Fair Is Fair


© Phil Carpenter

If you live in Arizona and are on welfare, you'd better behave yourself and play nice with the bureaucratic powers-that-be. Otherwise your odds of being "punished", that is, thrown off assistance, are precisely six in ten.

If, on the other hand, you reside in Oregon and fail to conform to the full requirements of welfare bureaucracy, your odds of being set adrift are only one out of a hundred. These statistics, taken from a recent article in the "New York Times," illustrate the absurdity and unfairness of mosaic state laws on issues fundamental to human survival with dignity.

Since federal passage of welfare reform in 1996, each state has been allowed to determine to what degree and severity it can pare its welfare rolls through "punishment" for infractions ranging from missing an appointment to failing to provide "complete information." In California, Iowa, and Illinois, nearly half of those no longer receiving benefits were guilty of such behavior. Conversely, only about one in ten in Nebraska and Maryland are similarly punished and in other states, namely Minnesota, Maine and North Dakota, a mere reduction in benefits is the bureaucratically adjudicated punishment.

Certain fundamentals of a civilized society perforce should be guaranteed, though not necessarily directly delivered, by the federal government: those essentials of decency including education, housing, nutrition, and health care. When individual states are allowed to legislate willy-nilly on these matters - at times reflecting pockets of ignorance and meanness - we do an injustice to the body politic. Being permitted to turn right on red in one state and not in another might be quirky, but hardly a violation of basic equal rights. Depriving a mother and her children of social guarantees in Austin but not in Portland, however, is nothing less than geographic & legislative arbitrariness and a violation of what should be equality under the law.

For years after its passage the demands of the 14th Amendment were applied from state to state at will, a legislative and judicial miscarriage now mostly forgotten. Today it is not easy to conjure up a United States in which "due process" applies as you're traveling through Maryland, but not California. In that notional country, traversing it safely would require careful map plotting along with a reading of appropriate state statutes.

Such an infringement would not be tolerated by an America disdainful and intolerant of state interference in equal application of the law. Why should a similar infringement be permitted on the less fortunate among us?

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Here's the follow-up discussion on this article: View all related messages

4.   Apr 15, 1999 9:49 AM
the question here is; what is the most effective safety net? How should it be administrated? What is the ultimate goal of a safety net?

My view is; the best welfare program is a good-pay ...


-- posted by not_him_again


3.   Apr 15, 1999 2:36 AM
You can accuse the "Liberal Left" of many things, but to claim that their concern for the well-being of the poorest members of society is a new thing is silly and damages your case.

If you want to ...


-- posted by JS_Mill


2.   Apr 15, 1999 2:09 AM
Welfare and "social guarantees" are not a basic right, and do not have standing as such.

I think it rather ironic, that the liberal left, whose leader has done so much damage through free trade to ...


-- posted by not_him_again


1.   Apr 13, 1999 4:33 AM
that this article is one of the best things I've read so far this year. thanks.

jsm


-- posted by JS_Mill





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