The Second Bill of Rights: FDR's Unfinished Revolution and Why We Need It More Than Ever

Although the focus of this book is the FDR era and his particular vision for an explicit extension of the rights of the common person, the topic is especially relevant today. The author lays out authoritatively both the historic rationale and significance of this vision, and its partial adoption in practice, as well as presenting an illuminating discussion of the meaning of Constitutional change. This is discussed theoretically, but also pragmatically and historically. Early on in the book, he presents a useful critique (and one that is especially relevant again today) of the myth of laissez-faire, but his focus on the under-recognized necessity of government in the development of private property, and its particular character and ownership patterns, could have been improved with more particular examples. Occasionally a little repetitious, this book nevertheless presents a cogent argument for reform today along the lines of FDR's second bill of rights' vision, and the many quotations from our "founding fathers" and others added to one's understanding of their Constitutional vision. Finally, I favor the author's pragmatic approach as to what are, or should be, a consensus view on citizen and human rights: rights are what is understood at the time to be the current wrongs that need to be redressed. Thus, the fact that some problems and issues may not be present in one era, is more likely to be responsible for their absence in discourse and documents of guiding principles of governance, and not because the leaders of that time necessarily thought such problems were out of government purview.

Professor Sunstein recovers FDR's 1944 State of the Union address from the dust bin of history. The speech makes a compelling case for the proposition that each of us has inherent economic rights; not just civil and political rights. Among these rights are a right to a useful and remunerative job, and the right to earn enough to provide adequate food, clothing, shelter, health care, and recreation. In part two of the book Sunstein however argues that these rights are not recognized in the Constitution. Rather they are "constitutive commitments," fundamental aspects of how we understand what America is about. In part three of the book he explains why it is that these now universally recognized human economic rights should not be considered Constitutional rights. Professor Richard Epstein of the University of Chicago Law School, a Fellow at the Hoover Institute, and a scholar of the Cato Institute argues in his book How Progressives Rewrote the Constitution, almost as a counter-point, that the Supreme Court wrongly embraced FDR's social-economic revolution. Reading these two together permits one to reflect on the role of the Supreme Court in effecting social change, the meaning and limits of the Constitution, and just what kind of a government the founders envisioned; and better understand the real stake in the debates about appointments to the Supreme Court. For good measure one might also read Sotorios Barber's Welfare and the Constitution, a compelling case that the Constitution authorizes, even requires positive government. In other words, the government is, in fairness to President Reagan, part of the problem; but at the same time it is also a necessary part of the solution.

The idea of the Second Bill of Rights appeared in the classic State of the Union address by Franklin Roosevelt in 1944, and is an underground current of American culture. It was also in part the inspiration for the Universal Declaration of Human Rights. That this speech, and the real FDR, is so little known tells us something of the times, but the birth of an idea foretells perhaps its future return. The powers that be don't wish that we realize the incomplete nature of our democracy, and the history of this speech mostly explains the apoplexy of the resurgent right wing. This book explores the history and legal background, and the way this second bill almost became a part of the American system in the 1960's. Everything was in place, and then the election of Nixon stopped the momentum as four new conservative judges were placed on the Supreme Court. The conservative tide after that is the story of our generation and the incoherence, reactionary destruction, and inequality it has spawned. An idea whose time has long since come, and whose second coming we can certainly hope and work for.

This was my fist Sunstein book but it won't be my last. Three chapters (2, 6 and 11) alone are worth the book's price. Sunstein's obvious constitutional experience and social acumen offers depth and insight into many social issues of the day. He caused me to critically understand the definition of "government" and "rights" better than ever. His analysis of Laissez-Faire economic philosophy is the most practical I've ever read. Although I was interested in the conditions for and results of the "New Deal", I was unaware of FDR's 2nd BOR probably I think, because few ever really gave it its proper emphasis and analysis. Sunstein filled in the missing pieces. His writing is well constructed, logical without becoming oppressive, and flowed nicely. It is a quick read. The book is more than a historical analysis. It challenged my understandings of the role today of government and the constitution. I've been studying these issues for several years now, so Sunstein accomplished what few others could. It was truly a fresh approach that makes me feel like I understand social issues and their complications better than ever. His treatment of FDR's Second Bill of Rights was fair and reasoned illustrating both sides of the argument. He thankfully made the discussion relevant to the issues of today and provided tools for me to use in discussions with others. I've added more of his titles to my wish list. You should too.

Franklin Roosevelt left this Earth with unfinished business. In the post-war era, he sought to acknowledge the need for social and economic rights. Although it is often referred to as the Second Bill of Rights, FDR did not intend to amend or change the Constitution. He sought to bring attention to basic human rights. Sunstein correctly asserts that progess was being made toward FDR's goals until Nixon was elected President. When Nixon appointed four conservative judges to the supreme court, the tide changed to rule against cases that sought greater social and economic rights. Among the issues discussed in the Second Bill of Rights are a right to a job, food and clothing, health care, fair business, education, and a decent home. Some will suggest FDR's ideas reeked of socialism. I think such a phobia is childish. All people depend on the government a great deal. Something as simple as property could not exist without a government. The wonders a correctly implemented government health care system would make life so much easier and of a greater quality. Why is the United States the richest country in the world, but also has the highest poverty rate of industrialized nations? This does not make sense! It is not a matter of redistributing resources as in communism. This would destroy a free market driven by profit, when FDR was a proponent of free market. The problem is the wealth concentrate in the rich coperations, monopolies, and other unfair business practices. FDR thought all Americans should live at a certain standard. FDR did not seek to change the system. As Sunstein clearly points out, most modern constitutions provide the rights FDR sought in 1944. While we have made a lot of progress toward FDR's goals, we have a long way to go. Sunstein has written an excellent book that explains what most thinking men and women already know, America still has a long way to go in completely providing life, liberty, and freedom.