children to keep an eye out for vice- squad police and to ferry drugs across town. Says “Minute Mouse,” a 15- year-old dealer: “I love my boys more than my own family.” Little wonder. With a father in jail and a mother who abandoned him, the Mouse survived for a time by eating trash and dog food before turning to the drug business.[32]

Ultimately, it is evident that during the late twentieth century, specifically the eighties and nineties, narratives surrounding Camden portrayed the city as nothing more than an urban wasteland and lost cause, a sad excuse for urban existence that eschewed its history as a sprawling manufacturing juggernaut. More damaging however, were narratives surrounding the people of Camden (especially youth), who became synonymous with violence and criminal activity, rather than opportunity or potential. In short, media coverage of Camden was concerned chiefly with the concept of an urban space and people in chaos and thus, prioritized the spectacle of Camden’s failures over the historical tragedy of the city, neglecting to situation the former in the context of self-imposed de facto segregation and racialized disenfranchisement.

Ultimately, it cannot be denied that perceptions of Camden’s public education system as failing and its youth as morally debased were absolutely essential to the formulation of “lost cause” narratives regarding the city. In the popular imagination, Camden became synonymous with decay and dysfunction—a city transformed from a thriving industrial hub into what national headlines would later call “Murder City, U.S.A.” However, these narratives of inevitability in truth emerged from the city’s long history with racial segregation, economic turmoil, and administrative educational neglect. Camden’s schools were central to this development, acting as both products and producers of inequity, serving as clear symbols of the failures in public policy, which were later recast as moral shortcomings of disenfranchised communities themselves.

As demonstrated throughout this study, the structural roots of Camden’s failures in public education were grounded in segregation, manufactured by the same redlining maps and exclusionary residency policies that confined families of color to the city’s most desolate neighborhoods, which would also determine the boundaries of their children’s schools. White flight and suburban migration drained Camden of its capital and tax base, instead concentrating such resources in suburban communities whose already-existing affluence was only reinforced by federal mortgage programs and social support. Historical inquiry into urban decline and the state of urban communities in the postwar period have long since emphasized the importance of understanding urban segregation not as a natural social phenomenon, but rather an architectural inequity, extending into every aspect of civic life and education. Camden’s experience confirms this: segregation functioned not only as a physical division of space but as a moral and ideological one, creating the conditions for policymakers and the media to portray the city’s public schools as evidence of cultural pathology rather than systemic betrayal.

By the late twentieth century, these narratives had become fatalistic. Newspaper headlines depicted Camden’s classrooms as sites of chaos and its youth as violent, transforming real inequities into spectacle. The children who bore the weight of these conditions—students of color educated in crumbling buildings and underfunded programs—were cast as perpetrators of their city’s demise rather than its victims. The label “Murder Capital” distilled these complexities into a single, dehumanizing phrase, erasing the structural roots of decline in favor of a narrative that made Camden’s suffering appear inevitable. In doing so, public discourse not only misrepresented the city’s reality but also justified further disinvestment, as policymakers treated Camden’s collapse as a moral failure rather than a product of policy.

However, despite such immense challenges and incredibly damaging narratives that had become so deeply entrenched in the American national psyche regarding the city, Camden and its inhabitants persisted. Refusing to give up on their communities, Camden’s residents, many of whom lacking the influence and capital to create change alone, chose to band together and weather the storm of national infamy. From community activism to political lobbying, Camden’s communities of color demonstrated consistent self-advocacy. Viewing outside aid as perpetually-promised yet never provided, Camden’s communities pooled their resources and invested in their own communities and children, establishing vast charter networks as well as advocating for criminal justice reform and community policing efforts.

While change was slow and seemingly unattainable, Camden has experienced a significant resurgence in the past decade or so. From investment by major corporations and sports organizations (for example, the Philadelphia 76ers’ relocation of their practice facilities and front offices to the Camden Waterfront in 2016) as well as a revitalization of educational access and recruitment of teaching professionals by the Camden Education Fund, the city has slowly begun to reverse trends of decay and decline, pushing back against narratives that had deemed its failure as inevitable and inescapable. Celebrating its first homicide-free summer this year, Camden’s story is tragic, yet far from over. Rather than adhere to the story of persistent institutional failure and disenfranchisement, Camden’s residents have chosen to take charge of the narrative of their home and communities for themselves, changing it to one of perseverance, determination, and strength. In defiance of decades of segregation, disinvestment, and stigma, Camden stands not as America’s “Murder City,” but as its mirror—a testament to how injustice is built, and how, through resilience, effort, and advocacy, it can be torn down.

 “The case for charter schools,” Courier Post, March 02, 1997

Bain, David Haward. “Camden Bound.” Prairie Schooner 72, no. 3 (1998): 104–44. http://www.jstor.org/stable/40637098 

Beauregard, Robert A. Voices of Decline: The Postwar Fate of U.S. Cities. 2nd ed. New York: Routledge, 2003 http://www.123library.org/book_details/?id=112493

Blaustein, Albert P., and United States Commission on Civil Rights. Civil Rights U.S.A.: Public Schools: Cities in the North and West, 1963: Camden and Environs. Washington, DC: United States Commission on Civil Rights, 1964.

Douglas, Davison M. “The Limits of Law in Accomplishing Racial Change: School Segregation in the Pre-Brown North.” UCLA Law Review 44, no. 3 (1997): 677–744.

Fedarko, Kevin. “The Other America.” Time, January 20, 1992. https://content.time.com/time/subscriber/article/0,33009,974708-3,00.html

Gillette, Howard. Camden after the Fall: Decline and Renewal in a Post-Industrial City. Philadelphia: University of Pennsylvania Press, 2005.

Goheen, Peter G., and Arnold R. Hirsch. “Making the Second Ghetto: Race and Housing in Chicago, 1940-1960.” Labour / Le Travail 15 (1985): 234. https://doi.org/10.2307/25140590

Kozol, Jonathan. Savage Inequalities: Children in America’s Schools. New York: Broadway Books, 1991.

Rasmussen, Chris. “Creating Segregation in the Era of Integration: School Consolidation and Local Control in New Brunswick, New Jersey, 1965–1976.” History of Education Quarterly 57, no. 4 (2017): 480–514. https://www.jstor.org/stable/26846389

Rothstein, Richard. The Color of Law : A Forgotten History of How Our Government Segregated America. First edition. New York: Liveright Publishing Corporation, a division of W.W. Norton & Company, 2017.

Sugrue, Thomas J. The Origins of the Urban Crisis: Race and Inequality in Postwar Detroit. Princeton, NJ: Princeton University Press, 1996.

Tantillo, Sara. “Battle being waged to keep youths from crime,” Courier Post, June 8, 1998

Yaffe, Deborah. Other People’s Children: The Battle for Justice and Equality in New Jersey’s Schools. New Brunswick, NJ: Rivergate Books, 2007. https://search.ebscohost.com/login.aspx?direct=true&scope=site&db=nlebk&db=nlabk&AN=225406


[1] Peter G. Goheen and Arnold R. Hirsch. “Making the Second Ghetto: Race and Housing in Chicago, 1940-1960.” Labour / Le Travail 15 (1985): 234.

[2] Richard Rothstein. The Color of Law : A Forgotten History of How Our Government Segregated America. First edition. New York: Liveright Publishing Corporation, a division of W.W. Norton & Company, 2017.

[3] Peter G. Goheen and Arnold R. Hirsch. “Making the Second Ghetto: Race and Housing in Chicago, 1940-1960.” Labour / Le Travail 15 (1985): 234.

[4] Chris Rasmussen. “Creating Segregation in the Era of Integration: School Consolidation and Local Control in New Brunswick, New Jersey, 1965–1976.” History of Education Quarterly 57, no. 4 (2017): 480–514.

[5] Robert A. Beauregard. Voices of Decline: The Postwar Fate of U.S. Cities. 2nd ed. New York: Routledge, 2003.

[6] Thomas J. Sugrue. The Origins of the Urban Crisis: Race and Inequality in Postwar Detroit. Princeton, NJ: Princeton University Press, 1996.

[7] Howard Gillette, Camden after the Fall: Decline and Renewal in a Post-Industrial City (Philadelphia: University of Pennsylvania Press, 2005), 12–15.

[8] David Howard Bain, “Camden Bound,” Prairie Schooner 72, no. 3 (1998): 104–44.

[9] Chris Rasmussen,. “Creating Segregation in the Era of Integration: School Consolidation and Local Control in New Brunswick, New Jersey, 1965–1976.” History of Education Quarterly 57, no. 4 (2017): p.487

[10] Richard Rothstein, The Color of Law: A Forgotten History of How Our Government Segregated America (New York: Liveright, 2017), 70–75; Gillette, Camden after the Fall, 52–54.

[11] Gillette, Camden after the Fall, 45–50; Bain, “Camden Bound,” 110–12.

[12] Thomas J. Sugrue, The Origins of the Urban Crisis: Race and Inequality in Postwar Detroit (Princeton, NJ: Princeton University Press, 1996), 35–40.

[13] Beauregard, Robert A. Voices of Decline : The Postwar Fate of U.S. Cities. Second edition. New York: Routledge, 2003, 91

[14] Gillette, Camden after the Fall, 50–55; Bain, “Camden Bound,” 120.

[15]Albert P. Blaustein, Civil Rights U.S.A.: Camden and Environs, report to the U.S. Civil Rights Commission, 1963, 22.

[16] Blaustein, Civil Rights U.S.A., 23–24.

[17]Davison M. Douglas, “The Limits of Law in Accomplishing Racial Change: School Segregation in the Pre-Brown North.” UCLA Law Review 44, no. 3 (1997)

[18] Blaustein, Civil Rights U.S.A., 18.

[19] Blaustein, Civil Rights U.S.A., 18.

[20] Blaustein, Civil Rights U.S.A.,

[21] Kozol, Jonathan. Savage Inequalities : Children in America’s Schools. New York: Broadway Books, an imprint of the Crown Publishing Group, a division of Random House, Inc., 1991.

[22] Blaustein, Civil Rights U.S.A., 22.

[23] Blaustein, Civil Rights U.S.A.,

[24] Bain, David Haward. “Camden Bound.” Prairie Schooner 72, no. 3 (1998): 120-121.

[25] Blaustein, Civil Rights U.S.A.,

[26] “Battle being waged to keep youths from crime,” Courier Post, June 8, 1998

[27] Sarah Tantillo, “The case for charter schools,” Courier Post, March 02, 1997

[28] Bain, Camden Bound, 108-109.

[29] Bain, Camden Bound, 111.

[30] Bain, Camden Bound, 119.

[31] Kevin Fedarko, “The Other America,” Time, January 20, 1992

[32] Ibid.

From Right to Privilege: The Hyde Amendment and Abortion Access

When the Supreme Court made their decision on Roe v. Wade in 1973, it seemed as though abortion had finally been secured as a constitutional right. However, this ruling came after more than a century of contested abortion law in the United States. Beginning in the late nineteenth century, the American Medical Association led campaigns to criminalize abortion, which pushed midwives and women healers out of reproductive care[1]. Illegal abortion had been widespread and dangerous; even in the early twentieth century, physicians estimated that thousands of abortions were done annually, many of them resulting in septic infections and hospitalizations[2]. Long before Roe, access to reproductive care was already shaped by race and class, as Rickie Solinger shows in her study of how unwed pregnancy was treated differently for white women and women of color[3]. Within a few years after the Roe v. Wade decision, the promise of abortion access was strategically narrowed. In 1976, Congress passed the Hyde Amendment, which banned the use of federal Medicaid funds for most abortions. This did not overturn Roe v Wade, but it did quietly transform abortion from a legal right into an economic privilege, one that poor women could rarely afford to exercise. As Susan Gunty bluntly stated, “The Hyde Amendment did not eliminate abortion; it eliminated abortion for poor women.”[4] The Hyde Amendment redefined abortion rights by turning a constitutional guarantee into a privilege dependent on income. It represented a shift in strategy among anti-abortion advocates, where instead of directly challenging Roe, they targeted public funding.[5] Representative Henry Hyde himself admitted that his goal was total abortion prohibition, but that the only vehicle available was the Medicaid bill.

Historian Maris Vinovskis emphasizes that this marked a turning point where anti-abortion lawmakers learned to restrict access not by banning abortion, but by eliminating the means to obtain it. They used the appropriations process to accomplish “what could not be achieved through constitutional amendment.”[6] By embedding abortion restrictions into routine spending bills, lawmakers created a powerful way to undermine Roe without technically violating it. An immediate effect was the creation of a two-tiered system of reproductive rights. Wealthier women could continue to obtain abortions, while lower income women, like those on Medicaid, were forced to carry their pregnancies to term. The Supreme Court validated this in Maher v. Roe in 1977 and in Harris v. McRae in 1980, maintaining that while the Constitution guaranteed the right to abortion, it did not require the government to make that right financially accessible to all. As the court stated, the government “need not remove [obstacles] not of its own creation.”[7] This logic fit neatly into the rise of the New Right. The fetus was being recast as a protected moral subject, and as Sara Dubow describes it, it was transformed into “a symbol of national innocence and moral purity.”[8] At the same time, historian Linda Gordon brings up that public funding has never been neutral, and has always reflected judgements about which women should bear children and which should not.[9] In this way, Hyde did not invent reproductive inequality, but it definitely sharpened it.

This raises the question of how the Hyde Amendment reshaped abortion access in the United States between 1976 and 1999, and why it disproportionately affected poor women and women of color. This paper argues that the Hyde Amendment transformed abortion from a constitutional right into an economic privilege. By restricting Medicaid funding, the amendment created a two-tier system of reproductive access in which poor women and women of color were effectively denied the ability to exercise a legal right.

Historians who study reproduction agree that abortion in the United States has always been shaped by race, class, and power. Linda Gordon shows that reproductive control has never been distributed equally, as wealthier white women have long had greater access to contraception and abortion, while poor women and women of color faced barriers or state interference[10]. Johanna Schoen adds to this by examining how public health and welfare systems sometimes pushed sterilization or withheld care, showing that the state has often intervened most heavily in the reproductive lives of marginalized women[11]. Together, these historians argue that Hyde fits into a much older pattern of the government regulating the fertility of women who had the least political power.

Another group of historians focuses on law, policy, and the political meaning of abortion in the late twentieth century. Michele Goodwin analyzes how legal frameworks that claimed to protect fetal life often limited women’s autonomy, especially poor women[12]. Maris Vinovskis explains how anti-abortion lawmakers learned to use the appropriations process to restrict abortion access without challenging Roe directly[13]. Meanwhile, Sara Dubow traces how the fetus became a powerful cultural symbol, which helped conservatives rally support for funding restrictions like Hyde[14]. These scholars help explain how Hyde gained legitimacy both legally and culturally, and why it became such a durable policy.

A third set of historians look at activism, feminism, and the reshaping of abortion politics in the 1970s and 1980s. Rosalind Petchesky shows how abortion became central to the rise of the New Right, as antifeminist and religious groups used the issue to organize a broader conservative movement[15]. Loretta Ross and other reproductive justice scholars explain how women of color challenged the narrow “choice” framework of the mainstream pro-choice movement, arguing that legality meant little without the resources needed to make real decisions[16]. Their work highlights that Hyde did not only restrict abortion for poor women, but also pushed activists to rethink what reproductive rights should even look like.

Taken together, these historians show three major themes of long-standing inequality in reproductive politics, legal tools reinforcing those inequalities, and the political shifts that made Hyde a defining part of conservative identity. What is still less explored, and where this paper enters the conversation, is how the Hyde Amendment created a two-tier system of abortion access between 1976 and 1999, and how that funding gap turned a constitutional right into an economic privilege. This paper brings these together to show how policy, law, and inequality reshaped the meaning of abortion rights in the United States.

The Hyde Amendment did not appear out of nowhere, and rather developed in a very particular political movement where abortion had become one of the most emotionally charged issues in American politics.[17] After Roe v. Wade legalized abortion nationwide in 1973, opponents of abortion had to reconsider their strategy.[18] They could no longer rely on state criminal bans, since they were now unconstitutional. Therefore, instead of attempting to outlaw abortion directly, they began to look for indirect ways to limit who could actually get one. The question became not whether abortion was legal or unconstitutional, but whether it was accessible.[19] This shift happened at the same time that the country was experiencing a wave of distrust towards the federal government after Watergate, along with concerns about inflation and federal spending.[20] Additionally, as a movement over family values escalated, the federal government was infringing on families’ privacy and rights. These anxieties made it easier to frame abortion as both a moral issue, and a financial one as well. Historian Maris Vinovskis notes that the Hyde Amendment represented a new strategy, shifting away from trying to overturn Roe and towards “an effort to restrict the practical ability to obtain abortions through funding limitations.”[21] Anti abortion lawmakers realized that they were still able to limit abortions by cutting off the financial aid that allowed poor women to get them.[22]

To understand this shift, it is important to recognize that the abortion debate had already intensified in the years leading up to Roe. During the late 1960s and early 1970s, Catholic organizations such as the National Right to Life Committee had begun mobilizing against abortion laws in states like New York and California[23]. At the same time, Medicaid, which was created in 1965 as part of the War on Poverty, became central to debates about welfare spending and the moral regulation of poor women[24]. Because Medicaid disproportionately served low income women and women of color, it became an early battleground for questions about who deserved state funded healthcare and reproductive autonomy.

Representative Henry Hyde was the first major figure behind this effort, and he did not try to hide his intentions. During debate in Congress, he stated “I certainly would prevent, if I could legally, anybody having an abortion; unfortunately, the only vehicle available is the Medicaid bill.”[25] He made it clear that the Amendment was not about government budgeting or fiscal responsibility, but was about restricting abortion access by targeting low income women who depended on Medicaid.[26] This strategy also lined up quite well with emerging political alliances, as fiscal conservatives who opposed federal spending could support Hyde because it reduced a publicly funded service.[27] At the same time, religious conservatives who morally opposed abortion also supported Hyde. The idea of “taxpayer conscience”, or that people should not have to financially support something they disagree with, became an effective talking point.[28] However, this strategy also drew on a much longer history of the government controlling the reproductive lives of women, especially poor women and women of color. Nellie Gray, the March for Life national director, made a statement in a 1977 news journal explaining that “pro-life organizations will only have one chance at a human rights amendment and they must do it right by seeing to it that abortion is not permitted in the United States[29].” Gray’s warning reflected how strongly anti-abortion leaders viewed Hyde as a stepping stone toward a much larger project of restricting abortion nationwide. Her statement also highlighted the growing belief among conservative activists that federal funds could be used to reshape reproductive policy, which would disproportionately affect the same women who have already consistently been targeted.

