Final 1st Semester Draft-Melissa Gutierrez

TANF: Denying single mother’s the opportunity to obtain Self-Sufficiency

The American welfare system is inefficient and not structured well. In particular, the most recent and drastic welfare reform, the 1996 PROWRA Act, and its provision which established the new rules and guidelines for federal welfare, Temporary Assistance for Needy Families, TANF, is failing recipients and the country. TANF fails us by denying welfare recipients the authentic opportunity to become self-sufficient. Through the implementation and structure of TANF, a flawed system of American welfare provision, single mothers are denied an opportunity for self-sufficiency. Recipients, who are predominantly single mothers, are denied the opportunity to become truly self-sufficient in two ways. First, the recipients are denied access to higher education or the opportunity to attend a higher educational institution. Second, the recipients are repeatedly and explicitly encouraged to become married by the government and the welfare system.

Upon the examination of the text of PROWRA, specifically the language of TANF, it is explicit that the government is denying recipients a genuine opportunity to obtain self-sufficiency by promoting marriage as well as through the denial of access to pursue a higher education. Both options foster dependency and do not allow the recipients to obtain the skills and training necessary to be competitive in the market place, hence TANF does not aid recipients in becoming economically independent. This denial of an opportunity for recipients to become self-sufficient members of society is problematic for many reasons. The most important being the fact that TANF contradicts its own mission statement. TANF states that is was created to assist families in obtaining self-sufficiency, this is in theory. In practice, through the grant of state power, eligibility criteria, sanction criteria, recipients loose the rights they had as citizens before entering the welfare system.

TANF states that is was created to assist families in obtaining self-sufficiency, this is in theory. In practice, through the grant of state power, eligibility criteria, sanction criteria, recipients loose the rights they had as citizens before entering the welfare system. The text of TANF is federal law, it dictates the lives of the recipients and denied rights once held by recipients, rights that were fought for and gained through the welfare rights movements of the 1960’s. Through the enactment of TANF, the federal entitlement to welfare that was created by FDR was abolished as well. Additionally, the states via the power granted to them by the federal government are allowed to deny the rights of citizens to recipients, such as reproductive freedom and vocational freedom, this means that TANF explicitly violates equal protection of the law.

TANF denies recipients equal opportunity, of equal citizenship, and equal protection of the laws. The government, through TANF, quasi-coerces recipients to positions of dependency: get married and become financially dependent on their husbands, and/or to become workers who are trapped into a low wage work force due to the denial of a higher education and/or adequate training that would have enhanced the recipients opportunity of self-sufficiency. The coercion of marriage and work is explicitly done to recipients in America; non-recipients do not get explicitly economically punished for choosing not to live society’s dominant ideal of the nuclear family structure. Recipients are denied equality through their treatment by the government versus non-recipients treatment by the government, meaning the loss of some of the recipient’s rights just by becoming recipients, they enter into sub-citizenship.

A Brief Historical Analysis of American welfare Policy: How We Got To TANF

Single motherhood, with the exception of widows, has been morally unacceptable and economically punishable since the beginning of the American welfare state. Later in the paper I will discuss this in greater length as I discuss “Mother’s pensions.” Stereotypes of moral preferences are exhibited in welfare legislation for numerous decades. Welfare had constantly violated the Constitutional liberties of recipients, Congress has attempted to legislate nuclear families as law, with economic sanction as punishment to those who do not conform to this social norm. A conservative coalition has launched attacks on welfare since its beginnings in 1935, and they won with the enactment of PRA by recruiting a bi-partisan coalition and stigmatizing public opinion of welfare recipients.

Conservative Coalitions and the Stigmatizing Framing of Recipients

The government, interests groups and businesses worked together and through a conservative movement and republican control of the government, to manipulate public opinion of the welfare system by the demonization of recipients through the portrayal of them as “welfare queens” and their “illegitimate children.” This is an example of an external preference, as Ronald Dworkin would note (I will discuss in great length later in the paper), that preference of the Republicans, being the nuclear family and work first, which manifested into bad policy, that is bad governing and I will illustrate why. Furthermore, this demonization of recipients creates a problem for mobilization due to the stigma created, and it also creates a barrier for people to truly understand the welfare system.

Stigmatization of the welfare system and its recipients shaped public opinion in American and eventually created bi-partisan support for welfare reform. Conservatives began this movement with the creation of the term “welfare queen” and since recipients have been labeled as “illegitimate families, lazy, promiscuous, immoral.” Furthermore, while the majority of recipients are white, Conservatives frame the attack on welfare as if most of the recipients are black or non-white. Granted, blacks and non-whites are disproportionately poor compared to their population size and the percentage of recipients is high versus their population sizes. However, this is due to lack of opportunity for advancement, lack of access to higher education. This stigmatization of the recipient oppresses the recipients due to the public opinion of the moral choices she made by reallocating funds that could help her to attempt to force her into dependency.

A Conservative group called the Heritage Foundation and how it influenced Bush’s policies on “reducing out of wedlock childbearing.”1 Reese discusses Charles Murray, who argues that “welfare should be abolished because it promotes unwed motherhood.”2 Wade Horn and Andrew Bush are also discussed, regarding their collaborated work, Father’s, Marriage, and Welfare Reform (2002), and how it urges that politicians stigmatize welfare and create policies which would give priority funding and bonuses to married couples. Religious ideology ultimately influenced and directed the concepts and values underlying the Conservative reformation of the American welfare system “Politicians emphasis on traditional ‘family values’ was linked to the rise of the Christian Right, which revitalized the Republican Party and shifted in rightward on social issues.”3

Federalism and American Welfare Policy

Upon examining the policy history of the American welfare system, the first issue is that welfare is a product of federalism, and TANF in particular grants the states more power over the structure of the system. Through TANF, the federal government gives the states the ability to impose moral based eligibility requirements. Restrictions placed on recipients by TANF are placed carefully in an implicit manner, because the government must respect the Constitution and cannot force labor of lifestyle (reproductive, relationship) demands on recipients explicitly. So the states and individual counties impose these morality based requirements which coerce recipients into certain personal relationships and jobs. For economic purposes, the effects of the “labor market,” and wages, welfare was turned from an “income maintenance program” to a “wage supplement.” This allows states to use eligibility criteria and sanctions in order to force women, through the enactment of TANF, into a low wage workforce and/or marriage and to attempt to control recipient fertility. Furthermore, TANF is partly funded by a federal block grant, and the federal government provides financial bonuses to states that lower recipient’s birth rates and abortion rates simultaneously by promoting abstinence and marriage.

Both the state and the federal government are denying recipients the full rights of citizenship hence are treating the recipients as sub-citizens. A historical analysis of eligibility and sanction criteria illustrates the government’s intrusion into the private lives and moral choices of recipients and their legal punishments through eligibility criteria and sanction criteria as well as through rules and regulations. Furthermore, the federal government granted the states the most freedom they’ve had with welfare since the New Deal through the enactment of TANF, allowing states to deny access to education, services, and healthcare.

Recipients are also denied equality amongst each other, through location of the recipient. There exists inequality between states; the rules in one state could not apply in the next. Family cap is an example of this, in some states, recipients are denied aid for additional children they bare while receiving assistance. In New York however, there is no family cap provision. There can even be differences within a given state, for example, the meager benefits one receives in NYC are nothing compared to the benefits a recipient in Westchester county receives. Sanctions and eligibility criteria punish single motherhood for the poor and force single mothers into a low wage workforce and denying them access to higher education. In essence, they are denying the option of single motherhood as economically feasible and legally protected.

Theoretical Framework: Using “External Preferences” to Analyze TANF Violation of Civil Rights

I am going to borrow terms from Ronald Dworkin’s writings, Liberalism and A Moral Reading of the Constitution, such as “external preferences,” “neutrality” and “the good life” to illustrate how the government has, through federalism, history, and the enactment of TANF, denied recipients the equal rights of citizenship and hence has violated their Constitutional rights. Furthermore, I will use Drowkin’s theories to explore how rights can be used as protection from the government’s legislated external preferences such as TANF. These welfare rights could be discovered in the Constitution by the court and upheld and protected. Furthermore, the Court can easily protect recipients through the equal protection clause, as I will illustrate.

In Liberalism, Dworkin argues there are defects in a “pure majoritarian process” that can be addressed by adding a “scheme of rights.” This scheme of rights ensures that individuals are “treated as equals” by the government.4 The government treats people as equals by acting “neutral to varying conceptions of the good life.”5 This in turn respects people’s “moral independence.” Additionally, the judicial branch plays an essential role in limiting majority rule through the use of judicial review and striking laws that violate the rights of individuals.

Dworkin is in favor of majoritarian democracy with rights which would limit and constrain ordinary law, Dworkin argues for the majoritarian process PLUS rights. In A Moral Reading, Dworkin distinguishes between the two types of laws produced by majoritarian rule: laws based on external and laws based on personal preferences. Personal preferences refer to decisions that are made based on personal needs and interests. External preferences are “preferences people have about what others shall do or have.”6 The democratic majoriratian process sometimes mixes in external preferences, some of which can be harmful to a minority’s rights (or laws containing “animus”).

Civil Rights are necessary (scheme of rights) to provide minorities with protection by ensuring that strong external preferences are removed from the majoritarian political institutions. Dworkin argues that without rights, the majoritarian process and external and personal preferences would lead to “in-egalitarian results,” which is the opposite of the liberal’s egalitarian intentions. Rights, for the liberal, ensure that the government treats people as equals. Treating people as equals is the “idea that the government has to treat all individuals with equal concern and respect.”7 This requires government to be neutral to differing conceptions of “the good life”.The good life is each “individual’s conception of what gives value to life.”8 Neutrality would mean that the government would not value one version of the “good life” over another. That would ensure the government treated peoples’ values equally and treated individuals as morally independent. This gives people equal status as moral individuals. This ensures that when the majority has strong external preferences, that Congress, for example, would not pass a law that reflects the majority’s external preferences and violate the rights (or good life)of minorities. Based on external moral preferences (animus against poor single mothers), recipients’ are denied this same right (or equal opportunity) as non-recipients. Dworkin states that all though external preferences are problematic, we can’t remove ALL of them from the political process. When we vote for Congress we are voting on our external preferences.

In Liberalism, Dworkin notes the United States is committed to guaranteeing the government treats citizens with “equal respect and concern.” For Liberals, this “scheme of rights” is the Bill of Rights plus the 13th and 14th Amendments. He goes into the example of the Equal Protection clause and how it was written when homosexuality and gender were not issues. Yet, because of the generality of the language used in the Equal Protection Clause (“equal protection of the laws”), it was left open for future interpretation to fit any issue where equality was being denied. Rights, Dworkin argues, function as “Trump Cards” that citizens can use if the majority’s external preferences are violating a minority’s rights. Rights are justified as a necessity because “they protect equal concern and respect.”9 Liberals argue that rights are justified because they improve “political morality”.

All three branches have important functions in ensuring rights are upheld and granted. Dworkin notes that one particular branch plays a role of significant importance when ensuring our rights: the judiciary. In A Moral Reading, Dworkin notes that judicial review is a check on the majoritarian system. Judicial review ensures that civil liberties are not violated or inexcusably compromised. Depending on the Justice’s interpretation or reading of the Constitution, rights are expanded, denied, or protected. How justices interpret the Constitution can grant or deny rights.

In A Moral Reading, Dworkin notes our rights (or protection from the government) come from the Bill of rights and the 13th and 14th Amendments. These rights were written using abstract moral language which restrains governments’ power. He uses the example of Equal Protection of the laws to illustrate that our rights are “general political principles.” Taking into account precedent, political and legal history and the framers intention, Justices are left a broad scope for judicial interpretation. He notes Brown v. Board of Education as an example of justices performing a moral reading of the Constitution. It was a Moral reading because the Court recognized that segregation is inconsistent with the 14th Amendment (implicitly overturning Plessey v. Ferguson). Justices can now use judicial review to recognize that TANF denial of recipients Constitutional rights violates the 14th Amendments Equal Protection Clause. Drowkin’s theories to explore how rights can be used as protection from the government’s legislated external preferences such as TANF. These welfare rights could be discovered in the Constitution by the court and upheld and protected. Furthermore, the Court can easily protect recipients through the equal protection clause, as Mink has argued and as I will illustrate.

TANF: A Denial of Constitutional Rights/Civil Liberties

The “Personal Responsibility Act” of 1996 included TANF, which forced recipients to work in low wage jobs, receive minimal educational training, and maintain financial connections with biological fathers. Furthermore, the federal government gave the states more control over the system through replacing individual entitlement to welfare with federal block grants. Additionally, with TANF, there is a five year lifetime limit for recipients to be eligible for assistance. As Dworkin would note, TANF is an example of multiple external preferences legislated by the government. These external preferences manifest as the legal denial of equal citizenship, through legislated morally based preferences that impose one version of the good life on all citizens, and does not respect the differing conceptions of the good life as equal. By denying recipients the access to services and an education based on their private moral choices to be single mothers, through the enactment of TANF, the government is imposing conservative moral preferences of individuals. The government has failed to “act neutrally”, and through and the enactment of TANF, legislated “external preferences.” The government failed to respect varying conceptions of “the good life” by denying single mothers a genuine opportunity for self sufficiency. This in turn denied recipients the equal rights of citizenship and hence has violated their Constitutional rights.

It is essential to understand that the right to welfare, as Mink notes, is an essential component of reproductive freedom and for vocational choice for single mother recipients. Through TANF’s work first policy, denial of higher education, promotion of marriage, and family cap policies, these freedoms are denied by the welfare system. Through a right to assistance though, a woman could in theory be independent, until the system is altered, it will be just that, a theoretical right. The right to welfare if administered properly (the system and the right) would allow for the true exercise of reproductive and vocational freedom, but presently, the system denies these rights to recipients. Access to higher education would mean the right to have the hours one spends in a four year institution counted as part of the recipients 35 hour a week work requirement. Without an adequate education, recipients will cycle on and off of welfare and remain in poverty, a condition that will affect all American taxpayers and the quality of our society. Furthermore, the right to welfare is essential in protecting recipients from the strict and moral based eligibility and sanction criteria of the state and federal governments.

Recipients’ Constitutional rights such as reproductive freedom, vocational freedom, and the right to privacy are denied by TANF. This deprives a recipient of equal protection of the law; hence, recipients and their dependents are denied basic citizenship rights. If women’s work in the home were recognized as work credited by the 35 hour work requirement, women would be closer to gender equality through the economic recognition of care giving for their children. If TANF included a federal provision which also protected mother’s rights to receive a bachelors education, as part of approved educational or vocational training, this would also lead to real self sufficiency of recipients when they reach their federal time limits.

In the book When Welfare Dissaperas: The Case for Economic Human Rights, Kenneth J. Neubeck discuses economic human rights, and analyzes the history of welare policy in the United States. Neubeck illustrates why single mother recipients have particular dificullty staying off of or avioiding public assistance which is through systemic barriers such as a lack of access to education and job trainning skills that woud allow singe mothers to be more competitive in the job market and get out of poverty. “PROWRA reflects what some have called the ‘new paternalism.’ The act subtly communicates a strongdistrust of–if not disdain for–impovershed lone mothers even as it spells out measures to control them.”10 Furthermore, Neubeck goes on to note that “U.S. welfare policy has reflected and, in many ways, has reinforced society wide systems of class, gender, and racial inequallity.”11

Neubeck discusses the difficulty of single mothers and uses statistics of those on TANF, exiting, and the poverty rate to illustrate the harmful effects of TANF. Neubeck uses a human rights framework as a claim for welfare rights in the United States. He discusses “invisible barriers” such as mental illness and domestic violence thatare not adequately addressed by the system.The reason that many women remain in poverty, after all, is because they lack the skills, training, and resources to obtain a good job, any job in some cases, and some don’t even have the ability to travel to appointments and training due to transportation access as well as safe and secure child care access.

I refer to Neubeck to illustrate that the right to welfare should encompass the human/economic rights to food/from hunger, to a job or assistance, a right to shelter, a right, although Neubeck states “welfare has never been treated as a right”12 which is true, it was an entitlement, but if the agrument for a right to welfare was framed as esential to fulfiling the human rights of American citizens who were in need, then we could be closer to equality between recipients and non recipients citizen status.

TANF: Disabling American Citizenship for Recipients

Through the enactment of TANF, the government denies recipients some of the fundamental rights that non-recipient American citizens enjoy. Furthermore, by treating recipients as legal and social sub-citizens, the government is implicitly legalizing racial and class-based hierarchies as well as the legal perpetuation of male dominance. Mink discusses in great depth the argument that TANF creates sub-citizenship through its coercion of recipients and denial of citizenship based rights such as reproductive and vocational freedom. Al though she mainly advocates a poor woman’s right to be a homemaker, and advocates economic recognition of care-taking, I rely on her analysis of recipient citizenship status as a denial of equal citizenship as support for my argument.

Recipients are denied equality through their treatment by the government versus non-recipients treatment by the government, meaning the loss of some of the recipient’s rights just by becoming recipients, they enter into sub-citizenship. The coercion of marriage and work is explicitly done to recipients in America; non-recipients do not get economically punished for choosing not to live society’s dominant ideal of the nuclear family structure. A right to obtain higher education is denied by the states, based on the states’ criteria of what constitutes an approved work activity. ” In NYC for example, while non-recipients who receive Pell and TAP are allowed to go to school, recipients who receive Federal Pell and state TAP are told that they cannot go to school, because welfare doesn’t recognize their education as an approved work activity. Some recipients don’t even have the ability to travel to appointments and training due to transportation access as well as safe and secure child care access. They need the right to safe and secure childcare and the right to adequate transportation if none is available in order to even comply let alone exercise true vocational freedom.

TANF: Married v Unmarried Recipients of Social Services

Single motherhood, with the exception of widows, has been and still is morally regarded as unacceptable and economically punishable. A conservative coalition has launched attacks on welfare since its beginnings in 1935, and they won with the enactment of TANF. TANF promotes a model of wage-earning in the nuclear family as envisaged by conservative policy as the foundation of a healthy society” (Personal Responsibility and Work Opportunity Reconciliation Act of 1996). By promoting marriage through the use of TANF funds, as opposed to creating programs that could aid single mothers, Congress and the states have chosen to legally quasi-coerce recipients into positions of dependency. Non-conformity to this patriarchal social norm, being a single mother, results in an economic sanction. If women wanted to be stay at home mothers they had to remain married. If they wanted to be single mothers, they are punished with work outside of the home. One of the stated objectives of TANF is:

to end dependence by promoting marriage. Many policy-makers want to devote more public resources to this goal, even if it requires cutting spending on cash benefits, child care, or job training. Some states, such as West Virginia, already use their funds to provide a special bonus to couples on public assistance who get married. In December 2001, more than fifty state legislators asked Congress to divert funds from existing programs into marriage education and incentive policies, earmarking dollars to encourage welfare recipients to marry and giving bonus money to states that increase marriage rates. On February 26, 2002, President Bush called for spending up to $300 million a year to promote marriage among poor people.” 13

Recipients in different states, through TANF, a federal policy, are given different benefits at different levels, access, and, eligibility and sanction criteria. TANF explicitly promotes marriage as we have seen. But it also granted the states wide discretion in how they choose to implement their federal block grants, how they choose to allocate funds and meet the goals of the federal government. With financial bonuses to states who meet goals related to abstinence, out of wedlock births and abortions, some states have chosen to allocate more funds on marriage promotion and abstinence, hence more money on influencing recipients to exercise their right to privacy in a certain conservative manner, or regulating privacy, regulating the private moral choices of recipients, violating their Constitutional rights as equal citizens to enjoy and exercise the right to privacy.