Throughout the twentieth century, the state encouraged childbirth among white, middle class women while discouraging it among women considered “undesirable”, which often meant poor women, Black women, Native American women, etc.[30] In this sense, the Hyde Amendment fit into an existing pattern of allowing privileged women to maintain reproductive autonomy, while placing the greatest burden onto those already facing economic and racial inequality. The structure of the Amendment also built inequality directly into access. Since Hyde was attached to the federal appropriations bill for health and welfare, it had to be renewed every year.[31] This meant that each year, Congress debated what exceptions should be allowed, and whether Medicaid would cover abortion in cases of rape, incest, or a threat to the mother’s life.[32] These exceptions were often extremely limited, difficult to qualify for, or inconsistent across states.[33] When in practice, they rarely resulted in meaningful access.

The impact of Hyde was immediate and severe. There was an enormous drop in Medicaid funded abortions, and while states were technically allowed to use their own funds to pay for abortion services, most did not.[34] As a result, abortion access quickly became dependent not only on personal income, but also on geography. A woman’s ability to exercise a supposedly constitutional right now depended on which state she lived in and whether she had the financial means to pay out of pocket.

By the late 1970s, the Hyde Amendment had created a two-tiered system of reproductive access. Abortion was still legal, but the ability to obtain one became tied to class and race.[35] For many women on Medicaid, especially Black and Latina women who were already disproportionately represented among low-income populations, the right to choose existed only in theory.[36] What Hyde actually accomplished was a shift from abortion as a universal and constitutional right to abortion as something you had to be able to afford. In this way, Hyde did not just restrict funding, it redefined what rights meant in the United States. It showed that a right could remain legally intact, yet still be functionally unreachable for some.

After the Hyde Amendment was passed in 1976, it quickly faced legal challenges from abortion rights advocates who argued that cutting off Medicaid funding violated the constitutional protections that Roe v. Wade put in place.[37] Their basic argument being that if the government recognized the right to choose abortion, then it should not be allowed to create conditions that made that right impossible to exercise.[38] In other words, they argued that a right without access is not really a right at all. However, when these cases reached the Supreme Court, the Court ultimately sided with the federal government, which confirmed that the state could acknowledge a right while also refusing to make it materially available. The first major decision was Maher v. Roe in 1977. This case involved a Connecticut rule that denied Medicaid funding for abortions even when the state continued to cover costs associated with childbirth.[39] The plaintiffs argued that this policy violated the Equal Protection Clause by treating poor women differently from those who could pay privately.[40] However, the Supreme Court rejected this argument, and in the majority opinion stated that “the Constitution does not confer an entitlement to such funds as may be necessary to realize the full advantage of the constitutional freedom.”[41] This reveals the Court’s broader stance, as the justices separated the idea of a right from the state’s obligation to make that right actually meaningful. By framing funding as an “entitlement,” the Court implied that financial accessibility was a luxury, not a constitutional requirement. This language helped transform abortion from a guaranteed right into a conditional one, depending on a woman’s financial status.

This reasoning set the stage for a more consequential case, Harris v. McRae. In 1980, this case dealt specifically with the constitutionality of the Hyde Amendment.[42] The plaintiffs again argued that denying Medicaid funding effectively denied the right to abortion to poor women. They also argued that Hyde violated the Establishment Clause because it reflected religious beliefs, particularly those of the Catholic Church.[43] However, the Court upheld the Amendment, and Justice Potter Stewart wrote for the majority, stating that although the government “may not place obstacles in the path of a woman seeking an abortion, it need not remove those not of its own creation.”[44] This distinction allowed the Court to reinterpret poverty not as a structural condition shaped by state policy but as an individual misfortune that is outside of constitutional concern. Fayle Wattleton, president of Planned Parenthood Federation, challenged the courts findings, stating that “the court has reaffirmed that all women have a constitutionally protected right to an abortion, but has denied poor women the means by which to exercise that right[45].” Scholars like Michele Goodwin have also argued that this logic effectively weaponized economic inequality by making it a neutral, legally permissible barrier to reproductive autonomy[46]. The court drew a clear line between legal rights and material access, claiming that the Constitution protects the first and not the second.

The distinction between rights and access became one of the most influential and damaging ideas in later abortion policy. The Court’s logic suggested that if poverty prevented a woman from obtaining an abortion, that was simply her personal situation and not something the government was responsible for addressing.[47] Though for poor women, this effectively meant that the right to abortion was conditional on wealth. Justice Thurgood Marshall pointed this out directly in his dissent, arguing that the decision reduced the right to choose to “a right in name only for women who cannot afford to exercise it.”[48] Marshall understood that legal recognition was meaningless when economic barriers stood in the way. Historians and legal scholars have also pointed out that these rulings reflected broader anxieties about welfare and poor women’s reproductive autonomy. Johanna Schoen notes that after Hyde, “the issue was no longer legality but economic access. The ability to choose became a measure of one’s class position.”[49] The Court’s decisions essentially cast poverty as a private problem, not a systemic barrier. By accepting the argument that the state did not have to fund abortions, the Court allowed economic inequality to become a legal tool for shaping reproductive outcomes.

The Harris decision also intensified racial disparities in reproductive healthcare, and since women of color were disproportionately represented among Medicaid recipients, they experienced the most direct consequences of the Amendment. Linda Gordon argues that policies like Hyde fit into a longer pattern where the state has “regulated fertility more tightly among poor women and women of color.”[50] This meant that Hyde did not simply limit abortion funding, but it also reinforced existing racial and economic hierarchies within reproductive control. The immediate impact of these decisions can clearly be seen in the data. In states that fully implemented the Hyde restrictions, Medicaid funded abortions dropped by more than ninety nine percent, essentially disappearing within the first year.[51] Clinics that had relied on Medicaid reimbursement closed, and in many communities, the nearest clinic became hours away.[52] For low income women, the cost of travel, time off from work, and childcare created many new layers of burden on top of the medical expense itself.[53]

Once the Supreme Court upheld the Hyde Amendment in Harris v McRae, abortion access in the United States became uneven, and heavily dependent on geography and income. Even though Roe v. Wade technically still guaranteed the constitutional right to abortion, the Hyde Amendment meant that states were able to decide whether they would use their own funds to support abortion services for Medicaid recipients. This resulted in what many scholars describe as a patchwork system of reproductive access, where a woman’s ability to exercise her rights depended on her ZIP code and her bank account instead of a universal legal standard.[54] Since Black, Latina, and Native women were disproportionately represented among low income Medicaid recipients, it is clear that the restrictions had a racial impact, even if the policy did not mention race outright.

This pattern was not new, as Johanna Schoen writes that “the state has historically encouraged childbirth among white, middle class women while discouraging it among poor women and women of color.”[55] Hyde simply reshaped that older system into a modern one, using funding instead of forced sterilization or criminal statutes. Public funding decisions always reflect judgements about who should reproduce and who should not, or in other words, which lives were valued and which were not.[56] Meanwhile, the procedures themselves became more expensive and more difficult to access. Without Medicaid coverage, many women had to delay their abortions while they gathered money to pay for the procedure. This then led to abortions being performed at later gestational stages which made them more medically complicated and more costly. As Schoen explains, delays caused by funding restrictions increased both physical risk and emotional strain for patients.[57] Clinics in poorer regions, especially in the south and midwest, struggled to stay open without Medicaid reimbursement, which left many areas without any providers at all.[58] The combination of travelling long distances and making arrangements to pause their lives for the time being was much harder for lower income women than it would have been for wealthier women. The cost of abortion became a structural burden, one created by the conditions of poverty. For many women, these obstacles made abortion inaccessible, even if they technically had the legal right to obtain one.

By upholding Hyde, the Supreme Court effectively established this two-tiered system, with the Court confirming that constitutional rights did not guarantee the means to exercise them. Reproductive autonomy was made dependent on individual financial circumstances and the state level political culture. The legal battles following Hyde clarified this, and made it clear that the fight over abortion would be decided by who could afford it.

By the 1980s, the Hyde Amendment had become more than a funding restriction. It became a symbol. Beginning in 1976 as a policy decision buried in the federal budget, it grew into one of the defining features of the conservative movement. Hyde showed how questions about family, morality, and religion could be folded into debates about government spending, which linked fiscal and moral conservatism.[59]

Before the late 1970s, abortion had not been clearly split along party lines. There were liberal Republicans who supported Roe v Wade, and conservative Democrats who opposed abortion. But this political landscape changed dramatically as the New Right emerged. Evangelical leaders like Jerry Falwell and Paul Weyrich mobilized conservative Christians around issues such as school desegregation, the Equal Rights Amendment, and sex education[60]. Abortion became the unifying issue they needed, which was a morally charged topic that could bind fiscal conservatives, religious traditionalists, and states’ rights advocates. The political backlash against Roe occurred at the same time that the evangelical Christians were becoming more politically organized.[61] Hyde provided a concrete policy issue around which these groups could mobilize, and helped them forge a new partisan identity. These debates that began over funding became part of a larger cultural conflict about the meaning of family, sexuality, and arguably, national values. The rhetoric that surrounded the Hyde Amendment reflected this shift, because instead of discussing abortion primarily in terms of women’s autonomy or health, conservatives increasingly framed the debate around the fetus. Sara Dubow argues that by the 1980s, the fetus had come to symbolize “a national innocence and moral purity,” a life seen as separate from the woman and one deserving of state protection.[62] This transformation was crucial because it allowed abortion opponents to present themselves as protecting vulnerable life instead of restricting women’s rights.

President Ronald Reagan played a major role in pushing this narrative. Although he had signed an abortion reform law when he was governor of California, by the time of his presidency in 1980, he had fully embraced the anti-abortion cause. In his 1983 essay “Abortion and the Conscience of the Nation,” he argued, “We cannot diminish the value of one category of human life, the unborn, without diminishing the value of all human life.”[63] With this statement, Reagan tied abortion to a broader moral crisis, suggesting that perhaps the nation’s character and spirituality were at stake. This argument resonated strongly with any evangelicals who had helped usher him into office, as he frequently spoke about the United States as a nation in need of moral renewal. His rhetoric helped solidify abortion as a moral anchor in the conservative identity, and made support for Hyde a test for Republican lawmakers.[64] In this environment, opposing the Hyde Amendment became politically risky, as it could be interpreted as rejecting the moral vision that Reagan had tied so closely to national identity.

Meanwhile, the Hyde Amendment’s budget framing allowed conservatives to present the issue in the language of limited government rather than explicitly presenting it as moral regulation. The idea that taxpayers should not be forced to support abortion with public funds gained traction among people who might not have outright embraced the anti-abortion movement. As Maris Vinovskis explains, Hyde represented a new style of policy making in which moral goals were pursued through fiscal restrictions rather than constitutional bans.[65] It was a quieter and more durable form of regulation.

Blending moral politics and fiscal conservatism also helped solidify the broader culture wars of the 1980s and 90s. Issues like school prayers, sex education, gay rights, and welfare reform became linked together as defending “traditional values.”[66] The Hyde Amendment fit neatly into this framework, allowing conservatives to argue that they were simultaneously protecting unborn life and protecting taxpayers from government overreach.[67] They saw abortion as both a moral failure and a misuse of public funds. However, this shift also made it increasingly difficult for Democrats to maintain a unified position on abortion. While most Democratic lawmakers supported the legal right to abortion, many were hesitant to outright oppose the Hyde Amendment, avoiding the risk of being labeled as anti-religion.[68] As a result, the amendment was repeatedly renewed with bipartisan support. A newspaper article from 1993 discussed the twenty years post-Roe, stating that Hyde displayed a “masterful understanding of the rules, procedures, and time constraints of the House,” as he “rounded up 254 of his colleagues (including 98 Democrats) to sustain [his amendment] and prohibit federal funding to pay for abortions for poor women[69].” The article clearly showed that Hyde’s durability did not only rest on conservatives but on a bipartisan reluctance to challenge Hyde as it was framed as fiscally responsible and morally protective.

By the 1990s, the logic behind Hyde had become ingrained in national political identity. The idea that abortion was something the government should not fund became widely accepted. This masked the fact that Hyde had made abortion a class dependent right, one available to those who could afford it and inaccessible to those who could not.[70] It played a key role in shaping these culture wars, by turning the reproductive choices of women into questions of morality and national identity, instead of questions of justice and autonomy.

The widening inequalities created by the Hyde Amendment did more than restrict access, as they exposed the limits of the existing pro-choice framework and set the stage for a new kind of activism. The measures taken by states may have seemed procedural, but combined with the lack of funding, they created this maze of barriers for low income women. Before the inequalities created by Hyde pushed activism in new directions, the reproductive rights movement of the 1970s was dominated by second wave feminist organizations such as NOW and NARAL[71]. These groups framed abortion primarily through the language of privacy and individual choice, relying heavily on Roe’s constitutional logic[72].Yet this framework was limited. It often centered around middle class white women and assumed that once legal barriers were removed, access would naturally follow[73]. Poor women, women of color, and immigrant women repeatedly testified that legality meant little without affordable care, transportation, or childcare[74]. Their experiences highlighted structural inequalities that mainstream pro choice rhetoric did not address. By the late 1980s and 1990s, many reproductive rights organizations began referring to the United States as having two systems of abortion access. In wealthier states, where medicaid or state funds covered abortion, access remained relatively stable. However, in other states, abortion access had become severely limited. The concept of “choice,” which had been the foundation of pro-choice activism, no longer fit the reality. Abortion had shifted from a universal constitutional right to a right that had to be purchased. The Hyde Amendment redrew the map of reproductive freedom, determining where and to whom abortion was available.

While the Hyde Amendment strengthened the conservative movement and reshaped how abortion was discussed in national politics, it also pushed reproductive rights activism in a new and beautiful direction. In the 70s, many mainstream feminist organizations had framed abortion mainly as a matter of individual choice, drawing directly from the privacy language of Roe v. Wade.[75] The assumption was that if abortion was legal, women would be able to access it. But Hyde made it clear that legality and access were not the same thing, and that the concept of “choice” was far less meaningful for women who could not afford the procedure in the first place. At first, mainstream pro-choice organizations struggled to respond. Groups like the National Association for the Repeal of Abortion Laws (now known as Reproductive Freedom for All) and NOW (the National Organization for Women) continued to fight Hyde through legislative appeals and court challenges, and focused on restoring Medicaid coverage.[76] However, these strategies were slow and had little success. Contemporary reports show how quickly grassroots feminist activism responded to Hyde. A 1979 Delaware County Daily Times article described more than forty NOW members and NARAL activists picketing a congressional dinner attended by Henry Hyde[77]. Protesters carried signs reading “Poor people don’t have a choice about my body,” and NOW’s Delaware County president Debbie Rubin told reporters that the Hyde Amendment “eliminates all abortions for poor women except when the life of the mother is in danger[78].” She warned that measures like Hyde did not stop abortion but instead “force a return to back-alley and self-inflicted abortions[79].” Meanwhile, women who were directly affected by Hyde were left to find practical ways to access the care they needed. This led to the early development of abortion funds, which were community based efforts in which volunteers raised money to help low income women pay for their abortions.[80] These funds showed that access could be supported by mutual aid and grassroots networks.

The deeper and more transformative opposition to Hyde came from activists who were already organizing around healthcare inequality, racism, and economic justice. The focus was on the fact that the same systems that restricted abortion access also failed to provide basic healthcare, childcare, housing, and social support.[81] For many women of color, the issue was not only the right to end a pregnancy, but also the right to raise children safely and with dignity[82]. This perspective was rooted in a longer history, as poor women and women of color had often faced contradictory and coercive forms of reproductive control, being denied contraception and abortion.[83] The Hyde Amendment did not create this dynamic, though it did extend it into the post-Roe era by making abortion services unattainable to those without financial resources. Linda Gordon notes that decisions about public funding have long reflected judgments about which women should bear children and which should not, and Hyde reinforces exactly this kind of hierarchy.[84]

By the early 1990s, these critiques began to merge into a new framework known as Reproductive Justice. This term was coined by a group of Black women activists in 1994 who argued that the mainstream pro-choice movement was focusing too narrowly on the legal right to abortion, ignoring the economic and social barriers that shaped many women’s decisions when it came to having an abortion.[85] They insisted that reproductive freedom was not only about ending a pregnancy, but was also about having the conditions necessary to make and sustain meaningful choices in the first place.[86] Reproductive autonomy clearly required more than just legal permission to have an abortion. Access to healthcare, living wages, and safe housing are only a few resources that help in the fight for reproductive autonomy[87]. Organizations like SisterSong, founded in 1997, helped establish reproductive justice as a national movement[88]. It brought together Black, Latina, Indigenous, and Asian American women to argue that reproductive rights should be understood as human rights, grounded more in equality than just privacy.[89] Their work highlighted that access to abortion, childcare, healthcare, and racial and economic justice were all deeply connected. The activism that emerged in response to the Hyde Amendment did not simply resist the policy, but it reframed the entire conversation about reproductive rights and freedoms. “Choice” was an incomplete framework, usually centered on the experiences of white middle class women and overlooking the realities of those with less resources.[90]

Nearly fifty years after its passage, the Hyde Amendment continues to shape reproductive access in the United States. It did not overturn Roe v Wade, and it did not need to. By restricting Medicaid funding, Hyde redefined abortion as something that had to be purchased personally, even though it had been framed as a constitutional right. It set a precedent for how lawmakers could limit rights indirectly, though economic policy rather than outright prohibition. The Supreme Court’s decision in Maher v Roe and Harris v McRae reinforced the shift by drawing a line between the right to choose and the ability for women to exercise that right. The court insisted that poverty was a private circumstance, not something that the state was obligated to help with. This stance made economic equality seem legally neutral, even as it was falling the hardest on poor women and women of color.

The result was a stratified system in which abortion remained legal but unevenly available. Access varied dramatically by state, income level, and race, and the disparities only grew through time as clinics closed and new restrictions were passed. Lawmakers began to justify restrictions as defense of life rather than limitation on women. Additionally, the activism that emerged from groups like the National Black Women’s Health Project and SisterSong reframed abortion access as a part of a broader struggle of reproductive justice, insisting that reproductive freedom means not only the right to end a pregnancy, but also the right to raise children in safe and secure environments. This exposed what Hyde had been showing all along, that rights are only meaningful when people have the resources to act on them.

On the one hand, the Hyde Amendment demonstrated how effectively lawmakers can use economic constraints to reshape constitutional rights without actually touching their legality. This persisted for decades, influencing battles over contraception access, parental consent laws, and clinic closures. On the other hand, Hyde also helped produce a more expansive movement for reproductive freedom, one that recognized the limits of legal victories without material support. The lesson learned from Hyde is that a right that cannot be accessed is not truly a right. The law might claim neutrality in withholding federal funds, but the consequences of that “neutrality” are deeply unequal. The Supreme Court’s ruling in Dobbs v. Jackson Women’s Health Organization in 2022 completed what Hyde set in motion. By allowing states to ban abortion outright, Dobbs transformed the unequal access made byHyde into legal prohibition. The patterns of racial, geographic, and economic inequality exposed by Hyde now define the post-Dobbs landscape, showing that the struggle for reproductive freedom has always been connected to the struggle for equality.