States receive cash bonuses from the federal government when they reduce or keep down out of wedlock births, abortion rates. “PRWORA authorized funds for marriage counseling among poor couples and abstinence education among teens, despite little effectiveness of these programs…Congress also offers states and illegitimacy bonus: 20 million for each of the top five states in reducing out of wedlock birth rates without raising the abortion rate, ”14 Congress is regulating morality through the enactment of TANF, restoring the state/local moral regime that ruled recipients through the text and policy goals and design of TANF, which abolished the federal entitlement to welfare.

Dworkin’s works provide an analytic framework to illustrate that through the enactment of TANF, the government legislated unconstitutional moral preferences. The text of TANF illustrates the moral based external preferences of the federal government and allows the states wide discretion to impose these external preferences as eligibility, bonus, and sanction criteria on recipients who do or do not comply or adhere to these standards. Authors Stephanie Coontz and Nancy Folbre discuss the failure of marriage promotion to impact the marriage rate of recipients, the harm that “marriage bonus” would actually impose, as well as the necessity of these programs versus other essential TANF programs.

There is little evidence that [marriage promotion] policies would in fact increase marriage rates or reduce poverty among children. Indeed, the main effect of marriage bonuses would probably be to impose a “non-marriage” penalty that would have a particularly negative impact on African-American children, who are significantly less likely to live with married parents than either whites or Hispanics…Public policies should not penalize marriage. Neither should they provide an economic bonus or financial incentive to individuals to marry, especially at the cost of lowering the resources available to children living with single mothers. Such a diversion of resources from public assistance programs penalizes the children of unmarried parents without guaranteeing good outcomes for the children of people who are married.”

The authors of this publication are aware of the dangers of associating marriage with poverty. Granted, two incomes are better than one when dealing with poor families, but marriage isn’t going to make two poor people rich because they married, it will not solve the issue of poverty, because being unmarried is not a cause of poverty.

In 2000, about 38% of all poor young children lived in two-parent homes These families have been largely overlooked in the debates over anti-poverty programs and marriage. Indeed, the campaign to increase marriage has overlooked one of the most important public policy issues facing the United States: the growing economic gap between parents, whether married or unmarried, and non-parents.”15

We cannot believe as a society that being unmarried is a large factor that effects poverty rates for recipients. They might be a little less poor with an extra income, but nevertheless, poor. Two individuals making minimum wage will still be poor whether they are married or not, and although two incomes are better than one, their combined incomes would still be below the poverty level. Poverty among children is not confined to single-parent families.

Marriage is a reinforcement of a position of dependency for recipients. TANFs’ diversion of funds from programs that would aid single mothers to programs that would reinforce a dependent position in women represents a “quasi-coercion” of recipients into positions of dependency.

This unlawfully imposes a standard of dependence on women, TANF uphold marriage as the highest moral standard. Meaning, women who do not meet the standard of being married or staying married were economically punished by not being eligible for marriage bonuses and having their funds that would help them be independent, such as child care, redistributed to marriage promotion. Meaning the government is replacing programs that would make women economically self-sufficient and independent such as low cost child care with services which promote dependence, since marriage won’t alleviate many women’s poverty and in marriage, they are expected to rely upon their husbands for money.

In this system, the woman is left in an intersection of economic dependence. A dependence for food, childcare, housing and other monetary needs such as a decent minimum wage. The cost of living has risen so that the single mother is placed in a position of dependence, either on “the man” or “a man” or many men. Yes women have the right to an “equal opportunity” in theory, but in practice, American society does not allow single mother autonomy. Women are, as Francis Wright noted, still the ultimate subordinate beings in society, but I’d say now a days that poor single mothers are definitely the most oppressed group in America. As she noted, and evidence such as the 1996 TANF act suggests, it pleases men that women are dependent.

Recipients who may have lost a husband, been abused in some way, had a husband who left them, or was just very poor even with her husband’s minimal income, or never was even able to get married because he didn’t want to. And then in society, comes to welfare with children, there is a stigma toward that woman and her children if they don’t live up to that standard, and not by choice perhaps. What if a woman is single not be choice? But what would be wrong with women making the individual private moral choice to be single mothers as opposed to being married? It would be breaking systems of patriarchy that have been in place since almost the beginning of time, allowing recipients more autonomy and affording women greater rights. But by not providing services such as child care, which is necessary for a single mother to go to work, then recipients are explicitly being denied equal access to resources.

Recipients have their children’s fathers forced into their children’s’ lives hence the recipients life, if not through marriage promotion, than through child-support enforcement, and invades recipients right to privacy. Congress is demanding the return of the father to the family, hence forcing recipients into a position of dependency on a man or her child(ren)s’ father as, opposed to aiding the mother in obtaining the means to be self-sufficient economically. Congress denies the recipient the economic security to remain free of this dependency. Additionally, Congress denies recipients the option to choose single mother hood if recipients desired to and/or had to. Congress made a bi-partisan decision to deny poor single mothers the safety net they once had before the enactment of TANF. If you were poor, you would have to depend on a man, “As we shall see, since 1967 both democrats and republicans have insisted that fathers return, at least to financial, if not marital, family headship.”16

 Since welfare’s beginning, the government has used morality based eligibility and sanction criteria to create, uphold, and perpetuate a distinction of widows as worthy for public assistance and unmarried single mothers as unworthy, using legislated morality based external preferences to distribute aid to the needy with preference to married women. Mink and Reese’s respectively provide historical analysis of morality based eligibility criteria and morality based sanction criteria (man in the home penalties) to illustrate the discrimination against unmarried single mothers.

Mother’s pension” was the first form of government-run welfare offered in America, and it was controlled and funded by the states. “Mother’s pension” allowed a woman to stay at home and raise her children; the government recognized motherhood as a job, if the recipient was a white widowed woman. Reese notes that when Mother’s Pensions were first enacted, they were targeted to poor white widows, with the maternalist idea that mothers should be compensated for the work of child-raising, because mothers would “raise good citizens.”17 Social Security was created to ensure that white widows would earn enough as homemakers to continue the job of raising good citizens. As Mink discusses, the idea that these women were single mothers through no fault of their own, their moral choices to marry, was what gave them moral preference over other single mothers. Widows were “worthy” of assistance and the opportunity to be stay at home mothers, yet unmarried women were thought of as immoral and punished with work outside the home to instill “moral values.”

Recipients were required to endure several intrusions into their private sexual life and were given strict moral guidelines of how to behave. Eligibility criteria consisted of “suitable home” and “fit mother” standards to deny assistance, “and such policies reinforced the marriage ethic-the expectation that women should get and stay married.”18 President Roosevelt created the American welfare system through his aggressive passage of the New Deal; he created Aid to Dependent Children (ADC), which is a system that is federally funded, a product of federalism. However, the states retained many of their rights to implement welfare as they saw fit, and Congress ensured that any law attempting to federally regulate welfare was not enacted. Both Mink and Reese note the rise in caseloads once ADC allowed for more recipients who were non-white and/or unmarried to receive welfare.

Social security still allows (barely, but it still does allow) a single widow to be a stay at home mother if she chooses or has to be. But poor women are “compelled” by the government, as Mink notes, to work outside the home by not having their work in the home economically recognized. The fact that SSI is still very generous when compared to welfare benefits illustrates the government’s preference to provide subsistence assistance for “worthy” single mothers, or widows. TANF recommends that poor women who are divorced and unmarried either work first to support their families or find husbands if they want to be stay at home mothers. Mink illustrate how recipients have to work outside of home for EITC (Earned Income Tax Credit) yet widows do not have to for IRA (Independent Retirement Account). Retirement is an acknowledgement of a life time of work, meaning middle class stay at home mothers are being economically compensated for their work in the home. Yet recipients have to work outside of the home to receive their tax credit. Mink notes that most single mothers will choose to work outside of their homes, but the issue she has with PRA is the “coercion” of poor single women: “why should poor single mothers,–and only poor single mothers—be forced by law to work outside of the home?”19

Mink highlights differences in Congressional policy for women of different classes, races, sexualities and marital statuses. Congress made it possible (as welfare did in the 30’s) for the white middle class married women to stay at home through the creation of the IRA, which “are an untaxed portion of earned income,” and through TANF, at the same time, denied poor women the right to be homemakers and compel poor single mothers to work outside of their homes. Congress used their own standards to determine the legal value of homemaking based on skin color and class, and strengthened divisions, in society and in the eyes of the law, between women. The IRA reinforces the Conservative ideology that dominated the government during the Mother’s Pension and the creation of SSI.

There is no economic punishment for women who are not married and are non-recipients of TANF. This illustrates the differences in rules and penalties for recipient and non-recipients of TANF. An example of this is in the work place, it would be discrimination to explicitly pay one person more than another solely on the basis of marital status, give bonuses to married employees simply because of their marital status, or financially incentivize and promote marriage at work. The unmarried or never married employees would state that bonuses on the basis of marriage status were not based on merit or need, theses employees did nothing grand for the company by being married, but rather the private moral choices of some employees were being financially rewarded due to the external preferences of the bosses. Yet it is ok to redistribute funds for marriage promotion?

There is distinction in what rules apply to married and unmarried recipients, unmarried recipients being denied access to certain benefits based on this status. There is also a distinction between recipients and non-recipients, because recipients Constitutional rights to privacy and reproductive freedom are being violated. Congress believes any marriage is a good marriage, and legislated this preference through the funding of marriage promotion, which denies recipients the equal protection of the law as citizens. The “quasi-coercion” of recipients to become married is an example of the unequal citizenship status between recipients and non-recipients. Not to say that marriage is not promoted to both recipients and non-recipients, but in the case of recipients, money is being taken away from recipients benefits such as individual cash benefits and child care, to funnel into marriage promotion. Recipient’s resources are reallocated to and wasted by being funneled into marriage promotion. TANF is an example of legislated “new paternalism,” which uses the welfare system to further the agenda of Conservatives by oppressing predominantly female recipients, merely examining the first words of Congress’ finding is section 101 illustrates this oppression:

The Congress makes the following findings: (1) Marriage is the foundation of a successful society. (2) Marriage is an essential institution of a successful society which promotes the interests of children, (3) Promotion of responsible fatherhood and motherhood is integral to successful child rearing and the well-being of children.”20

In 251 pages, this is the first things stated after the content, and as Dworkin would note, this is an example of a legislated external preference. The government was not acting neutrally, hence it violates the rights of recipients by not respecting their conception of the good life and their moral independence. It is as if the government and society are morally punishing alternative families because they do not consist of the same nuclear-male dominated households which perpetuate patriarchy. The private nuclear family life is just, after all, as Frederick Engels notes a model of the lager social hierarchy, patriarchy is reinforced through systems in public and private life, in which the man dominates the women and children.

Many stable homes for children are provided by single parents, extended family, as well as homosexual couples who cannot get legally married. As Dworkin would note, TANF sets a standard in the law of what is best for society, implying that single mother hood or alternative families are not sufficient. This is a manifestation of a legislated external preference, denying non-nuclear families the same respect and consideration as nuclear families, this violates the moral independence of the recipients by not respecting their version of the good life, and the government is not acting neutral between Conservative and Liberal conceptions of the good life. Marriage is not a solution to poverty.

If TANF created a stay-at-home income for women, through welfare grants, during the young years of a child’s life before they start school, this would allow poor women to be stay at home mothers for at least a few years to raise their own children without having to get married to be stay at home mothers. Another alternative to marriage promotion would be more generous shelter benefits/low income housing for single mothers to allow them to be independent. This would respect single motherhood as a lifestyle and a choice and allow independence for them in practice through resources, as opposed to diverting funds from TANF to impose positions of dependency.

TANF: Barriers to Recipients’ Access to Higher Education

Many individual states and localities choose policies that promote “work first” and ultimately believe that any job, low-wage, temporary, insecure, is a good job. Many states do not include four year colleges as an eligible work activity, and so through the use of sanctions for noncompliance, welfare agencies deny recipients the opportunity to go to school by also making these hours ineligible for the child care that is subsidized during the hours of the work activity to be used toward the classes. Despite evidence that women who obtain a higher education have an almost 100% rate of remaining off of public assistance, the numbers of recipients in college has dropped, as noted by authors Ellen Reese and Felicia Kornbluh. This is due to the fact that local welfare agencies promote work as opposed to long term economic security and authentic self-sufficiency.

Through the federal and state government’s emphasis of promoting and funding of work first, they have explicitly limited recipient’s access to necessary educational training, hence limited recipients marketability. This is an example of unequal citizenship between recipients and non-recipients. Further issues of unequal citizenship arise between recipients in different states because of the differing implementations of TANF and various definitions of what constitutes a work activity. Because welfare is a product of federalism, the states have had broad discretion over eligibility and sanction requirements, and the rules that it requires for recipients to remain eligible for assistance.

Through the promotion and implementation of work first over higher education, TANF has denied broad and equal access to higher education, which has denied recipients the opportunity to become self-sufficient and independent. I examine the article Welfare Reform and Enrollment in Postsecondary Education to examine how TANF has affected educational rates of recipients. A low wage job is insecure for a single mother headed family, offering no real skills and making the single mother no more marketable. In contrast, a degree, higher education, offers economic security by providing recipients marketable skills. Vivyan Adair is a professor who was a former welfare recipient, and she writes an article which discusses the fight to have work study counted toward TANF work activity. There is no Federal definition of what constitutes a work activity/vocational training. The federal government imposes numbers that the states must meet to receive funding, such as participation rates in a work activity. Al though the federal government imposes on the states that only a small percentage of its caseload can be receiving educational training g at a time; states have ways to get around these requirements, as discussed below.

Al though TANF grants the states broad discretion when implementing TANF, “TANF discourages states from allowing welfare recipients to participate in education and training programs,”21 Furthermore, only “30%” of a state’s caseload can count education as a work activity for a “12 month period.” This limits a recipient’s ability to higher education explicitly, and further limits a state’s ability to count education as a work activity for a greater number of recipients. A right to obtain higher education if one can obtain it through financial aid is also denied by the states through there criteria of what constitutes “educational training.” Many states do not include four year colleges as an eligible work activity, and so through the use of sanctions for noncompliance, welfare agencies deny recipients the opportunity to go to school by also making these hours ineligible for the child care that is subsidized during the hours of the work activity to be used toward the classes.

In the article State Opportunities to Provide Access to Postsecondary Education under TANF, Pamela Friedman observes what effect welfare reform has had on recipient’s ability to obtain and maintain jobs which would support themselves and their families. While it was discovered that more people were working, it was also discovered that they were working in low wage jobs, with few if any skills, hence limited opportunity, if any, for growth. This article links higher education to the real success of welfare reform, allowing people to leave and stay off of TANF. This article discusses how many states implemented their welfare to work programs, focusing on “basic adult education” and “job search,” approaches that the author notes were unsuccessful in regard to recipients obtaining employment opportunities that would lead to self-sufficiency.

“A state has broad discretion in defining what it means to be “engaged in work” for purposes of this requirement and a state can choose to count participation in postsecondary education (or other education or training activities) as being engaged in work for purposes of the 24-month requirement,” 22 Through the “use of state maintenance effort funds” states can aid in the funding on recipients during their time in a four year college. (In order to get around time limits, have this activity count within the time frame). “Data on state policies indicate that there are 22 states with policies allowing participation in postsecondary degree programs for longer than the 12 months countable as work under federal law.”23

If we adopted a policy along the lines of Illinois welfare policy, reform could be successful, “In 1999, a number of states took legislative or executive action to increase access to postsecondary education and training. Illinois has an especially innovative policy: the state “stops the clock” for purposes of TANF time limits while a TANF recipient is a full-time postsecondary degree student and requires no other work activity, provided the recipient maintains at least a 2.5 grade point average.”24 Policies like this would enable recipients to truly successes and to maintain self-sufficiency when leaving the roles, avoiding getting back on them. This article used statistical evidence to illustrate that while employment rose and rolls declined, many recipients were employed in jobs that kept them below the federal poverty level as well as a lack of employer based services such as health insurance. “A recent study of a national sample of women who had left welfare found that among those who were employed, wages averaged $6.61, above the minimum wage but at only the 20th percentile of wages for all workers. Only 23% of the employed former recipients were receiving employer-provided health insurance. For employed TANF recipients, average earnings in 1998 were $553 a month.”25

States with success stories after implementing programs focusing on educational attainment “The recent, very impressive results from the Portland, Oregon site of the National Evaluation of Welfare-to-Work Strategies (NEWWS) confirm earlier research findings–the most effective welfare-to-work programs are those that have a central focus on employment, but also make substantial use of education and training as a tool for helping recipients become employable and find better jobs.

Program.”26 Areas such as Florida, California, Portland, and Baltimore have enacted successful welfare to work programs. Statistical evidence illustrates the benefits of attaining a higher education:

An analysis of the labor market returns for postsecondary education found that women with associate degrees earn between 19-23% more than other women, even after controlling for differences in who enrolls in college. The same study, which analyzed nearly twenty years of longitudinal data while attempting to adjust for differences in ability and family background, found that women who obtained a bachelor’s degree earned 28-33% more than their peers. Other studies have found that each year of postsecondary education increases earnings by 6-12%.20 In addition, studies that have tracked welfare recipients who completed two or four-year degrees have found that about 90% of these graduates leave welfare and earn far more than other recipients.”27

Statistical evidence for educational attainment and higher wages, leaving poverty, staying off of welfare is further verified, “Census data also show a strong relationship between educational attainment, earnings, and the likelihood of being unemployed or out of the labor market.”28

While Congress enacted a specific list of what counts as being ‘engaged in work’ for purposes of participation rates, Congress expressly said that for purposes of the 24-month requirement, an individual must be engaged in work ‘as defined by the state.’ This was not a technicality in drafting; it was broadly recognized that states would have extensive discretion in defining the contents of the 24-month work requirements… While a state’s definition of being ‘engaged in work’ must be within the bounds of reason, inclusion of work-preparation activities such as job search, job readiness, education and training can all be considered within the permissible activities that a state could include. Thus, there is no reason why the 24-month requirements need be a barrier to allowing access to postsecondary education in a state’s TANF program.”29

A state may, unless otherwise prohibited by the law, spend TANF funds in any manner reasonably calculated to accomplish the purpose of the law. One purpose of the law is to provide assistance to needy families; another purpose is to end the dependence of needy parents on government benefits by promoting job preparation, work and marriage. Thus, any of the above postsecondary education related costs could be viewed as reasonably calculated to accomplish a purpose of TANF for members of needy families.”30

Furthermore, MOE funds can be used by states to aid in families achieving self-sufficiency. “Thus, it is clear that a state may choose to use TANF or MOE funds in support of postsecondary education if it wishes to do so.”31 This further illustrates that the states are choosing to limit recipient access to higher education, even beyond what TANF requires.