Understanding the Hyde Amendment can also help social studies teachers think about how to teach topics like constitutional rights, inequality, and the ways legal decisions affect people’s everyday lives. For high school students, it can be difficult to understand how a right can exist on paper but still be unreachable in practice. The Hyde Amendment offers a clear example of this. Looking at cases like Maher v. Roe and Harris v. McRae helps students see how the Supreme Court can acknowledge a constitutional right while also allowing policies that make that right not accessible to certain groups. This gives teachers a concrete way to help students think about the difference between what the law says and how people actually experience it, which is an important part of civic learning.

This topic is also useful for teaching about political realignment and the culture wars of the late twentieth century. Abortion was not always a purely partisan issue, and Hyde helps show students how moral, religious, and economic arguments came together to reshape politics on a national level. When teachers use primary sources like congressional testimonies, protest coverage, and presidential speeches, students can trace how different groups framed abortion and funding restrictions, and how these debates shaped the identity of the New Right. This not only builds students’ analytical skills but also shows them how public policy becomes a cultural symbol, not just a legal decision. Hyde also creates an opportunity to introduce the concept of reproductive justice, especially when teaching about movements led by women of color. Many high school students have never considered how race, class, and geography influence who can actually exercise their rights. Discussing how organizations like the National Black Women’s Health Project and later SisterSong responded to Hyde helps students see how activism grows in response to inequality. Teachers never need to take a political stance to guide students through these conversations. Instead, they can highlight how different communities understood the consequences of Hyde and why some activists argued that “choice” alone was not enough.

All in all, the Hyde Amendment is a strong example for teaching disciplinary literacy in social studies. It encourages students to read court cases closely, compare historical interpretations, analyze political speeches, and connect policy decisions to real human outcomes. Using Hyde in the classroom shows students that history is not just about memorizing events, but can also be about understanding how power operates and how policies can reshape people’s lives.

Cofiell, Trisha. “Women Protest at Hyde Dinner.” Delaware County Daily Times (Chester, PA), September 14, 1979. Newspapers.com. https://newspaperarchive.com/delaware-county-daily-times-sep-14-1979-p-1/

Daley, Steve. “Hyde Remains Constant.” Franklin News-Herald (Franklin, PA), July 14, 1993. NewspaperArchive. https://newspaperarchive.com/franklin-news-herald-jul-14-1993-p-4/.

Dubow, Sara. Ourselves Unborn : A History of the Fetus in Modern America. Oxford: Oxford University Press, 2011. https://research.ebsco.com/linkprocessor/plink?id=a4babef6-641b-3719-a368-8aa5e93e8575.

Goodwin, Michele. “Fetal Protection Laws: Moral Panic and the New Constitutional Battlefront.” California Law Review102, no. 4 (2014): 781–875. http://www.jstor.org/stable/23784354.

Gordon, Linda. The Moral Property of Women : A History of Birth Control Politics in America. 3rd ed. Urbana: University of Illinois Press, 2002. https://research.ebsco.com/linkprocessor/plink?id=ea0e3984-56df-3fca-adb6-3fc070515698.

Gunty, Susan. “THE HYDE AMENDMENT AND MEDICAID ABORTIONS.” The Forum (Section of Insurance, Negligence and Compensation Law, American Bar Association) 16, no. 4 (1981): 825–40. http://www.jstor.org/stable/25762558.

Harris v. McRae, 448 U.S. 297 (1980). https://supreme.justia.com/cases/federal/us/448/297/.

Maher v. Roe, 432 U.S. 464 (1977). https://supreme.justia.com/cases/federal/us/432/464/

Neurauter, Juliann R. “Pro-lifers Favor Hyde Amendment.” News Journal (Chicago, IL), December 7, 1977. NewspaperArchive. https://newspaperarchive.com/news-journal-dec-07-1977-p-19/

Olson, Courtney. “Finding a Right to Abortion Coverage: The PPACA, Intersectionality, and Positive Rights.” Seattle University Law Review 41 (2018): 655–690.

Perry, Rachel. “Abortion Ruling to Hit Hard Locally.” Eureka Times-Standard (Eureka, CA), August 27, 1980. NewspaperArchive. https://newspaperarchive.com/eureka-times-standard-aug-27-1980-p-9/

Petchesky, Rosalind Pollack. “Antiabortion, Antifeminism, and the Rise of the New Right.” Feminist Studies 7, no. 2 (1981): 206–46. https://doi.org/10.2307/3177522.

Reagan, Leslie J. “‘About to Meet Her Maker’: Women, Doctors, Dying Declarations, and the State’s Investigation of Abortion, Chicago, 1867-1940.” The Journal of American History 77, no. 4 (1991): 1240–64. https://doi.org/10.2307/2078261.

Reagan, Ronald. “Abortion and the Conscience of the Nation Abortion and the Conscience of the Nation.” The Catholic Lawyer the Catholic Lawyer Volume 30, no. 2 (1986). https://scholarship.law.stjohns.edu/cgi/viewcontent.cgi?article=2212&context=tcl.

Ross, Loretta. “Understanding Reproductive Justice: Transforming the Pro-Choice Movement.” Off Our Backs 36, no. 4 (2006): 14–19. http://www.jstor.org/stable/20838711.

Schoen, Johanna. Choice and Coercion : Birth Control, Sterilization, and Abortion in Public Health and Welfare. Chapel Hill: The University of North Carolina Press, 2005. https://research.ebsco.com/linkprocessor/plink?id=f8bc89c3-f4c2-36da-ba5d-809e9b26a981.

Solinger, Rickie. “‘Wake up Little Susie’: Single Pregnancy and Race in the ‘Pre-Roe v. Wade’ Era.” NWSA Journal 2, no. 4 (1990): 682–83. http://www.jstor.org/stable/4316090.

United States. Congress. House. Committee on Appropriations. Federal Funding of Abortions, 1977–1979. Washington, D.C.: U.S. Government Printing Office, 1979. Gerald R. Ford Presidential Library. https://www.fordlibrarymuseum.gov/library/document/0048/004800738repro.pdf

Vinovskis, Maris A. “The Politics of Abortion in the House of Representatives in 1976.” Michigan Law Review 77, no. 7 (1979): 1790–1827. https://doi.org/10.2307/1288043.


[1] Reagan, Leslie J. “‘About to Meet Her Maker’: Women, Doctors, Dying Declarations, and the State’s Investigation of Abortion, Chicago, 1867-1940.” The Journal of American History 77, no. 4 (1991): 1240–64. https://doi.org/10.2307/2078261.

[2] Reagan 1245

[3] Solinger, Rickie. “‘Wake up Little Susie’: Single Pregnancy and Race in the ‘Pre-Roe v. Wade’ Era.” NWSA Journal 2, no. 4 (1990): 682–83. http://www.jstor.org/stable/4316090.

[4] Gunty, Susan. “THE HYDE AMENDMENT AND MEDICAID ABORTIONS.” The Forum (Section of Insurance, Negligence and Compensation Law, American Bar Association) 16, no. 4 (1981): 825. http://www.jstor.org/stable/25762558.

[5] Vinovskis, Maris A. “The Politics of Abortion in the House of Representatives in 1976.” Michigan Law Review 77, no. 7 (1979). https://doi.org/10.2307/1288043.

[6] Vinovskis 1801

[7] Harris v. McRae, 448 U.S. 297 (1980) https://supreme.justia.com/cases/federal/us/448/297/

[8] Dubow, Sara. Ourselves Unborn : A History of the Fetus in Modern America. Oxford: Oxford University Press, 2011. https://research.ebsco.com/linkprocessor/plink?id=a4babef6-641b-3719-a368-8aa5e93e8575.

[9] Gordon, Linda. The Moral Property of Women : A History of Birth Control Politics in America. 3rd ed. Urbana: University of Illinois Press, 2002. https://research.ebsco.com/linkprocessor/plink?id=ea0e3984-56df-3fca-adb6-3fc070515698.

[10] Gordon 29-34

[11]  Schoen, Johanna. Choice and Coercion : Birth Control, Sterilization, and Abortion in Public Health and Welfare. Chapel Hill: The University of North Carolina Press, 2005. https://research.ebsco.com/linkprocessor/plink?id=f8bc89c3-f4c2-36da-ba5d-809e9b26a981.

[12] Goodwin, Michele. “Fetal Protection Laws: Moral Panic and the New Constitutional Battlefront.” California Law Review102, no. 4 (2014): 781–875. http://www.jstor.org/stable/23784354.

[13] Vinovskis 1793-1796

[14] Dubow 147-155

[15] Petchesky, Rosalind Pollack. “Antiabortion, Antifeminism, and the Rise of the New Right.” Feminist Studies 7, no. 2 (1981): 206–46. https://doi.org/10.2307/3177522.

[16] Ross, Loretta. “Understanding Reproductive Justice: Transforming the Pro-Choice Movement.” Off Our Backs 36, no. 4 (2006): 14–19. http://www.jstor.org/stable/20838711.

[17] Vinovskis 1818

[18] Vinovskis 1794

[19] Gunty 837

[20] Vinovskis 1812

[21] Vinovskis 1801

[22] Gunty 835

[23] Petchesky 120

[24] Schoen, Johanna. Choice and Coercion : Birth Control, Sterilization, and Abortion in Public Health and Welfare. Chapel Hill: The University of North Carolina Press, 2005. https://research.ebsco.com/linkprocessor/plink?id=f8bc89c3-f4c2-36da-ba5d-809e9b26a981.

[25] Olson, Courtney. “Finding a Right to Abortion Coverage: The PPACA, Intersectionality, and Positive Rights.” Seattle University Law Review 41 (2018): 655

[26] Gunty 831

[27] Vinovskis 1811

[28] United States. Congress. House. Committee on Appropriations. Federal Funding of Abortions, 1977–1979. Washington, D.C.: U.S. Government Printing Office, 1979. Gerald R. Ford Presidential Library. https://www.fordlibrarymuseum.gov/library/document/0048/004800738repro.pdf

[29] Neurauter, Juliann R. “Pro-lifers Favor Hyde Amendment.” News Journal (Chicago, IL), December 7, 1977. NewspaperArchive.

[30] Schoen 3-11

[31] Vinovskis 1793

[32] Gunty 826

[33] Gunty 825

[34] Gunty 825

[35] Schoen 5

[36] Schoen 5

[37] Gunty 834

[38] Gunty 836

[39] Maher v. Roe, 432 U.S. 464 (1977). https://supreme.justia.com/cases/federal/us/432/464/

[40] Maher v. Roe

[41] Maher v. Roe

[42] Harris v. McRae

[43] Harris v. McRae

[44] Harris v. McRae

[45] Perry, Rachel. “Abortion Ruling to Hit Hard Locally.” Eureka Times-Standard (Eureka, CA), August 27, 1980. NewspaperArchive.

[46] Goodwin, Michele. “Fetal Protection Laws: Moral Panic and the New Constitutional Battlefront.” California Law Review102, no. 4 (2014): 781–875. http://www.jstor.org/stable/23784354.

[47] Gunty 834

[48] Harris v. McRae

[49] Schoen 147

[50] Gordon 340

[51] Gunty 828

[52] Schoen 225

[53] Schoen 140

[54] Schoen 24

[55] Schoen 5

[56] Schoen 5

[57] Schoen 149

[58] Schoen 32

[59] Vinovskis 1818

[60] Petchesky 216-17

[61] Dubow 162

[62] Dubow 7

[63] Reagan, Ronald. “Abortion and the Conscience of the Nation Abortion and the Conscience of the Nation.” The Catholic Lawyer the Catholic Lawyer Volume 30, no. 2 (1986). https://scholarship.law.stjohns.edu/cgi/viewcontent.cgi?article=2212&context=tcl.

[64] Dubow 154

[65] Vinovskis 1801

[66] Dubow 165

[67] Vinovskis 1795

[68] Vinovskis 1809

[69] Daley, Steve. “Hyde Remains Constant.” Franklin News-Herald (Franklin, PA), July 14, 1993. NewspaperArchive. https://newspaperarchive.com/franklin-news-herald-jul-14-1993-p-4/.

[70] Schoen 5

[71] Gordon 311-323

[72] Gordon 316

[73] Schoen 52

[74] Gunty 827-829

[75] Schoen 74

[76] Dubow 159

[77] Trisha Cofiell, “Women Protest at Hyde Dinner,” Delaware County Daily Times (Chester, PA), September 14, 1979, 1, Newspapers.com.

[78] Cofiell 1

[79] Cofiell 1

[80] Schoen 11

[81] Goodwin, Michele 818

[82] Ross, Loretta. “Understanding Reproductive Justice: Transforming the Pro-Choice Movement.” Off Our Backs 36, no. 4 (2006): 14–19. http://www.jstor.org/stable/20838711.

[83] Schoen 6

[84] Gordon 339

[85] Ross 14-15

[86] Goodwin 785

[87] Ross 14-16

[88] Ross 17

[89] Goodwin 857

[90] Gordon 339

Era 13 Postwar United States: Civil Unrest and Social Change

www.njcss.org

The relationship between the individual and the state is present in every country, society, and civilization. Relevant questions about individual liberty, civic engagement, government authority, equality and justice, and protection are important for every demographic group in the population.  In your teaching of World History, consider the examples and questions provided below that should be familiar to students in the history of the United States with application to the experiences of others around the world.

These civic activities are designed to present civics in a global context as civic education happens in every country.  The design is flexible regarding using one of the activities, allowing students to explore multiple activities in groups, and as a lesson for a substitute teacher. The lessons are free, although a donation to the New Jersey Council for the Social Studies is greatly appreciated. www.njcss.org

Era 13 Postwar United States: Civil Rights and Social Change (1945 to early 1970s)

The postwar era marked the rise of America as a world power. The new world order established alliance and economic agreements that have led to unprecedented economic growth. However, this period also marks divisions between countries with democratic institutions, authoritarian governments following the ideology of Marxist communism, and developing countries with issues of poverty, disease, debt, and human rights abuses. The United States faced issues or racial segregation, a shrinking middle class, and the expansion of costly federal government programs and a large defense budget causing its national debt to increase. Technology and the media influenced social changes.

Dixiecrats and the Authority of State Government in the United States

The principle of federalism is valued in the way the people of the United States govern themselves. There is a fine line between the division of powers between the states and the national government. The Tenth Amendment specifically protects the powers of the 50 states, and the Ninth Amendment protects the powers of individual citizens.  The powers of the national government are carefully defined and limited.

“The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.” (Ninth Amendment)

“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” (Tenth Amendment)

“The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.” (Article 2, Section 2)

“He shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient; he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper; he shall receive Ambassadors and other public Ministers; he shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States.” (Article 2, Section 3)

The Dixiecrats perceived the legislation passed by the national government (Congress and President Truman) to integrate American society as a threat to their liberty and authority as independent states. In the 1948 presidential election, Southern Democrats walked out of the Democratic National Convention because they disagreed with its civil rights platform. They formed a new political party with South Carolina’s Governor Strom Thurmond as their party’s presidential nominee. Their objective was to deny or ‘nullify’ laws passed by the national government to integrate schools and modes of transportation. Individual states wanted to continue with the 1896 “separate but equal” decision from the U.S. Supreme Court decision in Plessy v. Ferguson

In 1798, Congress passed, and President John Adams signed into law, the Alien and Sedition Acts. The acts outraged Thomas Jefferson and Kentucky declared the Alien and Sedition Acts unconstitutional and “altogether void and of no force” in the state of Kentucky.

Kentucky held that our Constitution was a “compact” among the states that delegated a set of limited powers to the federal government. This meant that “every state” had the power to “nullify of their own authority” any violation of the Constitution. In 1832, South Carolina declared the Tariff of 1832 was unconstitutional, “null, void, and no law” because they disproportionately burdened southern states.

“This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.” (Article 6)

Switzerland’s Government

Switzerland is governed under a federal system at three levels: the Confederation, the 26 cantons and the 2,131 communes. The Swiss Confederation of States and its current boundaries were agreed to in 1815 and its current constitution was adopted in 1848. Switzerland has a direct democracy with citizens voting on decisions at all political levels. Switzerland is governed by the Federal Council of seven members representing the different political parties and are elected by the two-house assembly or parliament. whose decisions are made by consensus. Switzerland has a two-house assembly, the National Council is the lower house and represents the people. The upper house is the Council of States and represents the individual cantons. Switzerland also has ten political parties. The powers of cantons include education, culture, healthcare, welfare, law enforcement, taxation, and voting. Cantons have their own constitutions, parliaments, and courts, which are aligned with the federal constitution. 

An example of a conflict in Switzerland that challenged the authority of the individual cantons is the city of Moutier with a population of 7,500 in the canton of Bern. Since 1957, the Moutier committee wanted to secede from the canton of Bern and join the canton of Jura. The majority of people in Bern have voted to keep Moutier within its jurisdiction.  Four out of the seven Jura districts narrowly rejected forming a new district. The three northern, majority Roman Catholic, districts voted in favor of a new district.

Since 2013, there have been peaceful protests and at times vandalism. The people of Moutier voted to join the Jura canton making it the second largest town in the canton of Jura. Although a majority, 51%, of the people voted to join, the government and people of Bern declared their vote to be invalid because some people voted whose residency could not be confirmed. There have been nine referendums in the past 70 years with the population voting to secede and join the Canton of Jura in 2021.  The change to the canton of Jura took effect on January 1, 2026, granting Moutier the right to secede from one canton and join another.

Questions:

  1. Should the national government of the United States be able to enforce common laws for holidays, the economy, schools, transportation, public health, and the environment in all 50 states and territories?
  • What are the advantages and disadvantages of the federal system of power between the individual states and the national government in the United States?
  • Does the Swiss government model have any advantages or disadvantages over the structure of government in the United States?
  • What would be the best way to resolve the conflict with the population of Moutier?
  • Will the decision allowing Moutier to secede establish a precedent for future towns or cities to secede in Switzerland?  

Platform of the States Rights Democratic Party, August 14, 1948

Article 1, Section 8: Federalism and the Overall Scope of Federal Power

Keeping the Balance: What a President Can and Cannot Do (Truman Library)

Looking Back: Nullification in American History (National Constitution Center)

Political System of Switzerland

Federalism in Switzerland

Education is primarily a state and local responsibility in the United States. About 92% of the money for elementary and secondary education comes from local taxes and money from the individual states. The role of the federal government in education dates back to 1867 when Congress wanted information on teachers and how students learn. Over time this led to land-grant colleges and vocational schools After World War 2, the federal government enacted the “GI Bill” to provide college and vocational education to returning veterans.