There are two principal work and participation requirements under TANF: federal participation rates (discussed below) and the 24-month requirement. While federal participation rate requirements are very specific as to what counts as participation and the consequences of a state’s failure to meet the rates, the 24-month requirement was written to allow very broad state discretion. It is up to each state to determine what counts as being “engaged in work” and a state can count participation in postsecondary education as being engaged in work for purposes of the 24-month requirement.”32

So, although TANF imposes limits on the states autonomy when implementing TANF, it never the less allows the states ways to grant recipients access to higher education. Furthermore, states can use measures such as “state waivers” to grant recipients access to higher education. “HHS says that a state’s waiver demonstration will be considered to have a “work participation component” if the demonstration includes provisions that directly correspond to the work policies in Section 407 of the TANF statute.”33 However, only “some states will be able to count postsecondary education toward participation rates to a greater extent, but only if the state asserts inconsistencies based on continuing a waiver until its expiration, and only if the state files the necessary certification with HHS.”34

This is a great start, a solution to the problem at the moment and allowing people more access now, yet this is not ideal. All recipients in every state need an equal right to be recognized to obtain/access higher education., we need a liberal federal standard. The article further discusses how states can use a “caseload reduction credit” to fund access to higher education for TANF recipients. Ultimately however, I disagree that we should use funding for job training programs, I advocate we focus solely on advocating funds in a manner which would allow recipients access to higher education. This focus, I believe, will lead to greater marketability of the recipients, hence an even greater opportunity for self-sufficiency.

This unequal access to higher education in different states manifests in numerous types of unequal citizenship between different groups of people. The first type of unequal citizenship exists between recipients and non-recipients of public assistance. Recipients are forced to revoke their financial aid and the ability to go to college where as non-recipients are not penalized by their employers for going to school (that would be discrimination). There are numerous recipients in a given state who are eligible for financial aid and cannot go to school because of TANF. All the while, non-recipients who receive aid can go to school without anyone telling them that their education doesn’t count/restricting their access with financial penalties. People on SSI or unemployment, for example, are not told that in order to receive their benefits, they must drop out of school.

TANF produces unequal access to higher education in different states due to the broad control given to the states to implement welfare to work policies. Differences in the state’s promotion of work first/implementation of welfare to work programs, illustrate the unequal citizenship between recipients in different states across the country and also between recipients within a state. Because resources are used to promote work first and insufficient vocational training programs, they are diverted from childcare that could allow for more recipients to pursue a higher education. Though the denial of access to higher education which would allow single mothers to earn a wage that would support her family, she is denied the option of being a self-sufficient single mother and supporting her family on her income. She gives up stay at home motherhood in an attempt to be a provider in a low wage job and go to school to get a better job. Due to this dilemma, not only must she forfeit the option of being a stay at home mother, she also has to accept that with current TANF policy, she will never be an adequate economic provider for her family. “Not surprisingly, given their low skills and educational levels, many welfare recipients fare poorly in the labor market.”35 This is proof that through the denial of higher education, the opportunity to obtain marketable skills, predominantly single mothers recipients are being kept in a certain position in the labor market.

TANF policies promote a system of patriarchy, or “new paternalism,” focusing explicitly on the goal of raising marriage rates and curbing out of wedlock births, promoting the nuclear dominant American family type which denies single mothers the opportunity to become self-sufficient as single mothers. Additionally, while TANF claims that the key to self-sufficiency is employment, a low wage job does not produce self-sufficiency. True self-sufficiency would come with the recipients gaining marketable skills to be marketable in the labor force, which are currently gained through post-secondary education. Recipients who are merely thrown into the labor force with no or little skill sets become extremely dependent on will of employer, and this leaves room for oppression, harassment, and exploitation by the employer.

If recipients attempt to deviate from this “New Paternalism” by becoming single mothers, then they are economically disenfranchised and forced to forfeit raising their children to work in the labor market. If women’s work in the home were recognized as work credited by the 35 hour work requirement, women would be closer to gender equality through the economic recognition of care giving for their children. In addition, if recipients were granted the opportunity to attend a four-year college, they would have opportunity to become self-sufficient. States can use surplus TANF funds to get around federal guidelines and to promote self sufficiency by providing access to higher education.

The government is limiting vocational freedom by denying higher education through the promotion of work-first. It is a common fact that people utilize higher education as a means to get out of poverty and/or climb the social/economic ladder, so the government is basically saying, “you’re too poor to ever be a doctor, the most you will and can ever be is a medical assistant, because that is all we will assist you in being.” This not only denies recipients the right to choose a career, it denies them the opportunity to gain skills necessary in today’s marketplace.

Conclusion

Both democrats and republicans held certain negative beliefs about welfare recipients, and through the enactment of TANF, Congress made a bi-partisan choice to restrict single mother headed families’ access to welfare. As TANF states explicitly in its first page, and as Mink discusses, TANF was created to promote marriage and work (outside the home), as opposed to providing assistance to needy single mothers. Being on welfare, recipients are not given the right to choose a partnership or to choose not to be in one, the right to reproductive freedom and a right to privacy. TANF inevitably makes all decisions for the recipient, and falsely bases their poverty on “poor moral choices,” hence legally punishes recipients by denying them an opportunity out of this poverty by denying recipients the entitlement or right to welfare. Poor women in need of welfare are legally susceptible to moral interrogation and denied full citizenship rights, this takes away this groups full equal status in the eyes of the law. This makes recipients legally sub citizens when compared to non-recipients, and rights are denied on the basis of TANF recipient status. The enactment of TANF is a way to slowly end welfare, and in its place would be private charity and social security, marriage promotion, and low-wage work, options that will not help poor single families become self-sufficient.

Next semester, I am going to interview recipients, experts on welfare policy, and politicians to illustrate what being on TANF is like, what a better policy would look like, and illustrate how some politicians are constrained as political actors while others are advocating the measures taken in TANF. I will also be doing more statistical research for marriage rates and funding for marriage promotion. I will also be doing more research on recipients access to higher education and how TANF is a barrier to this access. Through the interviews of recipients, I want to illustrate the goals, choices, and experiences that being on TANF create/enhance/destroy. I am also going to do more research on the welfare rights movement as I conclude the honors thesis advocating that we start a new welfare rights movement.

 

 

 

 

Bibliography

Books

Dworkin, Ronald. A Moral Reading of the Constitution 1996

Dworkin, Ronald. Liberalism 1985

Mink, Gwendolyn. Welfare’s End. Ithaca: Cornell University Press, 1998.

Neubeck, Kenneth: When Welfare Disappears: The Case for Economic Human Rights Routledge Taylor and Francis Group, New York; 2006

    Reese, Ellen: Backlash against Welfare Mothers, Past and Present University of California Press, 2005

 

Articles

Marriage, Poverty, and Public Policy By Stephanie Coontz and Nancy Folbre (A Discussion Paper from the Council on Contemporary Families, Prepared for the Fifth Annual CCF Confrence, April 26-28, 2002.) http://www.pbs.org/wgbh/pages/frontline/shows/marriage/etc/poverty.html#

Workforce Development Series: Built to Last: Why Skills Matter for Long Run Success in Welfare Reform By Karin Martinson and Julie Strawn April 2003 Brief No. 1

Mark Greenberg, Lisa Plimpton, and Julie Strawn, State Opportunities to Provide Access to Postsecondary Educational Training Under TANF CLASP February 2000 http://s242739747.onlinehome.us/publications/state_opportunities_to_provide_access.pdf

1 Reese, Ellen: Backlash against Welfare Mothers, Past and Present University of California Press, 2005 Page 160

2 Reese, Ellen: Backlash against Welfare Mothers, Past and Present University of California Press, 2005 Page 158

3 Reese, Ellen: Backlash against Welfare Mothers, Past and Present University of California Press, 2005 Page 145

4 Dworkin, Ronald. Liberalism 1985 Page 190

5 Dworkin, Ronald. Liberalism 1985 Page 191

6 Dworkin, Ronald. Liberalism 1985 Page 196

7 Dworkin, Ronald. Liberalism 1985 Page 190

8 Dworkin, Ronald. Liberalism 1985 Page 191

9 Dworkin, Ronald. Liberalism 1985 Page 198

10  Neubeck, Kenneth: When Welfare Disappears: The Case for Economic Human Rights Routledge Taylor and Francis Group, New York; 2006 Page 31

11 Neubeck, Kenneth: When Welfare Disappears: The Case for Economic Human Rights Routledge Taylor and Francis Group, New York; 2006 Page 32

12 Neubeck, Kenneth: When Welfare Disappears: The Case for Economic Human Rights Routledge Taylor and Francis Group, New York; 2006 Page 35

13 Marriage, Poverty, and Public Policy By Stephanie Coontz and Nancy Folbre (A Discussion Paper from the Council on Contemporary Families, Prepared for the Fifth Annual CCF Confrence, April 26-28, 2002.)

14 Reese, Ellen: Backlash against Welfare Mothers, Past and Present University of California Press, 2005 Page 18

15 Marriage, Poverty, and Public Policy By Stephanie Coontz and Nancy Folbre (A Discussion Paper from the Council on Contemporary Families, Prepared for the Fifth Annual CCF Confrence, April 26-28, 2002.)

16 Mink, Gwendolyn. Welfare’s End. Ithaca: Cornell University Press, 1998 page 5

17 Reese, Ellen: Backlash against Welfare Mothers, Past and Present University of California Press, 2005 page 22

18 Reese, Ellen: Backlash against Welfare Mothers, Past and Present University of California Press, 2005page 23

19 Mink, Gwendolyn. Welfare’s End. Ithaca: Cornell University Press, 1998 page 28

20 Text of TANF

21 Workforce Development Series: Built to Last: Why Skills Matter for Long Run Success in Welfare Reform By Karin Martinson and Julie Strawn April 2003 Brief No. 1

22 Mark Greenberg, Lisa Plimpton, and Julie Strawn, State Opportunities to Provide Access to Postsecondary Educational Training Under TANF CLASP February 2000 page 5

23 Mark Greenberg, Lisa Plimpton, and Julie Strawn, State Opportunities to Provide Access to Postsecondary Educational Training Under TANF CLASP February 2000 Page 7

24  Mark Greenberg, Lisa Plimpton, and Julie Strawn, State Opportunities to Provide Access to Postsecondary Educational Training Under TANF CLASP February 2000 Page 7

25 Mark Greenberg, Lisa Plimpton, and Julie Strawn, State Opportunities to Provide Access to Postsecondary Educational Training Under TANF CLASP February 2000 Page 9

26 Mark Greenberg, Lisa Plimpton, and Julie Strawn, State Opportunities to Provide Access to Postsecondary Educational Training Under TANF CLASP February 2000 Pages 12-13

27 Mark Greenberg, Lisa Plimpton, and Julie Strawn, State Opportunities to Provide Access to Postsecondary Educational Training Under TANF CLASP February 2000 Pages 13-14

28 Mark Greenberg, Lisa Plimpton, and Julie Strawn, State Opportunities to Provide Access to Postsecondary Educational Training Under TANF CLASP February 2000 Page 14

29 Mark Greenberg, Lisa Plimpton, and Julie Strawn, State Opportunities to Provide Access to Postsecondary Educational Training Under TANF CLASP February 2000 Page 17

30 Mark Greenberg, Lisa Plimpton, and Julie Strawn, State Opportunities to Provide Access to Postsecondary Educational Training Under TANF CLASP February 2000 Page 15

31 Mark Greenberg, Lisa Plimpton, and Julie Strawn, State Opportunities to Provide Access to Postsecondary Educational Training Under TANF CLASP February 2000 Page 16

32 Mark Greenberg, Lisa Plimpton, and Julie Strawn, State Opportunities to Provide Access to Postsecondary Educational Training Under TANF CLASP February 2000 Page 16-17

33 Mark Greenberg, Lisa Plimpton, and Julie Strawn, State Opportunities to Provide Access to Postsecondary Educational Training Under TANF CLASP February 2000 Page 21

34 Mark Greenberg, Lisa Plimpton, and Julie Strawn, State Opportunities to Provide Access to Postsecondary Educational Training Under TANF CLASP February 2000 Page 21

35 Workforce Development Series: Built to Last: Why Skills Matter for Long Run Success in Welfare Reform By Karin Martinson and Julie Strawn April 2003 Brief No. 1

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Position Paper-Melissa Gutierrez

Melissa Gutierrez October 31, 2010

Position Paper #2: Marriage Promotion in TANF

My claim for my overall thesis is that recipients are denied an opportunity to achieve self-sufficiency in the American welfare system. One way in which this is done is through the denial of an opportunity to receive higher education, which is discussed in my other position paper. In this position paper, I will focus on how women are denied an opportunity for self-sufficiency through the policies of TANF which does not support single motherhood by reallocating TANF funds from programs that assist single mothers and funding marriage promotion. Ultimately, the government is denying women independence (self-sufficiency) through promoting marriage (dependency).

I am going to borrow terms from Ronald Dworkin’s writings, Liberalism and A Moral Reading of the Constitution, such as “external preferences,” “neutrality” and “the good life” to illustrate how the government has, through federalism, history, and the enactment of TANF, denied recipients the equal rights of citizenship and hence has violated their Constitutional rights. Furthermore, I will use Drowkin’s theories to explore how rights can be used as protection from the government’s legislated external preferences such as TANF. These welfare rights could be discovered in the Constitution by the court and upheld and protected. Furthermore, the Court can easily protect recipients through the equal protection clause, as I will illustrate.

The majoritarian system has flaws that can be addressed by ensuring a system of rights and a strong judicial system. In Liberalism, Dworkin argues there are defects in a “pure majoritarian process” that can be addressed by adding a “scheme of rights.” This scheme of rights ensures that individuals are “treated as equals” by the government (Dworkin 1985, 190). The government treats people as equals by acting “neutral to varying conceptions of the good life,” (Dworkin 1985, 191). This in turn respects people’s “moral independence.” Additionally, the judicial branch plays an essential role in limiting majority rule through the use of judicial review and striking laws that violate the rights of individuals.

I will begin by discussing why rights limit the majoritarian process. In a pure majority rule, the rights of the minority are lost in favor of the majority, meaning the government was not treating its citizens as equals. America is a democracy that doesn’t have pure majority rule. Our system of checks and balances and the Bill of Rights limit pure majority rule. Dworkin believes “in practice the decisions of the democratic majority may often violate individual rights,” (Dworkin 1985, 196). In A Moral Reading, Dworkin argues that in favor of the “majoritarian process.” Dworkin is not anti-democracy; he is in favor of majoritarian democracy with rights which would limit and constrain ordinary law. Dworkin argues for the majoritarian process PLUS rights.

One reason why rights limit the majoritarian democracy is because some laws are based on “animus” and rights correct those laws. In A Moral Reading, Dworkin distinguishes between the two types of laws produced by majoritarian rule: laws based on external and laws based on personal preferences. He notes there is an important difference between these two types of laws: some are justified and others are not. Laws that are not justified are problematic because they impinge on individual rights in favor of the majoritarian process. The democratic majoriratian process sometimes mixes in external preferences, some of which can be harmful to a minority’s rights (or laws containing “animus”). According to Dworkin, the laws are based on “external and personal preferences.” Personal preferences refer to decisions that are made based on personal needs and interests. External preferences are “preferences people have about what others shall do or have,” (Dworkin 1985, 196).

Civil Rights are necessary (scheme of rights) to provide minorities with protection by ensuring that strong external preferences are removed from the majoritarian political institutions. This ensures that when the majority has strong external preferences, (as cited in the example below) that Congress, for example, would not pass a law that reflects the majority’s external preferences and violate the rights (or good life)of minorities. The good life is each “individual’s conception of what gives value to life,” (Dworkin 1985, 191) Liberalism believes that all citizens have a right to enjoy their vision of the good life as long as it is not harmful to others. The government is supposed to pass laws in a way that respects “varying conceptions of the good life.” The rights needed to accomplish the removal of strong external preferences will depend on the prejudice the majority is attempting to impose on a minority.

If the government passed laws based on external preferences they would not be treating people as equals or as morally independent. For example, most states have laws banning homosexual marriage because a majority of people believe it’s immoral (the majority’s strong external preference). These laws impinge on the rights of the tax-paying gay community (the minority) to get married. The prohibition of gay marriage illustrates the government infringing on homosexuals’ vision of the good life (being married). This denies homosexuals’ equal status as “morally independent.” Marriage is a right that heterosexuals’ enjoy. Based on external moral preferences (animus against homosexuals), homosexuals’ are denied this same right (or equal opportunity). The prohibition of homosexual marriage in most states is an example of the government passing laws based on strong moral external prefrences as opposed to being neutral. This means the government is not treating homosexuals’ as equal to heterosexuals’ or respecting them as morally independent.

Dworkin states that all though external preferences are problematic, we can’t remove ALL of them from the political process. When we vote for Congress we are voting on our external preferences. Dworkin argues that without rights, the majoritarian process and external and personal preferences would lead to “in-egalitarian results,” which is the opposite of the liberal’s egalitarian intentions (Dworkin 1985, 190). Rights, for the liberal, ensure that the government treats people as equals. Treating people as equals is the “idea that the government has to treat all individuals with equal concern and respect,” (Dworkin, 1985 190). This requires government to be neutral to differing conceptions of “the good life”. Neutrality would mean that the government would not value one version of the “good life” over another. That would ensure the government treated peoples’ values equally and treated individuals as morally independent. We need rights in a majoritarian system to ensure the “government is neutral toward varying conceptions of the good life.” This gives people equal status as moral individuals. This is why we have rights and why they limit the majoritarian process.

In Liberalism, Dworkin notes the United States is committed to guaranteeing the government treats citizens with “equal respect and concern.” For Liberals, this “scheme of rights” is the Bill of Rights plus the 13th and 14th Amendments. He goes into the example of the Equal Protection clause and how it was written when homosexuality and gender were not issues. Yet, because of the generality of the language used in the Equal Protection Clause (“equal protection of the laws”), it was left open for future interpretation to fit any issue where equality was being denied. Rights, Dworkin argues, function as “Trump Cards” that citizens can use if the majority’s external preferences are violating a minority’s rights. Rights are justified as a necessity because “they protect equal concern and respect,” (Dworkin 1985, 198). Liberals argue that rights are justified because they improve “political morality”. They believe treating people as equals is the RIGHT thing to do, and it is, I agree.

I will now turn to how rights limit the majoritarian process. In A Moral Reading, Dworkin argues for a “moral reading” of the Constitution. He asserts that “the Bill of Rights can only be understood as a set of moral principles,” (Dworkin 1996, 12). In his “Constitutional conception of democracy,” he argues for rejection of the majoritarian premise, or majoritarian rule. In its place would be a system in which citizens’ consent to the government making all collective decisions. This government must treat all consenting citizens with “equal concern or respect.” This would mean treating people as equals hence people are granted equal status in the eyes of the law. (Dworkin 1996, 17). All three branches have important functions in ensuring rights are upheld and granted. Dworkin notes that one particular branch plays a role of significant importance when ensuring our rights: the judiciary.