In response to the Soviet launch of a satellite, Sputnik, into space in 1957, Congress passed the National Defense Education Act to provide funds for teachers in the areas of mathematics, science, world languages, and area studies to enable us to compete with the Soviet Union. Perhaps the most significant legislation to increase federal funds for schools came in response to the passage of civil rights laws in the 1960s and 1970s and the Great Society programs to reduce poverty. In 1980, Congress established the Department of Education as a position in the president’s Cabinet. In 2025, the Department of Education’s staff and budget was significantly reduced. The Department of Education before 2025 supported 50 million students in 98,000 public schools and 32,000 private schools. They also provided grants, loans, and work-study programs to 12 million students in colleges and vocational training programs. In addition, they administered $150 billion in loans.

The purpose of federal funds in the United States is to provide equality for disadvantaged students and to improve academic achievement. This is monitored through state assessments based on learning standards. Unfortunately, some states lowered their expectations for student achievement to qualify for the federal funds and the federal government is currently investigating fraud in how federal dollars are being spent.

In the United States, federal funds are designated for after school instruction, English language acquisition, preschools, nutrition, literacy, teaching American history and civics, charter, and  magnet schools.

School Financing in Canada

School funding in Canada is primarily a responsibility of provincial and territorial governments. The federal government contributes money to ensure an equal education for its significant indigenous population. Most funding is from Canada’s 10 provinces. Some provinces provide public funding to private, charter, and religious schools.

The government of Canada views education as a public good from which everyone in society benefits. Education prepares students for jobs, higher education, lowers crime, and reduces poverty. Employers also benefit as educated workers are more productive leading to higher profits for businesses. The only province to fully embrace school choice is Alberta. Canadians fear that school choice may lead wealthier Canadians to benefit from independent, parochial, charter, or magnet schools and this would leave marginalized populations at a disadvantage. Equality and equity are two principles that Canadians value.

According to U.S. News & World Report, the United States is ranked #1 and Canada is ranked #4 in the world in education.

Questions:

  1. Should local communities, states or provinces, or the national government decide the curriculum and funding for public schools?
  2. To what extent should public tax dollars be used to support private or religious schools?
  3. What is the best way to ensure an equal and equitable education for all students?
  4. Should public tax dollars be used for extracurricular activities and sports in schools?
  5. Do you consider education to be a public good that benefits all of society or is it a private good that benefits individual students?
  6. To what extent should public tax dollars be used to support college and vocational education after completing elementary and secondary education?

Elementary and Secondary Education Act

Canada’s Approach to School Funding

Council of Ministers of Education, Canada

De facto Racial Residential Segregation in the United States

The United States ended racial segregation with the Brown v. Board of Education v. Topeka, Kansas decision by the U.S. Supreme Court in 1954, the Civil Rights Act of 1964, and the Voting Rights Act of 1965. However, the United States continues to be a place of segregation, not integration. Residential segregation exists through our zip codes and neighborhoods. Although our laws prohibit discrimination, differences in land use policies, wealth and income, contribute to what is called de facto racial residential segregation. Neighborhoods determine the quality of schools, public safety, quality of drinking water, opportunities for employment, strategies of law enforcement, rates of incarceration, and life expectancy.

A study by the University of California (Source) found that more than 80 percent of metropolitan areas were more segregated in 2019 than in 1990. In 2025, the United States government effectively ended support for DEI (Diversity, Equity, and Inclusion) programs. Racial residential segregation is difficult to    address when resources are not equally available to all communities. The Kerner Commission wrote in its 1968 report that integration is “the only course which explicitly seeks to achieve a single nation” rather than a dual or permanently divided society.

Table 3: Top 10 Most Segregated Metropolitan Statistical Areas (2019, Minimum 200,000 people)

Segregation  RankMetro
1New York-Northern New Jersey-Long Island, NY-NJ-PA
2Chicago-Joliet-Naperville, IL-IN-WI
3Milwaukee-Waukesha-West Allis, WI
4Detroit-Warren-Livonia, MI
5Miami-Fort Lauderdale-Pompano Beach, FL
6Los Angeles-Long Beach-Santa Ana, CA
7Trenton-Ewing, NJ
8Cleveland-Elyria-Mentor, OH
9Philadelphia-Camden-Wilmington, PA-NJ-DE-MD
10 (tied)Beaumont-Port Arthur, TX
10 (tied)New Orleans-Metairie-Kenner, LA

Religious Segregation in India

India ended the caste system in 1947 and yet many Indians live in religiously segregated areas. One of the reasons for this segregation is that friendship circles are often part of the religious community and marriages are within the same faith community. People in southern India are most likely to live in integrated neighborhoods. Indians with a college degree are more accepting of people from other faiths living in their neighborhoods than those with less education.

Very few Indians say they are married to someone with a different religion. Almost all married people (99%) reported that their spouse shared their religion. This applies to Hindus, Muslims, Christians, Sikhs and Buddhists.

Indians generally marry within same religion

Religion, especially members of the Hindu faith, is closely connected with views on politics and national identity. Hindus make up 80% of India’s population. A Pew Research study found that 36% of Hindus would not be willing to live near a Muslim, and 31% say they would not want a Christian living in their neighborhood. Jains are even more likely to express such views:. 54% of people who identify with the Jainist faith would not accept a Muslim as a neighbor, and 47% say the same about Christians. People who identify as Buddhist tend to be the most accepting of people from other faith traditions. Eight-in-ten Buddhists in India say they would accept a Muslim, Hindu, Christian, Sikh or Jain as a neighbor.

Members of both large and small religious groups mostly keep friendships within religious lines

And Indians who live in the Central region of the country are more inclined than people in other regions to say it is very important to stop people from marrying outside of their religion. Among Hindus in the Central region, for instance, 82% say stopping the interreligious marriage of Hindu women is very important, compared with 67% of Hindus nationally. Among Muslims in the region, nearly all (96%) see it as crucial to stop Muslim women from marrying outside the faith, versus 80% of Muslims nationally.

The religious segregation also impacts the quality of education and employment. Muslim student enrollment is dropping. Some states in India are banning religious instruction even though it is protected by the national constitution.

Questions:

  1. Are there common factors (geographic, social, economic, racial, educational, religious, etc.) causing different kinds of segregation in Indian and the United States?
  2. How can countries best establish a social system of equality and integration?
  3. Is segregation present in your school or community?
  4. How do countries/societies unite or define their identity?
  5. Is the problem of segregation about the same, more severe, less severe in India or the United States?

Examples of Government Regulation of Business in the United States

Religious Segregation in India (Pew Research Center)

The Great Society Program in the United States

In 1965, according to the U.S. Census, the poverty rate in the United States was 13.3%. In 2024, it was 10.6%. However, poverty rates often provide mixed data because of inflation, income levels, race, and age. For examples in 1965 45% of the population in South Carolina was below the poverty line and in 2024 the poverty rate for Hispanic (15%), Black Americans (18.4%), and Native Americans (19.3%) is significantly higher than 10.6%. The definition is further complicated by the difference between absolute poverty (below an income of $31,200 for a four-person household) and relative poverty (the quality of life for people in a neighborhood or community).

Social Security and Medicare are for senior citizens who are eligible at age 65 for Medicare and age 67 for Social Security. There are 83 million people, including children, receiving Medicaid, about 25% of the population. The program is offered by the states and the services provided depend on the state. An average estimate for eligibility is an income that is about 140 percent above the federal poverty level ($30,000 for a family of two in New Jersey, as of 2026). In New Jersey, Medicaid costs about 23% of the state’s budget. Approximately 25% of the residents in New Jesey receive Medicaid at an average cost of $2,600 per enrollee. Amounts vary and are higher for families with children and pregnant women.

According to the Congressional Research Services, mandatory spending was only 30% of the federal budget. Today, it is 60%. Medicare and Medicaid together cost nearly $1 trillion annually. Medicare, Medicaid, and Social Security, are the main contributors to our national debt, which is now over $40 trillion (or roughly $59,000 per citizen). According to the Kaiser Family Foundation, Medicare provides health insurance coverage to 68 million Americans. Funding for Medicare is from government contributions, payroll tax revenues, and premiums paid by beneficiaries. Medicare spending is currently about 13.5% of the federal budget or roughly $1.1 trillion. The average cost is $17,000 per enrollee with a $12 billion shortfall in 2023, about $1,300 per enrollee.  The administration of President Trump cut some of the Medicaid programs in 2025 and is negotiating lower prescription drug costs to reduce this shortfall. An aging population and higher health care costs are factors that are expected to continue. Even with these Great Society programs, poverty among the elderly is significantly high. According to USA Today,

“Based on the official measure, which is a simple calculation based on pretax cash income compared with a national threshold, the percentage of seniors in poverty rose to 9.9% last year from 9.7% in 2023, data showed. Using the more comprehensive supplemental measure, which includes noncash government benefits, accounts for taxes and essential expenses like medical care and work-related costs, and adjusts thresholds for regional differences in housing costs, senior poverty rose to 15% from 14.2% − and marked the highest poverty level among all age groups.”

Although these programs are not cost effective and are withdrawing funds from the Trust Fund, they are considered transfer payments because the money is spent at the local and state level which generates income and GDP growth in the economy. They are often referred to as entitlement programs because they were passed by Congress and have been in effect for 90 years (Social Security) and 60 years (Medicaid and Medicare) and revised and expanded over time.

Marshall Plan

In June 1947, Secretary of State George Marshall, announced the U.S. plan to give economic aid to Europe. The offer was made to all of Europe, including the U.S. wartime enemies and the communist countries of Eastern Europe. Sixteen European countries responded by cooperating on a plan that was accepted by the United States. The United States appropriated $13.6 billion (equivalent to $190 billion in 2026 money) was provided. By 1950, the economies of the participating countries returned to their prewar levels.

The Marshall Plan required the countries to stabilize their currency, reduce public spending, import goods from the United States and increase their exports to the United States. There were clear expectations that benefited the economy of the United States. The Marshall Plan established the U.S. as a dominant economic power, promoted open trade and prevented the return of economic depression. It was critical in forming NATO and a closer relationship between the United States and Europe.

Questions:

  1. Given the fact that the Great Society programs of Medicaid and Medicare are not cost effective and that the poverty rate for people over the age of 65 has increased, should the United States continue with these programs?
  2. What should the United States or the individual states do to lower the poverty rate among people over the age of 65?
  3. Does the United States have a legal (constitutional) or moral responsibility to provide supplemental or full health care for its citizens, legal residents, and/or undocumented immigrants?
  4. Was the Marshall Plan worth the investment by the United States?
  5. What factors contributed to the success of the Marshall Plan?
  6. Would a ‘Marshall Plan” to support the rebuilding of a sustainable infrastructure based on renewable energy be effective and accomplish similar outcomes within three to five years?

Tallying the Costs and Benefits of LBJ’s Great Society Programs (American Enterprise Institute)

Estimates of the Costs of Federal Credit Programs (Congressional Budget Office)

Kaiser Family Foundation Reports on Medicare-Medicaid Enrollment and Spending

Marshall Plan (1948) (National Archives)

Marshall Plan and U.S. Economic Dominance (EBSCO)

The Marshall Plan: Design, Accomplishments, and Significance (Congressional Research Service)

Era 12 Postwar United States: Cold War (1945 to early 1970s)

New Jersey Council for the Social Studies

www.njcss.org

The relationship between the individual and the state is present in every country, society, and civilization. Relevant questions about individual liberty, civic engagement, government authority, equality and justice, and protection are important for every demographic group in the population.  In your teaching of World History, consider the examples and questions provided below that should be familiar to students in the history of the United States with application to the experiences of others around the world.

These civic activities are designed to present civics in a global context as civic education happens in every country.  The design is flexible regarding using one of the activities, allowing students to explore multiple activities in groups, and as a lesson for a substitute teacher. The lessons are free, although a donation to the New Jersey Council for the Social Studies is greatly appreciated. www.njcss.org

The middle of the 20th century marks the zenith of American power in the world. Following World War 2, international organizations were established to maintain a stable world order. The United States developed alliances to counter the threat of communism and authoritarian governments.  The cost of the arms race and role as ‘global policeman’ was costly for the government of the United States and as a result its defense of democracy and human rights faced criticisms from its elected representatives and people.

In 1959, Fidel Castro came to power in an armed revolt that overthrew Cuban dictator Fulgencio Batista. The U.S. government distrusted Castro and was wary of his relationship with Nikita Khrushchev, the leader of the Soviet Union. President Eisenhower approved the training of a small army for an assault landing and guerilla warfare. The success of the plan depended on the Cuban population joining the invaders.

On April 17, 1961 the Cuban-exile invasion force landed at beaches along the Bay of Pigs and immediately came under heavy fire.  Within 24 hours, about 1,200 members of the invasion force surrendered, and more than 100 were killed. The Bay of Pigs invasion was a disaster for the United States and President Kennedy.

In 2014, Russia invaded the Crimean Peninsula in Ukraine. Russia annexed Ukraine but the international community did not support or recognize the actions of Russia. Since 2014, Russia has tightened its grip on Crimea. It has transformed the occupied Ukrainian peninsula into a military base, utilizing it for the full-scale invasion of Ukraine in 2022. Crimea currently serves as an important logistical hub for the Russian military, acting as an airbase and naval base while playing a key role in the resupply of the Russian army in Ukraine.

Bay of Pigs Invasion

Russia’s Invasion of Crimea in 2014

  1. Did the United States have a right to overthrow an unelected ruler in Cuba who supported the Soviet Union?
  2. To what extent does geography, national security, or economic stability justify actions of large sovereign states interfering in domestic affairs in smaller states?
  3. Why did the international community fail to challenge Russia’s invasion of Ukraine in 2014?
  4. Why does Russia want territory in Crimea and Ukraine?
  5. How can the international community best address the situation in Ukraine?
  6. If the international community accepts Russia’s illegal annexation of territory in a neighboring state, does this allow or encourage other countries to annex territories. (i.e. China, United States, etc.)

As Americans enjoyed their new prosperity and role as the leader of the free world, there were voices for equality from women, African Americans, and people of color. The US also embraced global responsibilities and the threat posed by the expansion of communism.

Most Americans believe that freedom is a fundamental human right. In the post-World War 2 era, The United States found that the cost of defending democracy and human rights was expensive and difficult. In the first quarter of the 21st century, the United States experienced a state sponsored terririst attack on New York City and Washington D.C., threats of international terrorism, a divided Congress, unprecedented national debt, and conflicts in the Middle East. In 2025, there were 59 violent conflicts in the world. The interests of Russia and China are in conflict with the interests of the United States to defend democratic values and institutions and human rights.

The United States has not ratified the following international agreements on human rights:

  • International Criminal Court
  • Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)
  • Convention on the Rights of the Child (CRC)
  • Convention for the Protection of all Persons from Enforced Disappearance
  • Mine Ban Treaty
  • Convention on Cluster Munitions
  • Convention on the Rights of Persons with Disabilities (CRPD)
  • Optional Protocol to the Convention against Torture

Source

Before 1950, the United States had no stated policy on asylum. However, between 1933-1945, about 200,000 refugees fleeing the violence of war, immigrated to the United States. The American people were opposed to changing the National Origins Quota System enacted in 1924.

The 1952 McCarran-Walter Act was passed over President Truman’s veto. It continues to serve as the basis of our immigration laws and policies.

“The bill would continue, practically without change, the national origins quota system, which was enacted, into law in 1924, and put into effect in 1929. This quota system—always based upon assumptions at variance with our American ideals—is long since out of date and more than ever unrealistic in the face of present world conditions.

This system hinders us in dealing with current immigration problems, and is a constant handicap in the conduct of our foreign relations.” 

In 1965 Immigration and Nationality Act (Hart-Celler Act) eliminated the quota system that was part of the McCarran-Walter Act. The Act opened immigration to people of different racial and ethnic populations, especially Asians and Africans, it continued the quotas for Mexicans and Hispanic populations and favored visas for skilled workers over agricultural or domestic workers.  

According to the UN refugee agency, a record-breaking 3.6 million new individual asylum applications were registered worldwide in 2023 with most new asylum claims made by nationals of Afghanistan, Colombia, Sudan, Syria, and Venezuela. At the close of 2023, 6.9 million asylum seekers worldwide still had pending asylum claims.

In the United States in 2023, nearly half of all asylum approvals were for people fleeing Afghanistan, China, El Salvador, and Venezuela from violence, poverty, and political upheaval.

  1. Why has the United States refused to support international laws on human rights and crimes against humanity since World War 2?
  2. Is there evidence that the United States violates the human rights of some of its own citizens?
  3. Why have the American people reflected a restrictive immigration policy over time, even for refugees facing death or abuse in their home country?
  4. Who should be granted asylum in the United States?

History of Child Labor in the United States

Truman Library Institute

Brown University’s Slavery and Justice Report

The National Council of La Raza

The War Refugee Board

The Immigration and Nationality Act of 1952(McCarran-Walter Act)

The 1965 Immigration Act: Opening the Nation to Immigrants of Color(Gilder Lehrman Institute of American History)

How Should Americans Remember the 1965 Immigration and Nationality Act?(Organization of American Historians)

How the U.S. Asylum Process Works(Council on Foreign Relations)

In the years after World War 2, especially after Churchill’s Iron Curtain Speech in 1946, the United States feared a global domination of communism. This belief gained popularity after China became communist in 1949. The current administration of President Trump is identifying the Democratic party with Marxist-Leninist ideology or progressive ideas for universal health care, helping students to repay college loans, raising the minimum wage, labor unions, and deporting immigrants with legal visas and some who are not documented.

This has a ‘chilling effect’ on people, especially educators and college professors who teach about communism and Marxist socialism. It is important to understand the historical perspective over time regarding how the government of the United States has responded to situations which have called for a change in our government through elections and the violent overthrow of our Constitution and democratic institutions.

Congress has the power to protect the Government of the United States from armed rebellion. The Insurrection Act of 1807 combined a series of statues to protect the United States from angry citizens following the Embargo Act. The issue for debate is when does the protection of free speech regarding criticism of government policies and organizing plans to change government policies or elected leaders become a matter permitting the government to use military force to protect itself.

The Posse Comitatus Act forbids the U.S. military, including federal armed forces and National Guard from enforcing civil law. The reason for this is to protect the First Amendment rights of citizens to express their beliefs. The Stafford Act (1988) permits the use of the military in times of natural disasters or public health epidemics. 

Section 252 the Insurrection Act allows the president to deploy troops without a request from the state and provides the authority to send in troops against the state’s wishes to enforce the laws of the United States or to suppress rebellion.  President Eisenhower used this power to enforce the decision of the U.S. Supreme Court to desegregate the public schools in Little Rock, AK.  In 1992, the governor of California requested President George H.W. Bush to send troops to control the rioting in Los Angeles following the acquittal of four white police officers on the beating of Rodney King. Section 253 allows the president to suppress domestic violence, a conspiracy to overthrow the government, or an insurrection.  John Brown’s raid in 1859 and the Civil War are examples.