In A Moral Reading, Dworkin notes that judicial review is a check on the majoritarian system. Judicial review ensures that civil liberties are not violated or inexcusably compromised. Depending on the Justice’s interpretation or reading of the Constitution, rights are expanded, denied, or protected. In a Moral reading, Dworkin shows us that HOW justices interpret the Constitution can grant or deny rights. He advocates for a reading that involves examining “past legal and political practice as well as what the framers intended to say,” (Dworkin 1996, 9-10).

In A Moral Reading, Dworkin notes our rights (or protection from the government) come from the Bill of rights and the 13th and 14th Amendments. These rights were written using abstract moral language which restrains governments’ power. He uses the example of Equal Protection of the laws to illustrate that our rights are “general political principles.” Taking into account precedent, political and legal history and the framers intention, Justices are left a broad scope for judicial interpretation. He notes Brown v. Board of Edu as an example of justices performing a moral reading of the Constitution. It was a Moral reading because the Court recognized that segregation is inconsistent with the 14th Amendment (implicitly overturning Plessey v. Ferguson).

The limits (rights) on majoritarian democracy are in place through the interpretation of the Bill of Rights by the Supreme Court (our system of checks and balances.) The limits are not meant in a negative manner, but rather to ensure individual rights are not “trumped by a majority,” (Dworkin 1985, 196). Rights are ensured through judicial review and the law making process. We need judicial review because it ensures government neutrality toward varying conceptions of the good life hence respecting people as moral individuals.

The first claim I would like to address using Dworkin’s analytical framework is the following:` The text of TANF illustrates the moral based external preferences of the federal government and allows the states wide discretion to impose these external prefrences as eligibility, bonus, and sanction criteria on recipients who do or do not comply or adhere to these standrards.

Authors Stephanie Coontz and Nancy Folbre discuss the failure of marriage promotion to impact the marriage rate of recipients, the harm that “marriage bonus” would actually impose, as well as the necessity of these programs versus other essential TANF programs. “There is little evidence that [marriage promotion] policies would in fact increase marriage rates or reduce poverty among children. Indeed, the main effect of marriage bonuses would probably be to impose a “non-marriage” penalty that would have a particularly negative impact on African-American children, who are significantly less likely to live with married parents than either whites or Hispanics…Public policies should not penalize marriage. Neither should they provide an economic bonus or financial incentive to individuals to marry, especially at the cost of lowering the resources available to children living with single mothers. Such a diversion of resources from public assistance programs penalizes the children of unmarried parents without guaranteeing good outcomes for the children of people who are married.” The authors of this publication are aware of the dangers of associating marriage with poverty. Granted, two incomes are better than one when dealing with poor families, but marriage isn’t going to make two poor people rich because they married, it will not solve the issue of poverty, because being unmarried is not a cause of poverty. “In 2000, about 38% of all poor young children lived in two-parent homes. These families have been largely overlooked in the debates over anti-poverty programs and marriage.”1 This illustrates that getting married is not going to be the solution to poverty, I will further explore this claim with statistical evidence that I will collect that reflect marriage rates of Americans from 1900-2010 as well as the marriage rates of recipients during this time period. I will also use articles that address the failures of marriage promotion/abstinence programs as well as the waste of resources that arise from this. We cannot believe as a society that being unmarried is a large factor that effects poverty rates for recipients. They might be a little less poor with an extra income, but nevertheless, poor. Two individuals making minimum wage will still be poor whether they are married or not, and although two incomes are better than one, their combined incomes would still be below the poverty level. Reese discusses “PRWORA authorized funds for marriage counseling among poor couples and abstinence education among teens, despite little effectiveness of these programs…Congress also offers states and illegitimacy bonus: 20 million for each of the top five states in reducing out of wedlock birth rates without raising the abortion rate, ” (Page 18 Reese). Poverty among children is not confined to single-parent families. In 2000, about 38% of all poor young children lived in two-parent homes.43 These families have been largely overlooked in the debates over anti-poverty programs and marriage. Indeed, the campaign to increase marriage has overlooked one of the most important public policy issues facing the United States: the growing economic gap between parents, whether married or unmarried, and non-parents.

Another claim that I make is that TANF denies recipients the ability to choose single mother by denying them the ability to be self –sufficient supporters of their families through choosing to use TANF funds for promoting marriage as an alternative or solution to poverty as opposed to providing more services for single mothers. Denial of single motherhood is a denial of opportunity to be self-sufficient. Through the enactment of TANF, the government is denying single motherhood as equally valuable, de-values single motherhood, legally, morally, and economically.

TANF is a patriarchal policy which uses the welfare system to further the agenda of Conservatives by oppressing predominantly female recipients, merely examining the first words of Congress’ finding is section 101 illustrates this oppression: “The Congress makes the following findings: (1) Marriage is the foundation of a successful society. (2) Marriage is an essential institution of a successful society which promotes the interests of children, (3) Promotion of responsible fatherhood and motherhood is integral to successful child rearing and the well-being of children.” In 251 pages, this is the first things stated after the content, and as Dworkin would note, this is an example of a legislated external preference. The government was not acting neutrally, hence it violates the rights of recipients by not respecting their conception of the good life and their moral independence.

It is as if the government and society are morally punishing alternative families because they do not consist of the same nuclear-male dominated households which perpetuate patriarchy. The private nuclear family life is just, after all, as Frederick Engels notes a model of the lager social hierarchy, patriarchy is reinforced through systems in public and private life, in which the man dominates the women and children. Many stable homes for children are provided by single parents, extended family, as well as homosexual couples who cannot get legally married. As Dworkin would note, TANF sets a standard in the law of what is best for society, implying that single mother hood or alternative families are not sufficient. This is a manifestation of a legislated external preference, denying non-nuclear families the same respect and consideration as nuclear families, this violates the moral independence of the recipients by not respecting their version of the good life, and the government is not acting neutral between Conservative and Liberal conceptions of the good life. Marriage is not a solution to poverty.

The third claim I make is that marriage is a reinforcement of a position of dependency for recipients. Claim: TANF’s diversion of funds from programs that would aid single mothers to programs that would reinforce a dependent position in women represents a “quasi-coercion” of recipients into positions of dependency.

This unlawfully imposes a standard of dependence on women, TANF uphold marriage as the highest moral standard. Meaning, women who do not meet the standard of being married or staying married were economically punished by not being eligible for marriage bonuses and having their funds that would help them be independent, such as child care, redistributed to marriage promotion. Meaning the government is replacing programs that would make women economically self-sufficient and independent such as low cost child care with services which promote dependence, since marriage won’t alleviate many women’s poverty and in marriage, they are expected to rely upon their husbands for money. women who may have lost a husband, been abused in some way, had a husband who left them, or was just very poor even with her husband’s minimal income, or never was even able to get married because he didn’t want to. And then in society, comes to welfare with children, there is a stigma toward that woman and her children if they don’t live up to that standard, and not by choice perhaps. What if a woman is single not be choice? But what would be wrong with women making the individual private moral choice to be single mothers as opposed to being married? It would be breaking systems of patriarchy that have been in place since almost the beginning of time, allowing recipients more autonomy and affording women greater rights. But by not providing services such as child care, which is necessary for a single mother to go to work, then recipients are explicitly being denied equal access to resources. In this system, the woman is left in an intersection of economic dependence. A dependence for food, childcare, housing and other monetary needs such as a decent minimum wage. The cost of living has risen so that the single mother is placed in a position of dependence, either on “the man” or “a man” or many men. Yes women have the right to an “equal opportunity” in theory, but in practice, American society does not allow single mother autonomy.

Women are, as Francis Wright noted, still the ultimate subordinate beings in society, but I’d say now a days that poor single mothers are definitely the most ultimately oppressed group in America. As she noted, and evidence such as the 1996 TANF act suggests, it pleases men that women are dependent. Stigmatization of the welfare system and its recipients shaped public opinion in American and eventually created bi-partisan support for welfare reform. Conservatives began this movement with the creation of the term “welfare queen” and since recipients have been labeled as “illegitimate families, lazy, promiscuous, immoral.” Furthermore, while the majority of recipients are white, Conservatives frame the attack on welfare as if most of the recipients are black or non-white. Granted, blacks and non-whites are disproportionately poor compared to their population size and the percentage of recipients is high versus their population sizes. However, this is due to lack of opportunity for advancement, lack of access to higher education. This stigmatization of the recipient oppresses the recipients due to the public opinion of the moral choices she made by reallocating funds that could help her to attempt to force her into dependency.

Recipients have their children’s fathers forced into their children’s’ lives hence the recipients life, if not through marriage promotion, than through child-support enforcement, Congress is demanding the return of the father to the family, hence forcing the family into dependence on a man or father as opposed to aiding the mother in obtaining the means to be self-sufficient economically, hence NOT choose marriage if the recipient wanted and the option to choose single mother hood if recipients desired to. Congress made a bi-partisan decision to ensure that single motherhood was no longer an option. If you were poor, you would have to depend on a man, “As we shall see, since 1967 both democrats and republicans have insisted that fathers return, at least to financial, if not marital, family headship.”2 Recipients are also denied the Constitutional right to privacy and equal protection in the eyes of the law by being economically coerced into marriage.