The Smith Act was passed in 1940 making it a crime for any person knowingly or willfully to advocate the overthrow or destruction of the Government of the United States by force or violence. This Act led to the arrest of leaders of the Communist Party who were advocating to overthrow the government of the United States by force.

In 1951, the Court ruled in a 6-2 decision that the conviction of Eugene Dennis of conspiring and organizing for the overthrow and destruction of the United States government by force and violence under provisions of the Smith Act.  In 1967, the decision was overturned by the Brandenburg v. Ohio when the Supreme Court held that “mere advocacy” of violence was protected speech. 

In New York, the Feinberg Law banned from the teaching of the violent overthrow of the government of the United States. Several other states adopted similar measures. When a group of teachers and parents challenged this law, the Supreme Court upheld it in Adler v. Board of Education of the City of New York, (1952) In 1967, another Supreme Court overturned the Adler decision.

  1. If the Declaration of Independence states the right of people to dissent and overthrow an unjust government, should school teachers be allowed to teach this to young students?

“That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.”

2. Why do you think the U.S. Supreme Court overturned the Dennis and Adler decisions years later? Do these reversals have a strong foundation in American law?

3. Is it possible to use the Smith Act and the Insurrection Act to bring about a change in government that would embrace a more authoritarian government and a less democratic one?

4. How can the Smith Act and Insurrection Act be abolished?  Should they be abolished?

5. What is the biggest threat facing the United States in the future? (natural disaster, political violence, artificial intelligence, public health emergency, economic crisis, etc.)   Will the best solutions to this threat come from the Executive, Legislative, or Judicial branch of our government?

Thomas Jefferson Signs the Insurrection Act into Law, March 3, 1807

The Insurrection Act Explained  (Brennan Center for Justice)

Dennis v. United States

Supreme Court Rules on Communist Teachers (Adler v. Board of Education of City of New York)

Insubordination And ‘Conduct Unbecoming’: Purging New York’s Communist Teachers at the Start of the Cold War (The Gotham Center for New York City History)

Mass Deportation: Analyzing the Trump’s Adminsitration’s Attacks on Immigrants, Democracy, and America(American Immigration Council)

Japan officially surrendered on September 2, 1945. More than 400,000 Americans, and an estimated 65 million people worldwide, died during the war. After the surrender, the repatriation of the soldiers to their home country began. Refugees also began to return to their homes. The return of the soldiers to Japan, Soviet Union, European countries, and the United States was very different. In this activity, you will compare the return of 7 million soldiers to Japan and the United States. The United States had 16 million soldiers in uniform and 8 million of them were overseas. Operation Magic Carpet was the program to transport Japan’s soldiers to their homeland. There were also millions of Korean and Chinese civilians the Japanese used as slave labor during the war who needed to be repatriated.

Japan’s navy and merchant marine navy had been destroyed during the war. The carriers Hosho and Katsuragi, the destroyer, Yoizuki, and the passenger ship, Hikawa Maru, were able to transport some Japanese soldiers. The United States, Soviet Union, and England used their ships to bring 6.6 million Japanese soldiers back to Japan. The Japanese government designated 18 ports to receive their soldiers. The U.S. role was completed by the end of 1947. The Soviet Union’s role continued through 1957. The port of Maizuru was the largest port.

The Japanese soldiers were sprayed with the chemical DDT (dichloro-diphenyl-trichloro-ethane) to kill fleas and lice. At the time, DDT was considered a ‘safe’ chemical but in 1972 it was known to be harmful. Welcome towers were erected where citizens welcomed the retuning soldiers.

The United States also used Nisei interpreters during the years after the surrender of Japan (1945-1952) to prosecute Japan’s military leaders for war crimes, detect subversive activities and help with the drafting of Japan’s new constitution.

Most cities and homes in Japan were destroyed as a result of the war and the destruction of the two atomic bombs. Almost every family experienced the death of a loved one and they did not have a proper burial or the return of their personal belongings (sword, identification, notebooks, clothing, etc.) The new government in Japan changed the family structure which encouraged marriage and children.

The return of veterans to the United States began in 1944, shortly after D-Day. The government instituted a point system based on battles for the return home after the war ended and the GI Bill, which provided for education and vocational training, credit towards loans, one year of unemployment compensation, and counseling. The purpose of the GI Bill was to avoid the high unemployment and inflation that followed World War I.

“Veterans Prepare for Your Future thru Educational Training, Consult Your Nearest Office of the Veterans Administration,” n.d. Courtesy of NARA, 44-PA-2262, NAID

The repatriation of American soldiers was very successful and the income taxes from their wages paid back the cost of the GI Bill within the first few years. Veterans also purchased new homes which also increased the GDP.  Similar benefits were provided to American soldiers who served in Korea and Vietnam. New car sales also quadrupled in the first ten years following World War 2 and by 1960 about 75 percent of American households owned a car.

  1. Why did the United States spend millions of dollars to repatriate Japanese soldiers to Japan after the surrender and why did our government pay for the inoculations and transportation of Korean and Chinese from Taiwan?
  2. What would the post-war years in Japan be like without the financial and technical assistance of the United States and the Allied Powers?
  3. As a member of Congress, would you have supported the GI Bill in 1944 knowing that the national debt of the United States was 120% above our GDP?
  • Was it fair to provide ships to transport Japanese soldiers home before all of the American soldiers were repatriated?
  • Should the United States have done more (or less) to repatriate the soldiers from Japan?

Maizuru Repatriation Memorial Museum

Return to Maizuri Port: Documents Related to the Repatriation and Internment Experiences of Japanese (1945-1956)   (UNESCO)

The Afterlife of Families in Japan (Texas A&M University, Corpus Christi)

U.S. Naval Institute

The American Soldier in World War 2

Veterans Return Home From World War 2 (U.S. Army Documentary)

Serviceman’s Readjustment Act, 1944 (National Archives)

Civics – Era 11 The Great Depression and World War II (1929-1945)

www.njcss.org

The relationship between the individual and the state is present in every country, society, and civilization. Relevant questions about individual liberty, civic engagement, government authority, equality and justice, and protection are important for every demographic group in the population.  In your teaching of World History, consider the examples and questions provided below that should be familiar to students in the history of the United States with application to the experiences of others around the world.

These civic activities are designed to present civics in a global context as civic education happens in every country.  The design is flexible regarding using one of the activities, allowing students to explore multiple activities in groups, and as a lesson for a substitute teacher. The lessons are free, although a donation to the New Jersey Council for the Social Studies is greatly appreciated. www.njcss.org

Era 11 The Great Depression and World War II (1929–1945)

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The beginning of the 20th century marks the foundation of the transformation of the United States into a world power by the middle of the century. In this era industrialization, urbanization, and rapid immigration changed America from an agrarian to an urban society as people lived and worked in cities. The development of the new technologies of electricity, transportation, and communication challenged our long-held traditional policies of limited government, neutrality, and laissez-faire capitalism. The lesson of the Great Depression was that capitalism and free markets did not enable everyone to attain the American Dream. As a result, Americans looked to their government for help with the problems of unemployment, poverty, old age. Housing, and the supply of food.

During the Great Depression, the unemployment rate was 24.9% in the United States (about 13 million people). Without income, there was very limited private consumption. President Roosevelt identified the South as the number one “problem region” of the U.S. for poverty and economic distress. In 1933, President Roosevelt signed the Tennessee Valley Authority Act, a federally funded program to protect  the environment from floods, encourage economic development, and produce electric power.

In 1934, Shareholders of the Alabama Power Company sued to prevent the TVA from acquiring over half of the company’s property and equipment. The sale would allow the government agency to allocate electric power to consumers. The shareholders argued that Congress exceeded its authority.

The U.S. Supreme Court in Ashwander v. Tennessee Valley Authority, held that Congress did not abuse its power. Justice Hughes argued that the Wilson Dam, the location where the TVA was in the business of generating electricity, had been built originally in the interest of national defense because it produced materials involved in the production of munitions. The government could sell excess electricity to consumers without violating the Constitution. The majority concluded that Congress had the authority to construct the Wilson Dam. The majority also found that the disposal of the electric energy generated was lawful. 

This Supreme Court decision is also known for the reasoning of Justice Louis Brandeis regarding conflicts when one branch exceeds its power and infringes on another branch. Justice Brandeis adopted the criteria which has become known as the ‘avoidance doctrine.“One branch of the government cannot encroach upon the domain of another, without danger. The safety of our institutions depends in no small degree on a strict observance of this salutary rule.”

The legacy of the Tennessee Valley Authority brought electricity to the southeastern United States increasing the productivity of farming and transforming this region from poverty to sustainable economic development. Before the Tennessee Valley Authority, electric power was generated by private companies. (e.g. Westinghouse, Edison Electric Illuminating Company, Public Service Corporation, etc.) Private companies are concerned with making a profit instead of investing in public areas such as street lights or rural areas. The first buildings to have electricity around 1880 were often hotels and commercial buildings. Wabash, IN, Appleton, WI, Cleveland, OH, and lower Manhattan were some of the first towns and cities to have electric power. Some members in Congress, namely Senator George Norris, favored public utility companies as the most efficient way to bring this new invention to everyone in the United States.

Since the Russian Revolution of 1917, Lenin prioritized the electrification of the Soviet Union as essential for economic and industrial development.  Each of the 12 Five Year Plans included the expansion of power through the construction of dams, fossil fuels, natural gas, and since 1975, nuclear energy. The Soviet state planning committee, Gosplan, developed these plans with clearly stated production goals.

One of the problems with the energy plan of the Soviet Union is the transmission of electricity from the generating plant to other regions of the country. Russia depends on a unified power system and the complexity of its geography and use of different energy sources (fossil fuels, hydropower, natural gas, and nuclear) makes it difficult to transfer power from one source to another efficiently.  The heaviest demand for electricity is in the western or European side of the country.  However, as electricity became accessible to rural areas, agricultural production became dependent on electricity. The largest nuclear power plant in Europe is on the Dnieper River in Ukraine. It was constructed in 1985.

The Soviet Union could benefit from the computer software used in the United States, but the Five-Year Plan model is dependent on Soviet Union computers and boilers. Some of the Five-Year Plans were completed ahead of schedule, some did not meet their goals, and they also included social changes such as closing houses of worship, providing child care, and using large collective farms. The goals of most of the plans were to transform the Soviet Union into a major industrial and economic power.

The Debate Between Private and Public Electric Companies

Russia’s 12 5 year plans

The Soviet Electric Power Industry

Questions:

  1. How is a market economy different from a command economy? What are the advantages and disadvantages of both models?
  2. Why did the United States and Soviet Union experience challenges or problems with electrifying their countries?
  3. Is a monopoly or market competition the most efficient economic model for providing utilities to the people in a country? (water, electric, phone, education, etc.)
  4. Is a market or command economy the most efficient model to address the expected problems from climate change in the next 25 years?
  5. Which economic model (market, command, or mixed) is the most efficient one to increase worker productivity?

On January 6, 1940, about three months after Hitler’s attack on Poland, President Franklin Roosevelt gave his Four Freedoms speech as part of his State of the Union address. This was during a time when many people in America wanted to remain neutral and isolated from the European conflict which expanded in September 1939 with Germany’s blitzkrieg attack and occupation of independent Poland.

1940 was also a presidential election year. In the mid-term election of 1938, the Republican Party became the majority in the House and Senate.  The Republican Party had several contenders for the nomination, notably Governor Thomas Dewey (NY) Senator Robert Taft (OH), and Wendell Wilkie, a businessman from Kansas. When the Republican Party convention was held in June in Philadelphia, Wendell Wilkie’s popularity had increased significantly, while the popularity of Thomas Dewey and Robert Taft was declining. 

“In the future days, which we seek to make secure, we look forward to a world founded upon four essential human freedoms.

The first is freedom of speech and expression–everywhere in the world.

The second is freedom of every person to worship God in his own way–everywhere in the world.

The third is freedom from want–which, translated into world terms, means economic understandings which will secure to every nation a healthy peacetime life for its inhabitants-everywhere in the world.

The fourth is freedom from fear–which, translated into world terms, means a world-wide reduction of armaments to such a point and in such a thorough fashion that no nation will be in a position to commit an act of physical aggression against any neighbor–anywhere in the world.

That is no vision of a distant millennium. It is a definite basis for a kind of world attainable in our own time and generation. That kind of world is the very antithesis of the so-called new order of tyranny which the dictators seek to create with the crash of a bomb.

To that new order we oppose the greater conception–the moral order. A good society is able to face schemes of world domination and foreign revolutions alike without fear.

Since the beginning of our American history, we have been engaged in change — in a perpetual peaceful revolution — a revolution which goes on steadily, quietly adjusting itself to changing conditions–without the concentration camp or the quick-lime in the ditch. The world order which we seek is the cooperation of free countries, working together in a friendly, civilized society.

This nation has placed its destiny in the hands and heads and hearts of its millions of free men and women; and its faith in freedom under the guidance of God. Freedom means the supremacy of human rights everywhere. Our support goes to those who struggle to gain those rights or keep them. Our strength is our unity of purpose. To that high concept there can be no end save victory.”

Historical perspectives were important in 1941, and they are important today. The United States, including President Roosevelt, presented a perspective of Japanese superiority and a destiny to rule the world. He also called America’s citizens to accept the importance of a new moral order that included the religious concept of faith in freedom under the guidance of God. This perspective of American superiority is built on a commitment to an idea and an ideal.

A Life Magazine article about Emperor Hirohito in 1937 stated “To Japanese he is, in all seriousness, a divine descendent of the Sun goddess, the incarnate head of the Japanese divinity idea that makes the conquest of Asia a holy destiny for the Japanese race.” For ordinary Americans, the concept of kami in Japanese culture was not comprehendible. Instead of understanding a perspective of divinity as present everywhere, they accepted Hirohito as a son of a god or goddess or someone connected with divinity.

After the bombing at Pearl Harbor tensions between the United States and Japan escalated. Through the lens of war, the Japanese emperor’s god-like status became a more serious issue because they perceived Japan’s war objectives connected with their religious beliefs.  A 1945 United States News story explains, “Shintoism has no religious content and has ethical content to the extent that it is designed to support the idea of the divine origin of the Emperor.”  A 1945 article in Life Magazine stated, “The Emperor of Japan is neither a man nor a ruler. Nor is he simply a god living in Tokyo. He is a spiritual institution in which center the energy, the loyalty and even the morality of the Japanese.” He is supreme in all temporal matters of state as well as in all spiritual matters, and he is the foundation of Japanese social and civil morality.

American and Japanese civilians had very opposite reactions following the events of December 7, 1941. For Americans, Pearl Harbor represented “A Day Which Will Live in Infamy.” For citizens of Japan, Pearl Harbor represented the success of a justified military retaliation. The American and Japanese governments both utilized nationalism to their advantage, and implemented various forms of propaganda as tools for shaping their civilians’ perspectives.  

     “What an uproar! Japan’s Imperial Forces got things off to a quick start with one splendid strike then another in historic surprise attacks on Pearl Harbor, where the bravado of the US Asia fleet met with sudden defeat, and off the Malaya Coast, where the main forces of the British Asia fleet were utterly annihilated. Word has it that Roosevelt and Churchill were shaken up and went pale upon hearing of the defeats. In a third strike, Hong Kong Island, England’s strategic base for its 100-year exploitation of East Asia, fell into ruin in only a matter of ten days. During this time, Churchill was sent reeling, cutting off contact with others and showing up in Washington.

     What these two headstrong countries are striving for will only lead them on a downhill path to military defeat. Our barbaric enemies are already cowering in fear in the Pacific, and the fall of Manila shall mark the day of the Philippines’ subjugation and reversion back to Greater East Asia. The enemy power of Singapore, which was—alas—boasting of its impenetrable stronghold before the Imperial Forces penetrated the jungle area of the Malay Peninsula and advanced southward like a raging tide, shall also vanish into nothingness in the midst of this glorious chapter in history.

     The military gains of the glorious Imperial Forces are truly great, and the army, navy, and air force should be given our heartfelt gratitude. We should also honor our courageous men who are ready to lay down their lives when charging enemy lines, as well as those who went out to conquer but never returned.”

On January 1, 1946, four months after the surrender on September 2, 1945, Emperor Hirohito made the following statement in Japan’s newspapers.

“I stand by my people. I am ever ready to share in their joys and sorrows. The ties between me and my people have always been formed by mutual trust and affection. They do not depend upon mere legends or myths. Nor are they predicated on the false conception that the Emperor is divine, and that the Japanese are superior to other races and destined to rule the world.

FDR Four Freedoms Speech

FDR Annual Message to Congress, January 6, 1940

Japanese vs. American Perspectives on Pearl Harbor

Japan’s Announcement Following Pearl Harbor, December 8, 1941

President Roosevelt’s Speech Following Pearl Harbor (video:4:48)

Eleanor Roosevelt’s Radio Address on the Evening of Pearl Harbor (transcript)

Eleanor Roosevelt’s Radio Address on the Evening of Pearl Harbor (audio, 2:57)

Questions:

  1. How was the rise of dictators after World War 1 an existential threat? How did ordinary American citizens understand the conflict in Europe and Asia before and after the attack on Poland and the attack on Pearl Harbor?
  2. If you were the President of the United States in 1940, would you deliver the Four Freedoms speech or one that is similar in content and context?
  3. Do you accept President Roosevelt’s statement following Pearl Harbor that before the attack the United States was at peace with Japan? (see video clip above)
  4. Are elected leaders elevated by people and the press or are they criticized to the extent that their decisions and motives are questioned?
  5. Which government delivered the best message to its citizens based on factual evidence and an understanding of the importance of the attack on Pearl Harbor?

Two months after the attack on Pearl Harbor, February 19, 1942, President Franklin Roosevelt signed Executive Order 9066 to relocate approximately 117,000 Japanese Americans living on the west coast.  At first, the order was voluntary and Japanese Americans had time to sell their property and comply in an orderly manner.

Unfortunately, many did not comply voluntarily, and the relocation became mandatory. Thousands of people lost their homes and businesses due to “failure to pay taxes.” The relocation of Japanese Americans in the United States for safety and security reasons was controversial during World War II and for the decades that followed.  The internment camps provided educational and recreational activities, adequate heat, and a process to hear complaints and address concerns.

There were 12 camps located all over the United States, with the Seabrook Farms camp in New Jersey.

President Truman rescinded the Executive Order on June 25, 1946 allowing the Japanese Americans to return to their homes. They were in relocation camps for more than four years. When they returned home, most found their belongings stolen and their homes and property sold. They also faced prejudice and discrimination for years, even though Japanese Americans were combat soldiers during the war. 

In 1988, President Ronald Reagan signed the Civil Liberties Act. The remaining survivors of the relocation camps were sent formal letters of apology and were awarded $20,000 in restitutions from the United States government.

On February 23, 1944, the Chechens were exiled from their ancestral lands and deported to Siberia and the northern regions of Kazakhstan. The entirety of the Chechen nation was accused of collaborating with the Fascists, even though there is no evidence to support this. The German advance into the Soviet Union never came close to Chechnya. The Chechen deportation of almost 400,000 men, women, and children is the largest Soviet deportation and occurred in a matter of days. Many Chechens had in fact fought on the front lines of the Soviet war against the German aggressor.

On September 1, 1941 the mass evacuation was announced for the approximately 440,000 Volga Germans. Ten days later they began their forced deportation to Kazakhstan and Siberia. Many were forced to work in ‘labor camps’  such as Kolyma. The Volga Germans were then stripped of their citizenship and did not regain their civil rights until after Stalin’s death. Most estimates indicate that close to 40 percent of the affected population perished.

In 1944, Joseph Stalin ordered the deportation of the entire Crimean Tatar community (roughly 200,000), falsely accusing them of collaborating with the Nazis. Reports suggest that nearly half of the deported died during the ordeal. Ukraine, Latvia, Lithuania, and Canada have all formally recognized Stalin’s brutal deportation as a crime of genocide. During this same period, the Soviet Union adopted a policy of “Russification” for the peninsula. Crimea was “Russified” and any study of the Tatar’s native language was banned, ancient Tatar names were erased, Tatar books were burned, and their mosques were destroyed. Nikita Khrushchev transferred Crimea from Soviet Russia to Soviet Ukraine.

Behind Barbed Wire: Japanese American Camps

Japanese American Internment Camps

Soviet Union Deportation of Volga Germans

Soviet Union Deportation of Chechnyas

Soviet Union Deportation of Crimean Tatars

Questions:

  1. Is it possible for a government to correct something it did that was morally or legally wrong?
  2. Do governments need to justify the actions they take during a time of war or a national crisis?
  3. Are there significant differences in the actions of the United States and the Soviet Union in the relocation or deportation of innocent people, many who were citizens?
  4. Do ordinary people have any rights during a war or crisis (i.e. Ukraine, Gaza, Sudan, Congo, Rwanda, etc.)?
  5. How and who determines if and when a government exceeds its authority?

In World War II, the Japanese were fighting for the Emperor who convinced them that it was better to die than surrender. Women and children had been taught how to kill with basic weapons. kamikaze pilots crashed their planes into American ships. A land invasion would be costly with estimates of more than one million American lives lost.

After a successful test of a nuclear bomb at Los Alamos, New Mexico on July 16, 1945, the United States, China, and the United Kingdom issued the Potsdam Declaration on July 26 demanding the unconditional surrender of the Japanese government, warning of “prompt and utter destruction.” On the morning of August 6, 1945, the first atomic bomb was dropped on Hiroshima. The result was approximately 80,000 deaths in just the first few minutes. Thousands died later from radiation sickness. On August 9, 1945, a second atomic bomb was dropped on Nagasaki. The result was 39,000 men, women and children were killed and 25,000 more were injured. Both cities were leveled and Japan surrendered to the United States.

After the news of the atomic bombs that were dropped on Hiroshima on August 6, 1945 and on Nagasaki on August 9, 1945, Lieutenant General Leslie R Groves, director of the `Manhattan Project’ that had developed the atomic bomb, commented:

“The atomic bombings of Hiroshima and Nagasaki ended World War II. There can be no doubt of that. While they brought death and destruction on a horrifying scale, they averted even greater losses – American, English, and Japanese”.

This justification that the use of the bomb saved lives, even though it killed innocent civilians, has haunted the world into our present time.  It was a view that generated controversy then and after as to the justification or otherwise of the use of such weapons on largely defenseless civilian targets, at such Mutual Assured Destruction (MAD) that has haunted the world into our present times.

Following World War 2, there was an arms race between the Soviet Union and the United States. Although there were threats of war and conflicts in Korea, Southeast Asia, the Congo and other places, this period was called the Cold War. Other countries also developed nuclear weapons leading to concerns of a global conflict.

The world came close to a nuclear attack during the Cuban Missile Crisis. In 1962, nuclear weapons could be delivered by airplanes, missiles, and submarines. The Soviet Union placed nuclear warheads in Cuba and the United States had some in Turkey. These missiles could attack cities in both countries within a range of 1,200 miles. Fortunately, the Soviet Union began to withdraw its ships and missiles from Cuba and an agreement was made.

In the 1960s, the military strategy of Mutual Assured Destruction (MAD) was debated, In this strategy, two opposing forces, the Soviet Union and the United States, had enough nuclear weapons to completely destroy each other. This deterrence theory assumed that neither side would initiate a nuclear attack because the resulting retaliation would lead to their own destruction.  The concept, first discussed in the 1960s during the Cold War, is based on the idea that the devastating consequences of nuclear war would outweigh any potential gains for either side. 

As a result, the United Nations initiated the process to limit the production of nuclear testing and weapons.  Since the first test ban treaty, several agreements have been ratified to control the proliferation of nuclear and chemical weapons. The threat from atomic, hydrogen, neutron, and cobalt nuclear weapons is a concern to every person and every country because of the fallout from dangerous levels of radiation. There are still detectable effects of radiation in our atmosphere today from the 1945 explosion. The effects of radiation from a thermonuclear weapon (Hydrogen bomb) will likely last for hundreds of years and affect every living organism and human.

Following the Attack on the World Trade Center on September 11, 2001, the world became concerned about a terrorist group having access to a smaller nuclear weapon, a dirty bomb, that might be detonated in an urban area. The effects of a dirty bomb would likely be limited to the immediate area of the explosion but the damage to property and the cleanup of radioactive elements would be significant and costly.

Nuclear Arms Race and Treaties: 1949-2021 (Council on Foreign Relations)

Timeline of the Nuclear Non-Proliferation Treaty (Arms Control Association)

Devastating Effects of Nuclear Weapons

Questions:

  1. Why did an arms race between the USA and the USSR begin after 1945?
  2. How sane was the policy of MAD?
  3. What factors sustained the arms race for so long?
  4. Is a limited nuclear war a plausible scenario or would it quickly lead to an all-out war?
  5. What would life on Earth be like after a nuclear war? What geographic regions might have a chance of survival?
  6. Should the civil defense from a nuclear war or dirty bomb explosion be best coordinated by local, state, or the federal government in the United States?
  7. How would the governments of Europe or the Middle East, where there are many countries within a small geographic area respond to a nuclear war or explosion from a bomb or nuclear power plant?
  8. What is the most likely scenario for a nuclear explosion in the 21st century?

Civics Era 10 – The Great Depression and the New Deal (1929-1945)

www.njcss.org

The relationship between the individual and the state is present in every country, society, and civilization. Relevant questions about individual liberty, civic engagement, government authority, equality and justice, and protection are important for every demographic group in the population.  In your teaching of World History, consider the examples and questions provided below that should be familiar to students in the history of the United States with application to the experiences of others around the world.

These civic activities are designed to present civics in a global context as civic education happens in every country.  The design is flexible regarding using one of the activities, allowing students to explore multiple activities in groups, and as a lesson for a substitute teacher. The lessons are free, although a donation to the New Jersey Council for the Social Studies is greatly appreciated. www.njcss.org

The beginning of the 20th century marks the foundation of the transformation of the United States into a world power by the middle of the century. In this era economic prosperity and depression, the ability of our government to provide for the needs of people experiencing economic hardship, and the rise of dictators attacking innocent civilians and threatening the existence of democratic governments leading to a second world war dominate the narrative of this historical period. The development of the new technologies of electricity, transportation, and communication challenged our long-held traditional policies of limited government, neutrality, and laissez-faire capitalism.

In the 1930s, Father Charles Coughlin, a Roman Catholic priest, had a weekly radio program with millions of listeners in the United States. In 1926 he broadcast weekly sermons but as the economy shifted into a recession and depression, his broadcast became more political and economic. They also reflected anti-Semitism with verbal attacks on prominent Jewish citizens. His broadcast following Kristallnacht on November 10, 1938 was particularly divisive. The owner of WMCA, a New York station, refused to broadcast Father Coughlin’s messages

The owner of WMCA, the New York station that carried his program, refused to broadcast Coughlin’s next radio message. The Nazi press reacted to the news with fury: “America is Not Allowed to Hear the Truth” declared one headline. “Jewish organizations camouflaged as American…have conducted such a campaign…that the radio station company has proceeded to muzzle the well-loved Father Coughlin.” A “New York Times” correspondent in Germany noted that Coughlin had become for the moment “the hero of Nazi Germany.” 

In the United States the Federal Communications Act of 1934 and subsequent additions regarding television and quiz shows mostly protects licenses, ensures equal access to all geographic areas, and provides for a rapid communications system regarding emergencies and national defense. It protects First Amendment rights regarding content, with some restrictions regarding profanity or inappropriate sexual content or images. The absence of specific content regulations allowed Orson Welles in 1938 to produce “War of the Worlds” over the radio leading to a panic by many citizens regarding their fear of an alien invasion.  The Fairness Doctrine of 1949 requires broadcasters to allow responses to personal attacks and controversial opinions. In 1969, the U.S. Supreme Court’s decision in Red Lion Broadcasting Co., Inc. v. Federal Communications Commission challenged the constitutionality of the Fairness Doctrine allowing the popularity of political radio and television talk and news programs.

Federal Communications Act of 1934

Broadcast Media Policy in the United Kingdom

The use of public media in the United Kingdom has specific statues to balance the perspectives of opinions and to prevent or limit the public broadcast media as a platform to present the views of the government, propaganda, or to advocate for a particular point of view on a controversial issue. The diversity of opinion in the United Kingdom for the BBC must respect opinions reflecting urban and rural populations, age, income, geography, culture, and political affiliations. There are also reasonable guidelines regarding the editor’s judgment to exclude a particular perspective. Facts and opinions must be defined and clearly stated.   Section 4 Impartiality: 4.3.14     BBC Editorial Policy

In the United States, deposits in most banks are protected up to $250,000 for each investor. This protection restored confidence in American banks during the Great Depression and is an important reason for a sound financial system in the United States. Investments in stocks and bonds fluctuate with market conditions.  Every bank in the United States also has deposits that are not insured. Investments in stocks, mutual funds, and corporate bonds are not insured by the Federal Deposit Insurance Corporation.

The Federal Reserve Bank establishes a reserve requirement, currently 10%, for banks to maintain to ensure adequate funds for withdrawals. The Federal Reserve Bank also monitors the member banks in the Federal Reserve System. Banks are assessed on all of their deposits quarterly and a formula is used to calculate their insurance payment. The FDIC is self-insured, although backed by Congress in the event of a catastrophic collapse of the banking system.

In Japan, the Deposit Insurance Act was enacted in 1971. The DIA fully insures deposits that do not earn interest.  In the United States amounts in checking, savings, money market accounts, and Certificates of Deposit are insured. Deposits that earn interest in Japan are insured up to 10 million yen, or about $70,000.

The most recent crisis in Japan is the exposure of the Aozora Bank to bad loans and investments in the United States. In 2024, it posted a net loss of 28 billion Japanese yen or about $191 million in U.S. dollars. A major earthquake in Japan, effects from extreme weather, or a military conflict would likely present major risks to Japan’s banks.

Examples of countries without any defined deposit insurance are China, Egypt, Israel, Pakistan, and South Africa. Perhaps one-third of the countries in the world do not protect deposits in their banks.

Failed Banks in the U.S. by Year (Forbes)

Federal Deposit Insurance Corporation

Video: FDIC (13 minutes)

Japan’s Banking Crisis in the 1990s (Video)

Huey P. Long is a challenging person for historians and educators. His ‘Share the Wealth’ program, use of the media, authoritarian actions, and criticisms of voter manipulation provide for diverse perspectives. However, he improved healthcare in Louisiana by expanding the Charity Hospital System, creating the Louisiana State University Medical School, reforming institutions to care for the disabled and mentally challenged, and providing free health clinics and immunizations. As a result, many lives were saved.

As governor, Long tripled funding for public healthcare. The state’s free health clinics grew from 10 in 1926 to 31 in 1933, providing free immunizations to 67 percent of the rural population. By building bridges and paving new roads, he made it possible for the rural poor to have access to medical and dental health care and hospitals. In the long historical timeline toward universal health care insurance in the United States, Huey P. Long is a pioneer.

Before Huey Long’s reforms, patients at the Central Hospital for the Insane were locked in chairs during their ‘recreation’ time.  from Every Man a King by Huey Long; reproduced by permission.

Long by-passed the negative press by distributing his own newspaper, “The American Progress,” and he spoke directly to a national audience through radio speeches and speaking engagements. In a national radio broadcast on February 23, 1934, Huey Long unveiled his “Share Our Wealth” plan a program designed to provide a decent standard of living to all Americans by spreading the nation’s wealth among the people. Long proposed capping personal fortunes at $50 million each (roughly $600 million in today’s dollars) through a restructured, progressive federal tax code and sharing the resulting revenue with the public through government benefits and public works. In addition, he advocated for a 30 hour work week, four weeks of paid vacation for every worker, free college or vocational educational and limiting annual incomes to $1 million or about $60 million in today’s dollars. He also advocated for pensions and health care provided by businesses and the government.

Long believed that it was morally wrong for the government to allow millions of Americans to suffer in poverty when there existed a surplus of food, clothing, and shelter. By 1934, nearly half of all American families lived in poverty, earning less than $1,250 annually.  He supported a health care system for all people using government funds.  Long’s authoritarian use of power helped him achieve his goals until his assassination in 1935.

There are four basic health care models

The United States has one of the most expensive health care systems in the world. It invests in research,

However, in 2021, 8.6 percent of the U.S. population was uninsured.  The U.S. is the only country where a substantial portion of the population lacks any form of health insurance. The U.S. has the lowest life expectancy at birth, the highest death rates for avoidable or treatable conditions, the highest maternal and infant mortality, and one of the highest suicide rates in the world. It also has the highest rate of people with multiple chronic conditions and an obesity rate nearly twice the average of other developed countries.

The current programs provided by Medicare (for people over age 65), Medicaid (for people with low incomes), and the Affordable Care Act (current program for most people) are each under attack because of the high costs associated with them and government regulation of the prices paid.

In your research and discussion consider the following models of health insurance and the programs Gov. Huey P. Long implemented in Louisiana in the 1930s.

The Beveridge Model

This model is named after William Beveridge, the social reformer who designed Britain’s National Health Service. In this system, health care is provided and financed by the government through tax payments, just like the police force or the public library.

Many, but not all, hospitals and clinics are owned by the government; some doctors are government employees, but there are also private doctors who collect their fees from the government. This system has the lowest costs per person, because the government controls what doctors can do and what they can charge. Great Britain, Spain, most Scandinavian countries, New Zealand, and Cuba are countries using this model or one that is similar.

The Bismarck Model

The Bismarck models uses an insurance system financed jointly by employers and employees through payroll deduction. Every person is covered. Doctors and hospitals are private operators. Although there are many payers to this model, costs tend to be regulated by the government. Germany, France, Belgium, the Netherlands, Japan, Switzerland, and some Latin American are countries that use this model.

The National Health Insurance Model

This system has elements of both Beveridge and Bismarck models. It uses private-sector providers, but payment comes from a government-run insurance program that every citizen pays into. Costs are considered low because there are no profits, no advertising, and claims are pre-approved. It is a single payer system and as a monopolist it is in a position to negotiate for the lowest prices. This system also has the ability to limit the medical services it will pay for, such as preventive care or what is considered elective procedures. Canada, Taiwan, and South Korea are countries using this model. For Americans over the age of 65, Medicare is similar to this model.

Health insurance is mostly a benefit for industrialized countries. Of the 195 countries on planet Earth, about 40 or 25% have established health care systems. In countries using this model, the poor are neglected.  This is a problem for hundreds of millions of people who have low incomes or are living below the poverty line.

In 2023, the offi­cial pover­ty thresh­old in the United States was $30,900 for a fam­i­ly of two adults and two chil­dren. Fam­i­lies can earn well over this amount and still find they cannot pay all of their bills.

Poverty is relative.  Someone in your class, school, community, etc. will be in the bottom 25% of income earners. An individual earning an hourly wage of $20.00 an hour who works for 35 hours a week earns $700 a week or $36,400 a year. This total is reduced by state and federal taxes and a 7.65% tax on Medicare and Social Security. Although $20 an hour is higher than the minimum wage in every state, it is not considered a living wage.

About one in sev­en (14%) of children under age 16 are in pover­ty in the United States.  This means that about 10 mil­lion kids in 2023 were liv­ing in house­holds that did not have enough resources for basic needs such as food, hous­ing and utilities.  The poverty rate in New Jersey is 10% of the population or about 950,000.  See the SPM child pover­ty rate in your state   The high­est rates of pover­ty gen­er­al­ly occur for the youngest chil­dren — under age 5 — kids in sin­gle-moth­er fam­i­lies, chil­dren of col­or and kids in immi­grant families. The numbers of children and adults living in poverty are increasing and they are a serious problem. The effects of living in poverty are the concern of your discussion as is the most effective way to reduce or eliminate it.

The effects of eco­nom­ic hard­ship dis­rupt the cog­ni­tive devel­op­ment, phys­i­cal and men­tal health, edu­ca­tion­al suc­cess of children. Researchers esti­mate the total U.S. cost of child pover­ty ranges from $500 bil­lion to $1 tril­lion per year based on lost pro­duc­tiv­i­ty and increased health care expenses.

In the United Kingdom, the poverty rate for children is 31% or double the rate in the United States. There is no single, universally accepted definition of poverty for the world.  The United States identifies an income level for family categories and the United Kingdom uses a measure of disposable income (after taxes) below 60% of the median income (income of the largest group in the population) on an annual basis.

For example, the median income in the United States is $40,000. If we used this formula, the poverty level would be $24,000 (after taxes). If we consider a 20% federal tax, 8% FICA and Medicare tax, and a 5% state tax for a person employed in New Jersey making $40,000, their disposable income would be approximately $27,000 or similar to the measure used in the United Kingdom.  If you consider the cost of rent at $2,000 a month, transportation costs at $200 a month, and food at $500 a month for a family or individual in New Jersey, these expenses are $2,700 a month or $32,400 a year. An income threshold of $30,000 a month is not practical.

Dr. Francis Townsend, a medical doctor living in Long Beach, California, introduced a plan in 1933 to provide direct payments to people over the age of 60. The money would be raised through a national sales tax, which in some countries is labeled a Value Added Tax of VAT.

“It is estimated that the population of the age of 60 and above in the United States is somewhere between nine and twelve millions. I suggest that the national government retire all who reach that age on a monthly pension of $200 a month or more, on condition that they spend the money as they get it. This will ensure an even distribution throughout the nation of two or three billions of fresh money each month. Thereby assuring a healthy and brisk state of business, comparable to that we enjoyed during war times.

“Where is the money to come from? More taxes?” Certainly. We have nothing in this world we do not pay taxes to enjoy. But do not overlook the fact that we are already paying a large proportion of the amount required for these pensions in the form of life insurance policies, poor farms, aid societies, insane asylums and prisons. The inmates of the last two mentioned institutions would undoubtedly be greatly lessened when it once became assured that old age meant security from want and care. A sales tax sufficiently high to insure the pensions at a figure adequate to maintain the business of the country in a healthy condition would be the easiest tax in the world to collect, for all would realize that the tax was a provision for their own future, as well as the assurance of good business now.”

Dr. Townsend’s plan became popular with the people and became known as The Townsend Movement.  Although it was criticized by President Franklin Roosevelt, the Social Security Administration is similar to what Dr. Townsend proposed.  He published a newsletter, The Modern Crusader, to promote his plan. The Social Security plan is funded by a tax on incomes because the burden is shared proportionately by different income levels. 

Welfare, unemployment compensation, Medicaid, Medicare, and Social Security are payments to United States’ citizens that are currently being discussed and evaluated. The average monthly payment is slightly less than $2,000. These are direct payments to people from the government, which also benefit local communities as the money is spent on food, housing, and basic needs, and provides a safeguard against bankruptcy and financial hardship. They may also increase the federal debt of a country in times of high unemployment or a pandemic.

Policy makers and economists must also consider public policies regarding the poor and senior citizens. The discussion questions below address the question of poverty for the young, disabled, and elderly and how to finance them.

  1. Do governments have a responsibility to provide financial assistance or a guaranteed living wage to individuals or families with inadequate finances for basic needs?
  2. Are direct income payments a burden on a government or do they provide an efficient return on their investment over time?
  3. Is the question of how to reduce or prevent poverty a matter of taxation or a a matter relating to the priorities of the federal budget?
  4. When people with mortgages apply the cost of interest as a deduction on their income tax, should this be considered an income transfer policy of the government providing assistance to people who are able to own property or their own home?
  5. Should income transfers be made in cash or in-kind benefits such as food stamps, vouchers for health care, etc.?
  6. Should the government regulate the consumption expenses of people receiving income transfers?
  7. Should income transfers be financed by income taxes, consumption taxes, or another method?

https://www.ssa.gov/history/towns5.html (The Townsend Plan)

https://www.ssa.gov/history/towns8.html (Francis Townsend’s Autobiography)

https://socialwelfare.library.vcu.edu/eras/great-depression/townsend-dr-francis/ (Social Welfare History Project)

https://lordslibrary.parliament.uk/child-poverty-statistics-causes-and-the-uks-policy-response/#heading-2 (House of Lords Library)

Civics Era 9 The Great Depression and World War II (1929–1945)

www.njcss.org

The relationship between the individual and the state is present in every country, society, and civilization. Relevant questions about individual liberty, civic engagement, government authority, equality and justice, and protection are important for every demographic group in the population.  In your teaching of World History, consider the examples and questions provided below that should be familiar to students in the history of the United States with application to the experiences of others around the world.

These civic activities are designed to present civics in a global context as civic education happens in every country.  The design is flexible regarding using one of the activities, allowing students to explore multiple activities in groups, and as a lesson for a substitute teacher. The lessons are free, although a donation to the New Jersey Council for the Social Studies is greatly appreciated. www.njcss.org

The Great Depression brought about significant changes in the regulatory power of the federal government of the United States. The reforms of the New Deal were to stabilize the capitalistic economics system of the United States and they also imposed a mild form of welfare state capitalism that was prevalent in European countries. As a result, this era provides students with several opportunities to test their analytical skills regarding presidential power, the effectiveness of a democracy in addressing a major crisis, and the effect of the reforms of the New Deal on racial minorities, women, children and other groups.

The Constitution does not stipulate the number of Supreme Court Justices; the number is set by Congress. There have been as few as six, but since 1869 there have been nine Justices, including one Chief Justice. All Justices are nominated by the President, confirmed by the Senate, and hold their offices under life tenure. Justices may remain in office until they resign, pass away, or are impeached and convicted by Congress.

After winning a landslide election in 1936, President Franklin D. Roosevelt introduced the Judicial Procedures Reform Act which would allow the president to nominate an additional judge to the Court for every sitting judge who had served at least ten years and reached the age of 70. The initial reason that was explained by President Roosevelt was that the aging justices could not keep up with their caseload. Roosevelt changed his reasoning when this argument appeared flawed because the additional judges would likely increase deliberations and delay the time to make a decision. The new argument that the appointed justices did not reflect the will of the people at a time when the United States faced unprecedented economic problems was explained to the people in a Fireside Chat.

President Roosevelt continued to advocate for the Judicial Procedures Reform Act until the Senate voted 70-20 to send the bill back to committee in July, 1937. It was never passed.

The individual states determine the number of judges on their state supreme courts. The number varies between five and nine justices. The Supreme Court of New Jersey has seven judges.

The Supreme Court is the highest Court in the administration of justice in Ghana.

The Court is presided over by the Chief Justice and in his absence the most senior of the Justices of the Supreme Court, as constituted shall preside. Judges who sit in the Supreme Court are referred to as Justices of the Supreme Court.

The Supreme Court consists of the Chief Justice and not less than nine Justices. It has exclusive original jurisdiction in all matters relating to the enforcement or interpretation of the 1992 Constitution. It also has supervisory jurisdiction over all the Courts in Ghana. It is located only at the Headquarters in Accra.

  1. In the United States, should the final decision on legislation be made by non-elected judges on the U.S. Supreme Court?
  2.  If the United States Congress was to reform the U.S. Supreme Court, what changes would you recommend they consider?
  3. Does the Tenth Amendment best serve the interests of representative democracy by allowing the individual states to make decision on issues not specifically delegated to Congress or is popular sovereignty served through the popular vote of the election of congressional representatives and senators?
  4. Do you prefer the structure of the Supreme Court in Ghana, which establishes a minimum number of judges, to be a better plan for decision making than how the United States structures its Supreme Court?
  5. Can Ghana prevent a president from adding judges with a similar political philosophy?

National Constitution Center

Information on State Supreme Courts

The Structure and Jurisdiction of the Courts of Ghana

To Cap or Not Cap the Justices on the Supreme Court of Ghana

The right of parents to take advantage of the productive capacity of their children was long recognized both in the United States and abroad. The perceived value of the child can be viewed through how the legal system treated the wrongful death of a child and the damages the parents could hope to recover. Courts of that period usually found that the proper amount due was “the probable value of the services of the deceased from the time of his death to the time he would have attained his majority, less the expense of his maintenance during the same time.” The courts recognized that the parent naturally benefited from the productive labors of his child until the child reached the age of majority.

The wages the child earned served the common purpose of supporting the family. The wages of a child generally became the property of the parents and often were the key to survival for many working-class families. Rather than the wife being the secondary wage earner, as became the case in the 1970s, for many families the child performed this role in American history.

Today, states have moved to extending working hours for children, eliminate work permit requirements and lower the age for teens to handle alcohol or work in hazardous industries. At the same time, there has been a 69% increase in children employed illegally by companies since 2018, according to the U.S. Department of Labor.” Source 

New Jersey: 34:2-21.2. Minors under 16 not to be employed; exceptions; nonresidents.

“No minor under 16 years of age shall be employed, permitted, or suffered to work in, about, or in connection with any gainful occupation at any time; provided, that minors between 14 and 16 years of age may be employed, permitted or suffered to work outside school hours and during school vacations but not in or for a factory or in any occupation otherwise prohibited by law or by order or regulation made in pursuance of law; and provided, further, that minors under 16 years of age may engage in professional employment in theatrical productions upon the obtaining of a permit therefor and may engage outside school hours and during school vacations in agricultural pursuits or in street trades and as newspaper boys as defined in this act, in accordance with the provisions of section 15 of this act.”

Except as to the employment of a minor for whom a theatrical employment permit has been issued, no minor under 16 years of age not a resident of this State shall be employed, permitted or suffered to work in any occupation or service whatsoever at any time during which the law of the state of his residence required his attendance at school, or at any time during the hours when the public schools in the district in which employment in such occupation or services may be available are in session.

NLS data show that 52 percent of 12- and 13-year-olds in its 1997 cohort had paid work experience. The work performed at these ages was found to be freelance in nature. Babysitting and yardwork accounted for more than 70 percent of the work they performed.  For 14- and 15-year-olds, the dominant form of work remains freelancing. When children do work, it is most commonly when school is out of session. Children have largely shifted to the service industries.

Due to security issues in both Mali and Burkina Faso, Côte d’Ivoire has an estimated 13,214 refugees (2,489 households), of which an estimated 59 percent are children. Children are also brought to Côte d’Ivoire from those countries for commercial sexual exploitation and forced labor, including in begging, cocoa production, and mining. Children from Côte d’Ivoire are also subjected to human trafficking for forced labor in domestic work within the country and North Africa. Although the minimum age for a child to work is 16, this law lacks enforcement.

School is mandatory for children ages 6 to 16 in Côte d’Ivoire. Although the Law on Education provides for free education, students are often required to pay for textbooks and uniforms, which may be prohibitive to some families. A shortage of teachers, poor school infrastructure, lack of transportation systems in rural areas, and inadequate sanitation facilities have negatively impacted children’s ability to attend school.  Research also suggests that some students are physically and sexually abused at school, which may deter some students from attending school. Because of this, roughly one in four girls (25%) in Côte d’Ivoire are not able to attend primary school.

The UN Special Rapporteur, Tomoya Obokata, reported in November 2023 on the progress the government is making:

“I commend Côte d’Ivoire for its solid legal and institutional architecture on child labor and trafficking in persons. But the Government needs to do more to lift people, including in rural areas, out of poverty, promote the economic empowerment of women and ensure access to decent work, particularly for young people,” the expert said.

“Despite the efforts undertaken, I was informed that instances of child labor persist in various sectors of the economy including agriculture, domestic work, street vending and in artisanal gold mining. I am also concerned about the fate of girls who have either been trafficked from countries in the region for the purpose of sexual exploitation or who are subject to forced and early marriage in the country,” Obokata said.”

Questions:

  1. Should the state or federal government regulate child labor laws?
  2. Should the government have any authority over parental decisions regarding child labor?
  3. Should children be protected from working in unhealthy or dangerous occupations? (serving alcohol, casinos, nail salons, landscaping, etc.)

History of Child Labor in the United States (Part 1, Bureau of Labor Statistics)

History of Child Labor in the United States, (Part 2, Bureau of Labor Statistics)

Child Labor in America, 1920 (NPR)

The Unjust Cost of Child Labor (Roosevelt Institute)

Hammer v. Dagenhart (U.S. Supreme Court, 1918)

Child Labor and Forced Labor Reports in Côte d’Ivoire  (U.S. Department of Labor)

Child Labor Rises to 160 Million-First Increase in Two Decades (UNICEF)

The U.S. government influences private business through compulsory taxes by spending the tax revenues on public functions such as parks, roads and other infrastructure, schools, law enforcement, homeland security, and scientific research, as well as welfare and social insurance programs such as Social Security, Medicare, Medicaid, food stamps, and unemployment assistance. The federal government also issues and enforces standards ranging from environmental quality, to consumer protection, business and banking practices, nondiscrimination in employment, Internet privacy, and safety for food, drugs, manufactured products, and the places where people work.

Chinese tech giant ByteDance, in 2017, purchased the popular karaoke app Musical.ly and relaunched the service as TikTok. Since then, the app has been under the microscope of national security officials in Washington fearing possible influence by the Chinese government.

India began its regulatory reforms in the early 1990s, reducing state involvement through the privatization of companies, by putting in place independent regulatory mechanisms to boost competition and private-sector-led growth, and to strengthen consumer protection. But the reform efforts lacked coherence and have stalled. Even though the economy grew rapidly over the past decade, the slowing-down of reforms created an image of a country where doing business is difficult.

India lacks a modern regulatory governance regime. Based on the Constitution, all levels of government can regulate, including the Central Government and 29 state governments. Regulatory barriers to competition are high and rule-making in India is complex due to the different layers of government.

India needs to further strengthen the governance of state-owned enterprises, simplify regulations, and reduce administrative burdens on firms. India should develop and implement a regulatory governance system following international good practices such as regulatory impact assessment, public consultation, and administrative simplification. The creation of national Regulatory Commissions since 2005 was a positive move, but there is lack of accountability and consistency of the overall regulatory system.

Establishing a whole-of-government approach to regulation, using international best practice tools and systems such as regulatory impact assessments and public consultation, and building effective institutions for regulatory quality management, are key. In this sense, India needs to catch up with other emerging economies such as China, Mexico and Vietnam, which have already taken important steps in that direction, in line with the OECD’s 2012 Recommendation on Regulatory Policy and Governance.

In 2019, India passed a new Consumer Protection Act which streamlined all methods of exchanges relating to the purchase of merchandise and e-commerce. It also expanded the protections for deceptive trade practices and introduced product liability laws for the first time.

  1. Should governments encourage or restrict startup businesses?
  2. Is it possible for governments to regulate the safety of products manufactured and sold withing their country?
  3. Are government requirements for minimum wage, social security, safety, equal opportunity in hiring, necessary or should they be optional?

Examples of Government Regulation of Business in the United States

The Role of the U.S. Government in the Economy

Consumer Protection Act of 2019 in India

Consumer Handbook in India

OCED Regulatory Reform in India

The Roosevelt Corollary signaled an important shift in the economic and diplomatic policy of the United States in Latin America at the beginning of the 20th century. In its efforts to ensure that Latin and Central American governments repaid their debts, the United States also used its military power to protect its hegemony or interests. By doing this the Roosevelt Corollary also negatively affected our diplomatic relations with Europe and set a precedent for the foundation for the Fourteen Points after World War I.

There are different perspectives about the impact of the Roosevelt Corollary in policy regarding its history of imperialism, limitations on self-government, and the impact it had on the social order and culture in Latin and Central America.  The U.S. Constitution is silent on a president acting as the international policeman to correct wrong behaviors in another country. President Roosevelt changed the original interpretation of the Monroe Doctrine from keeping foreign powers out of the western Hemisphere to justifying America’s intervention in independent countries in Latin America.

This set a precedent for future presidents who sent American troops into Latin American countries eight times.

In the beginning of the 21st century, China expanded its naval power and influence in the Pacific and Indian Oceans. Since 2016, China has constructed naval ports in an around the Spratly Islands. China’s actions impinge in the maritime entitlements and legal claims of Malaysia, the Philippines, and Vietnam for fishing and oil exploration. The South China Sea may have billions of barrels of untapped oil and trillions of cubic feet of natural gas.

China should consider the economic cost of its investments in these small islands as the impact of rising sea levels is likely to limit their economy and increase their debt. Will the economic costs weaken instead of strengthening China in the future?  The security of Australia, Taiwan, and Japan is a concern as military support from the United States may be limited by China’s presence in this area. The distance from the United States to Japan, Taiwan, and Australia is much further than it is for its rivals of North Korea, Russia, and China.

The novel legal argument is that under the Belt and Road Initiative, China is providing economic assistance to these small island in exchange for a ‘good neighbor’ policy with Beijing.

  1. Does the Roosevelt Corollary set a precedent for giving the president of the United States too much authority in foreign affairs?
  2. How should situations of violations of international laws regarding financial matters and human rights be addressed in the 21st century?
  3. Is China’s policy of expanding its military and economic influence into the South China Sea a violation of the UN’s Law of the Sea?

President Theodore Roosevelt’s State of the Union Address: The Roosevelt Corollary (1904)

How Theodore Roosevelt Changed the Way America Operated in the World

Council of Foreign Relations Perspective on the Roosevelt Corollary to the Monroe Doctrine

Book Review: The Leadership Journey: How Four Kids Became President

I decided to read this book after listening to Doris Kearns Goodwin speak about this on television following the inauguration of President Donald Trump. After reading the first few pages, I decided to write a review of this book as it should be ‘required’ reading for every social studies teacher, student, parent, and grandparent.

One reason for encouraging teachers, pre-service teachers. students, parents, and grandparents to read this book is in the truisms that are embedded in the stories about each president. For example, in introducing Abraham Lincoln’s decision to enter politics as a Whig candidate, these few sentences should engage young minds in reflective thinking:

As a teacher, I would discuss with my class, why did Lincoln join the new Whig Party and not the popular Democratic Party? Why did he announce his decision to run for the assembly in a pamphlet compared to a letter, newspaper, or verbal announcement? How does Lincoln understand public service?

As a parent or grandparent, I would discuss the political parties we have today and what they stand for. How do candidates in our community or state get elected and announce their decision to run for office? Is it possible for elected representatives to represent the interests and needs of the majority in their community or is it best for them to advance their own beliefs on the issues or vote for the position of their political party?

The reading level of The Leadership Journey: How Four Kids Became President is for middle school students. Each chapter is just a few pages and should take a middle school student about 20-30 minutes to read and comprehend. This book is a valuable resource for a student research assignment, teaching about the reliability of sources, civics, an afterschool history club such as Rho Kappa or Phi Alpha Theta, a summer reading list activity, or a Saturday Seminar roundtable discussion. The applications of this book are unlimited.

One of the hidden gems in the life of Lincoln is with his learning style, character, persistence, and ability to handle disappointments. These examples are often only a few sentences, but they are prompts to initiate discussion and empathy between students in your class. For example, “The key to Lincoln’s success as a lawyer was his ability to break down the most complex case or issue ‘into its simplest elements.’ He never lost a jury by fumbling or reading from a prepared argument, relying instead ‘on his well-trained memory. (Page 47)

Another example that I found interesting was the evolution of how President Lincoln’s views changed about the emancipation of enslaved persons by listening to others.

The second president in Doris Kearns Goodwin’s book is Theodore Roosevelt. There are multiple connections for students in the leadership journey of Teddy Roosevelt. These include living with a disability, coping with personal loss, understanding the issues, the importance of integrity, and the challenges and opportunities of the experiences in one’s life.

Although born into a family with wealth, as a child he faced frightening attacks of bronchial asthma. His childhood and teenage years were limited. By age 10, he had opportunities to be home schooled, enjoy summer vacations on Long Island, and travel to Africa, Europe, and the Middle East. However, participating in activities was limited because of his health.

The lesson of how Teddy Roosevelt voted in the New York State Assembly, especially on the bill to stop the manufacture of cigars in tenement houses is one that will likely engage students in a thoughtful discussion or debate about how elected officials represent constituents today. Roosevelt opposed all government supervision and regulations regarding limiting the hours worked, a minimum wage, or prices. Samuel Gompers invited him to visit the places where the cigars were made.

On February 14, 1884, Valentine’s Day, Teddy Roosevelt place a large X in his diary followed by the words “The light has gone out of my life.”  His mother, Mittie, and his wife, Alice Hathaway Lee, died. He was 25 years old and had been married for less than four years.

These are stories students relate to. They encourage discussions about loss, grief, empathy, confusion, resilience, and life. The leaders Doris Kearns Goodwin writes about are very human and their experiences in life are similar to those of many young adults. Abraham Lincoln also lost his mother and fiancé and his son, Willie, died at age 11 in the White House.

Three examples from the book that should interest middle and high school students are Teddy Roosevelt’s use of the Executive Order renaming the Executive Mansion to the White House in 1901, his daily schedule, and a bizarre episode running naked in Rock Creek Park. Source

The information on the Spanish American War in 1898, settling the coal strike in 1902, nine-week train trip around the United States in 1903, are also presented in a descriptive narrative that will interest students with events in the social studies curriculum.

Although most middle school students do not study Franklin Delano Roosevelt as part of U.S. History, this chapter will engage high school students. The importance of reading is to ignite inquiry through questions and thinking about the historical era, the individual, and American government.

Franklin was born into a wealthy family with a large estate about 90 miles north of New York City, where they also had a home on 65th Street near Fifth Avenue and Central Park.

The chapters about Roosevelt are powerful and insightful because they are filled with stories about his character. While most readers will find value and insights into his youth, college years, marriage and positions in the state legislature and federal government, the chapter on his perseverance regarding his paralysis from polio is unusually compelling. Here is an example of how FDR faced the news of his permanent disability as a 39-year-old man with a promising future:

In another chapter Doris Kearns Goodwin portrays FDR’s trait of courage.  His courage was both political courage as he risked everything to hide his disability of crippled legs and physical courage.  He was fortunate to have the friendship and guidance of Louis Howe, Sam Rosenman, Frances Perkins, and his wife, Eleanor. Here is an example of how Franklin handled every situation with grace, humor, and strength: (This is six years after he was infected by the polio virus, 1928)

These two excerpts are only an introduction to what is revealed in his campaign for governor, acceptance speech in Chicago as the Democratic Party candidate for president, his inauguration speech at the Capitol, and his leadership as president. Facts and historical examples are important, but FDR’s personality traits will likely have a lasting impact on students.

Although many students are likely less familiar with the presidency of Lyndon B. Johnson than the presidency of Lincoln, T.R. or F.D.R., they will identify with his character, commitment to civic engagement, and experience as a teacher. As a young child, he moved from a small cabin in a rural area to Johnson City. For various reasons, Lyndon’s activities changed, and he became interested in the activities of his father who was a member of the state legislature in Texas.

Lyndon’s Johnson’s role as a teacher and school principal reveals his work ethic and characteristic as a caring and dedicated public servant.

He was also the debate coach at Sam Houston High School. He coached the debate team through city, district and state tournaments.

“Johnson appeared to his students ‘a human dynamo,’ a steam engine in pants,’ driven by a work ethic and unlimited enthusiasm that proved contagious.” (Page 269)

I enjoyed reading about how he used his social capital in Washington to advance his goals. Lady Bird and Lyndon moved to Washington where he was the chief of staff to a Texas congressman. He became friends with Sam Rayburn who lived alone and invited him to dinner in his home with his wife, Lady Bird. Through this connection, Lyndon became the director of the National Youth Administration in Texas. When his congressman James Buchanan passed away unexpectedly, Johnson campaigned for his seat. Two days before the election he had emergency surgery to remove his appendix. He won, likely on a promise to bring electricity to the farmers in his area of Texas.

Johnson’s personality traits of empathy, enthusiasm, perseverance, and ‘grit’ are important for students to understand, apply to their own experiences, and engage in discussion with their peers. He lost his bid for re-election by 1,311 votes and a few years later won his election as senator by only 87 votes. As a senator, he was the youngest majority leader in the history of the Senate at age 46 and was considered as a presidential candidate for the 1956 election. Then, suddenly everything changed when he had a devasting heart attack. This event transformed his life and behavior.  A lesson about the trait of resiliency.

If a teacher elected to use the resource of this book for just one day, perhaps the most compelling pages are found on pages 317-328. His passion, legislative skill, and personal conviction are important for every student to understand. It is also important for students to understand the long struggle to pass and implement civil rights laws. In our classrooms, the lessons of Freedom Riders, marches, boycotts, and the emotional scars of segregation are too often taught passively through slide presentations and vocabulary terms. Doris Kearns Goodwin captures some of the emotion that led to the Civil Rights Act of 1964 and the Voting Rights Act of 1965. Everyone should read Chapter 24.

“Like a tailor stitching a custom suit, Johnson took measure of Dirksen.  A decade of working together had taught Johnson that Dirksen had no hesitation asking for ‘a laundry list’ of favors in return for his support on legislation.  But this time, Johnson offered Dirksen something far more important than perks and favors; he appealed to Dirksen’s hunger to be remembered, honored. ‘I saw your exhibit at the World’s Fair, and it said, ‘The Land of Lincoln,’ Johnson pointed out. And the man from Lincoln is going to pass this bill and I’m going to see that he gets proper credit. With a gift for flattery equal to Dirksen’s vanity, he assured the senator ‘if you come with me on this bill, two hundred years from now there’ll be only two people they’ll remember from the state of Illinois: Abraham Lincoln and Everett Dirksen!” (Page 321)

I found value in the leadership journey of these four presidents. Although my review focuses on students and teachers, adults will also enjoy reading what Doris Kearns Goodwin has written. In the closing pages, Doris Kearns Goodwin describes a dinner meeting with her “guys.’  What an opportunity to discuss the historical context of 100 years of American history, the goals of the Declaration of Independence, how each president mastered the communication platforms of newspapers, stories, radio, and television. Perhaps the most significant question is what makes a good leader and a good president? What a nice segway to understanding empathy!

Visit the resources of the Miller Center at the University of Virginia to learn about the American presidents.

Era 9 The Great Depression and World War 2

The relationship between the individual and the state is present in every country, society, and civilization. Relevant questions about individual liberty, civic engagement, government authority, equality and justice, and protection are important for every demographic group in the population.  In your teaching of World History, consider the examples and questions provided below that should be familiar to students in the history of the United States with application to the experiences of others around the world.

These civic activities are designed to present civics in a global context as civic education happens in every country.  The design is flexible regarding using one of the activities, allowing students to explore multiple activities in groups, and as a lesson for a substitute teacher. The lessons are free, although a donation to the New Jersey Council for the Social Studies is greatly appreciated. www.njcss.org

See the source image

The Great Depression brought about significant changes in the regulatory power of the federal government of the United States. The reforms of the New Deal were to stabilize the capitalistic economics system of the United States and they also imposed a mild form of welfare state capitalism that was prevalent in European countries. As a result, this era provides students with several opportunities to test their analytical skills regarding presidential power, the effectiveness of a democracy in addressing a major crisis, and the effect of the reforms of the New Deal on racial minorities, women, children and other groups.

The Constitution does not stipulate the number of Supreme Court Justices; the number is set by Congress. There have been as few as six, but since 1869 there have been nine Justices, including one Chief Justice. All Justices are nominated by the President, confirmed by the Senate, and hold their offices under life tenure. Justices may remain in office until they resign, pass away, or are impeached and convicted by Congress.

After winning a landslide election in 1936, President Franklin D. Roosevelt introduced the Judicial Procedures Reform Act which would allow the president to nominate an additional judge to the Court for every sitting judge who had served at least ten years and reached the age of 70. The initial reason that was explained by President Roosevelt was that the aging justices could not keep up with their caseload. Roosevelt changed his reasoning when this argument appeared flawed because the additional judges would likely increase deliberations and delay the time to make a decision. The new argument that the appointed justices did not reflect the will of the people at a time when the United States faced unprecedented economic problems was explained to the people in a Fireside Chat.

President Roosevelt continued to advocate for the Judicial Procedures Reform Act until the Senate voted 70-20 to send the bill back to committee in July, 1937. It was never passed.

The individual states determine the number of judges on their state supreme courts. The number varies between five and nine justices. The Supreme Court of New Jersey has seven judges.

The Supreme Court of Ghana

The Supreme Court is the highest Court in the administration of justice in Ghana.

The Court is presided over by the Chief Justice and in his absence the most senior of the Justices of the Supreme Court, as constituted shall preside. Judges who sit in the Supreme Court are referred to as Justices of the Supreme Court.

The Supreme Court consists of the Chief Justice and not less than nine Justices. It has exclusive original jurisdiction in all matters relating to the enforcement or interpretation of the 1992 Constitution. It also has supervisory jurisdiction over all the Courts in Ghana. It is located only at the Headquarters in Accra.

Questions:

  1. In the United States, should the final decision on legislation be made by non-elected judges on the U.S. Supreme Court?
  2.  If the United States Congress was to reform the U.S. Supreme Court, what changes would you recommend they consider?
  3. Does the Tenth Amendment best serve the interests of representative democracy by allowing the individual states to make decision on issues not specifically delegated to Congress or is popular sovereignty served through the popular vote of the election of congressional representatives and senators?
  4. Do you prefer the structure of the Supreme Court in Ghana, which establishes a minimum number of judges, to be a better plan for decision making than how the United States structures its Supreme Court?
  5. Can Ghana prevent a president from adding judges with a similar political philosophy?

National Constitution Center

Information on State Supreme Courts

The Structure and Jurisdiction of the Courts of Ghana

To Cap or Not Cap the Justices on the Supreme Court of Ghana

The right of parents to take advantage of the productive capacity of their children was long recognized both in the United States and abroad. The perceived value of the child can be viewed through how the legal system treated the wrongful death of a child and the damages the parents could hope to recover. Courts of that period usually found that the proper amount due was “the probable value of the services of the deceased from the time of his death to the time he would have attained his majority, less the expense of his maintenance during the same time.” The courts recognized that the parent naturally benefited from the productive labors of his child until the child reached the age of majority.

The wages the child earned served the common purpose of supporting the family. The wages of a child generally became the property of the parents and often were the key to survival for many working-class families. Rather than the wife being the secondary wage earner, as became the case in the 1970s, for many families the child performed this role in American history.

Today, states have moved to extending working hours for children, eliminate work permit requirements and lower the age for teens to handle alcohol or work in hazardous industries. At the same time, there has been a 69% increase in children employed illegally by companies since 2018, according to the U.S. Department of Labor.” Source 

New Jersey: 34:2-21.2. Minors under 16 not to be employed; exceptions; nonresidents.

“No minor under 16 years of age shall be employed, permitted, or suffered to work in, about, or in connection with any gainful occupation at any time; provided, that minors between 14 and 16 years of age may be employed, permitted or suffered to work outside school hours and during school vacations but not in or for a factory or in any occupation otherwise prohibited by law or by order or regulation made in pursuance of law; and provided, further, that minors under 16 years of age may engage in professional employment in theatrical productions upon the obtaining of a permit therefor and may engage outside school hours and during school vacations in agricultural pursuits or in street trades and as newspaper boys as defined in this act, in accordance with the provisions of section 15 of this act.”

Except as to the employment of a minor for whom a theatrical employment permit has been issued, no minor under 16 years of age not a resident of this State shall be employed, permitted or suffered to work in any occupation or service whatsoever at any time during which the law of the state of his residence required his attendance at school, or at any time during the hours when the public schools in the district in which employment in such occupation or services may be available are in session.

NLS data show that 52 percent of 12- and 13-year-olds in its 1997 cohort had paid work experience. The work performed at these ages was found to be freelance in nature. Babysitting and yardwork accounted for more than 70 percent of the work they performed.  For 14- and 15-year-olds, the dominant form of work remains freelancing. When children do work, it is most commonly when school is out of session. Children have largely shifted to the service industries.

Child Labor in Côte d’Ivoire

Due to security issues in both Mali and Burkina Faso, Côte d’Ivoire has an estimated 13,214 refugees (2,489 households), of which an estimated 59 percent are children. Children are also brought to Côte d’Ivoire from those countries for commercial sexual exploitation and forced labor, including in begging, cocoa production, and mining. Children from Côte d’Ivoire are also subjected to human trafficking for forced labor in domestic work within the country and North Africa. Although the minimum age for a child to work is 16, this law lacks enforcement.

School is mandatory for children ages 6 to 16 in Côte d’Ivoire. Although the Law on Education provides for free education, students are often required to pay for textbooks and uniforms, which may be prohibitive to some families. A shortage of teachers, poor school infrastructure, lack of transportation systems in rural areas, and inadequate sanitation facilities have negatively impacted children’s ability to attend school.  Research also suggests that some students are physically and sexually abused at school, which may deter some students from attending school. Because of this, roughly one in four girls (25%) in Côte d’Ivoire are not able to attend primary school.

The UN Special Rapporteur, Tomoya Obokata, reported in November 2023 on the progress the government is making:

“I commend Côte d’Ivoire for its solid legal and institutional architecture on child labor and trafficking in persons. But the Government needs to do more to lift people, including in rural areas, out of poverty, promote the economic empowerment of women and ensure access to decent work, particularly for young people,” the expert said.

“Despite the efforts undertaken, I was informed that instances of child labor persist in various sectors of the economy including agriculture, domestic work, street vending and in artisanal gold mining. I am also concerned about the fate of girls who have either been trafficked from countries in the region for the purpose of sexual exploitation or who are subject to forced and early marriage in the country,” Obokata said.”

Questions:

  1. Should the state or federal government regulate child labor laws?
  2. Should the government have any authority over parental decisions regarding child labor?
  3. Should children be protected from working in unhealthy or dangerous occupations? (serving alcohol, casinos, nail salons, landscaping, etc.)

History of Child Labor in the United States (Part 1, Bureau of Labor Statistics)

History of Child Labor in the United States, (Part 2, Bureau of Labor Statistics)

Child Labor in America, 1920 (NPR)

The Unjust Cost of Child Labor (Roosevelt Institute)

Hammer v. Dagenhart (U.S. Supreme Court, 1918)

Child Labor and Forced Labor Reports in Côte d’Ivoire  (U.S. Department of Labor)

Child Labor Rises to 160 Million-First Increase in Two Decades (UNICEF)

The U.S. government influences private business through compulsory taxes by spending the tax revenues on public functions such as parks, roads and other infrastructure, schools, law enforcement, homeland security, and scientific research, as well as welfare and social insurance programs such as Social Security, Medicare, Medicaid, food stamps, and unemployment assistance. The federal government also issues and enforces standards ranging from environmental quality, to consumer protection, business and banking practices, nondiscrimination in employment, Internet privacy, and safety for food, drugs, manufactured products, and the places where people work.

Chinese tech giant ByteDance, in 2017, purchased the popular karaoke app Musical.ly and relaunched the service as TikTok. Since then, the app has been under the microscope of national security officials in Washington fearing possible influence by the Chinese government.

Government Regulation of Private Enterprise in India

India began its regulatory reforms in the early 1990s, reducing state involvement through the privatization of companies, by putting in place independent regulatory mechanisms to boost competition and private-sector-led growth, and to strengthen consumer protection. But the reform efforts lacked coherence and have stalled. Even though the economy grew rapidly over the past decade, the slowing-down of reforms created an image of a country where doing business is difficult.

India lacks a modern regulatory governance regime. Based on the Constitution, all levels of government can regulate, including the Central Government and 29 state governments. Regulatory barriers to competition are high and rule-making in India is complex due to the different layers of government.

India needs to further strengthen the governance of state-owned enterprises, simplify regulations, and reduce administrative burdens on firms. India should develop and implement a regulatory governance system following international good practices such as regulatory impact assessment, public consultation, and administrative simplification. The creation of national Regulatory Commissions since 2005 was a positive move, but there is lack of accountability and consistency of the overall regulatory system.

Establishing a whole-of-government approach to regulation, using international best practice tools and systems such as regulatory impact assessments and public consultation, and building effective institutions for regulatory quality management, are key. In this sense, India needs to catch up with other emerging economies such as China, Mexico and Vietnam, which have already taken important steps in that direction, in line with the OECD’s 2012 Recommendation on Regulatory Policy and Governance.

In 2019, India passed a new Consumer Protection Act which streamlined all methods of exchanges relating to the purchase of merchandise and e-commerce. It also expanded the protections for deceptive trade practices and introduced product liability laws for the first time.

Questions:

  1. Should governments encourage or restrict startup businesses?
  2. Is it possible for governments to regulate the safety of products manufactured and sold withing their country?
  3. Are government requirements for minimum wage, social security, safety, equal opportunity in hiring, necessary or should they be optional?

Examples of Government Regulation of Business in the United States

The Role of the U.S. Government in the Economy

Consumer Protection Act of 2019 in India

Consumer Handbook in India

OCED Regulatory Reform in India

The Roosevelt Corollary signaled an important shift in the economic and diplomatic policy of the United States in Latin America at the beginning of the 20th century. In its efforts to ensure that Latin and Central American governments repaid their debts, the United States also used its military power to protect its hegemony or interests. By doing this the Roosevelt Corollary also negatively affected our diplomatic relations with Europe and set a precedent for the foundation for the Fourteen Points after World War I.

There are different perspectives about the impact of the Roosevelt Corollary in policy regarding its history of imperialism, limitations on self-government, and the impact it had on the social order and culture in Latin and Central America.  The U.S. Constitution is silent on a president acting as the international policeman to correct wrong behaviors in another country. President Roosevelt changed the original interpretation of the Monroe Doctrine from keeping foreign powers out of the western Hemisphere to justifying America’s intervention in independent countries in Latin America.

This set a precedent for future presidents who sent American troops into Latin American countries eight times.

China’s Hegemony in the South Pacific

In the beginning of the 21st century, China expanded its naval power and influence in the Pacific and Indian Oceans. Since 2016, China has constructed naval ports in an around the Spratly Islands. China’s actions impinge in the maritime entitlements and legal claims of Malaysia, the Philippines, and Vietnam for fishing and oil exploration. The South China Sea may have billions of barrels of untapped oil and trillions of cubic feet of natural gas.

China should consider the economic cost of its investments in these small islands as the impact of rising sea levels is likely to limit their economy and increase their debt. Will the economic costs weaken instead of strengthening China in the future?  The security of Australia, Taiwan, and Japan is a concern as military support from the United States may be limited by China’s presence in this area. The distance from the United States to Japan, Taiwan, and Australia is much further than it is for its rivals of North Korea, Russia, and China.

The novel legal argument is that under the Belt and Road Initiative, China is providing economic assistance to these small island in exchange for a ‘good neighbor’ policy with Beijing.

Questions:

  1. Does the Roosevelt Corollary set a precedent for giving the president of the United States too much authority in foreign affairs?
  2. How should situations of violations of international laws regarding financial matters and human rights be addressed in the 21st century?
  3. Is China’s policy of expanding its military and economic influence into the South China Sea a violation of the UN’s Law of the Sea?

President Theodore Roosevelt’s State of the Union Address: The Roosevelt Corollary (1904)

How Theodore Roosevelt Changed the Way America Operated in the World

Council of Foreign Relations Perspective on the Roosevelt Corollary to the Monroe Doctrine