One of the stated objectives of welfare legislation passed in 1996 was “to end dependence by promoting marriage. Many policy-makers want to devote more public resources to this goal, even if it requires cutting spending on cash benefits, child care, or job training. Some states, such as West Virginia, already use their funds to provide a special bonus to couples on public assistance who get married.1 In December 2001, more than fifty state legislators asked Congress to divert funds from existing programs into marriage education and incentive policies, earmarking dollars to encourage welfare recipients to marry and giving bonus money to states that increase marriage rates. On February 26, 2002, President Bush called for spending up to $300 million a year to promote marriage among poor people.” 3

My fourth claim is that since welfares beginning, the government has used morality based eligibility and sanction criteria to create, uphold, and perpetuate a distinction of widows as worthy for public assistance and unmarried single mothers as unworthy, using legislated morality based external preferences to distribute aid to the needy with preference to married women.

Since the creation of the welfare state, the government has imposed morality based eligibility criteria to deny numerous poor single mothers and their children aid. An analysis of the American welfare state policy history illustrates the states and later the federal government’s use of eligibility criteria and sanctions to keep poor single mothers off of welfare. Initially, welfare was created at the local level and administered to “worthy” women or white widows. The states had wide discretion over who would ultimately receive assistance and who wouldn’t. Mink notes that Mother’s pension” was the first form of government-run welfare offered in America, and it was controlled and funded by the states. “Mother’s pension” allowed a woman to stay at home and raise her children; the government recognized motherhood as a job, if the recipient was a white widowed woman. Social Security was created to ensure that white widows would earn enough as homemakers to continue the job of raising good citizens.

Reese notes that when Mother’s Pensions were first enacted, they were targeted to poor white widows, with the maternalist idea that mothers should be compensated for the work of child-raising, because mothers would “raise good citizens.” (Page 22) Reese) Yet, the benefits were not enough for many women to stay home and work, but they still did receive the help, and were given preference due to the fact that they were once married. As Mink discusses, the idea that these women were single mothers through no fault of their own, their moral choices to marry, was what gave them moral preference over other single mothers. Furthermore, Reese discusses that recipients were required to endure several intrusions into their private sexual life and were given strict moral guidelines of how to behave. Eligibility criteria consisted of “suitable home” and “fit mother” standards to deny assistance, “and such policies reinforced the marriage ethic-the e expectation that women should get and stay married,” (page 23 Reese). President Roosevelt created the American welfare system through his aggressive passage of the New Deal; he created Aid to Dependent Children (ADC), which is a system that is federally funded, a product of federalism. However, the states retained many of their rights to implement welfare as they saw fit, and Congress ensured that any law attempting to federally regulate welfare was not enacted. Both Mink and Reese note the rise in caseloads once ADC allowed for more recipients who were non-white and/or unmarried to receive welfare. Yet, Mink discusses Social security still allows (barely, but it still does allow) a single widow to be a stay at home mother if she chooses or has to be. But poor women are “compelled” by the government, as Mink notes, to work outside the home by not having their work in the home economically recognized.

The fact that SSI is still very generous when compared to welfare benefits illustrates the government’s preference to provide subsistence assistance for “worthy” single mothers, or widows. TANF recommends that poor women who are divorced and unmarried either work first to support their families or find husbands if they want to be stay at home mothers. If TANF created a stay-at-home income for women, through welfare grants, during the young years of a child’s life before they start school, this would allow poor women to be stay at home mothers for at least a few years to raise their own children without having to get married to be stay at home mothers. Another alternative to marriage promotion would be more generous shelter benefits/low income housing for single mothers to allow them to be independent. This would respect single motherhood as a lifestyle and a choice and allow independence for them in practice through resources, as opposed to diverting funds from TANF to impose positions of dependency.

Mink illustrate how recipients have to work outside of home for EITC (Earned Income Tax Credit) yet widows do not have to for IRA (Independent Retirement Account). Retirement is an acknowledgement of a life time of work, meaning middle class stay at home mothers are being economically compensated for their work in the home. Yet recipients have to work outside of the home to receive their tax credit. Mink notes that most single mothers will choose to work outside of their homes, but the issue she has with PRA is the “coercion” of poor single women: “why should poor single mothers,–and only poor single mothers—be forced by law to work outside of the home?”4 Mink discusses differences in Congressional policy for women of different classes, races, sexualities and marital statuses. Congress made it possible (as welfare did in the 30’s) for the white middle class married women to stay at home through the creation of the IRA, which “are an untaxed portion of earned income,” and through TANF, at the same time, denied poor women the right to be homemakers and compel poor single mothers to work outside of their homes. Congress used their own standards to determine the legal value of homemaking based on skin color and class, and strengthened divisions, in society and in the eyes of the law, between women. The IRA reinforces the Conservative ideology that dominated the government during the Mother’s Pension and the creation of SSI. Women receiving public assistance after 1996 are explicitly coerced into seeking marriage through the text of TANF’s explicit promotion of marriage. But since its conception at a state level, American welfare has given aid with priority to mothers who were married over non-married single mothers. States were allowed to determine eligibility for these benefits based on a mother’s private moral decisions or circumstances. In other words, the state could deny a single mother aid at this time if she was unmarried on that basis.

While it was at first the states who were imposing strict morality based eligibility criteria, the national government now imposes this criteria, For example, Reese discusses a Conservative group called the Heritage Foundation and how it influenced Bush’s policies on “reducing out of wedlock childbearing,” (page 160). Reese discusses Charles Murray, who argues that “welfare should be abolished because it promotes unwed motherhood,” (page 158). Also, Wade Horn and Andrew Bush are discussed, regarding their collaborated work, Father’s, Marriage, and Welfare Reform (2002), and how it urges that politicians stigmatize welfare and create policies which would give priority funding and bonuses to married couples. Religious ideology ultimately influenced and directed the concepts and values underlying the Conservative reformation of the American welfare system “Politicians emphasis on traditional ‘family values’ was linked to the rise of the Christian Right, which revitalized the Republican Party and shifted in rightward on social issues,” (page 145).

My fifth claim is that promoting marriage creates unequal citizenship between: married and unmarried recipients, recipients and non-recipients, and individuals in different states due to federalism.

TANF creates a distinction between the level of access to benefits, and the rules, for married and unmarried recipients. I will use Mink and Reese’s historical analysis of morality based eligibility criteria and morality based sanction criteria (man in the home) to illustrate the discrimination against unmarried single mothers. Widow were worthy of assistance and the opportunity to be stay at home mothers, yet unmarried women were thought of as immoral and punished with work outside the home to instill “moral values.” Furthermore, in a two parent household, one parent has to fulfill the 35 hour a week work requirement while the other one can stay home without benefits being penalized. However, in a single parent household, if the recipient is out of work, they are considered non-compliant, and their case is either sanctioned or closed. There is no economic equality. Also, there is no economic punishment for women who are not married and are non-recipients of TANF. This illustrates the differences in rules and penalties for recipient and non-recipients of TANF. An example of this is in the work place, it would be discrimination to explicitly pay one person more than another solely on the basis of marital status, give bonuses to married employees simply because of their marital status, or financially incentivize and promote marriage at work. The unmarried or never married employees would state that bonuses on the basis of marriage status were not based on merit or need, theses employees did nothing grand for the company by being married, but rather the private moral choices of some employees were being financially rewarded due to the external preferences of the bosses. Yet it is ok to redistribute funds for marriage promotion? There is distinction in what rules apply to married and unmarried recipients, unmarried recipients being denied access to certain benefits based on this status. There is also a distinction between recipients and non-recipients, because recipients Constitutional rights to privacy and reproductive freedom are being violated. Congress believes any marriage is a good marriage, and legislated this preference through the funding of marriage promotion, which denies recipients the equal protection of the law as citizens. The “quasi-coercion” of recipients to become married is an example of the unequal citizenship status between recipients and non-recipients. Not to say that marriage is not promoted to both recipients and non-recipients, but in the case of recipients, money is being taken away from recipients benefits such as individual cash benefits and child care, to funnel into marriage promotion. Recipient’s resources are reallocated to and wasted by being funneled into marriage promotion.

Recipients in different states, through TANF, a federal policy, are given different benefits at different levels, access, and, eligibility and sanction criteria. TANF explicitly promotes marriage as we have seen. But it also granted the states wide discretion in how they choose to implement their federal block grants, how they choose to allocate funds and meet the goals of the federal government. With financial bonuses to states who meet goals related to abstinence, out of wedlock births and abortions, some states have chosen to allocate more funds on marriage promotion and abstinence, hence more money on influencing recipients to exercise their right to privacy in a certain conservative manner, or regulating privacy, regulating the private moral choices of recipients, violating their Constitutional rights as equal citizens to enjoy and exercise the right to privacy. States receive cash bonuses from the federal government when they reduce or keep down out of wedlock births, abortion rates. Congress is regulating morality through the enactment of TANF, restoring the state/local moral regime that ruled recipients through the text and policy goals and design of TANF, which abolished

Being on welfare, recipients are not given the right to choose a partnership or to choose not to be in one, the right to reproductive freedom and a right to privacy. Both democrats and republicans held certain negative beliefs about welfare recipients, and through the enactment of TANF, Congress made a bi-partisan choice to restrict single mother headed families’ access to welfare. As TANF states explicitly in its first page, and as Mink discusses, TANF was created to promote marriage and work (outside the home), as opposed to providing assistance to needy single mothers. The enactment of TANF is a way to slowly end welfare, and in its place would be private charity and social security, marriage promotion, and low-wage work, options that will not help poor single families become self-sufficient. TANF inevitably makes all decisions for the recipient, and falsely bases their poverty on “poor moral choices,” hence legally punishes recipients by denying them an opportunity out of this poverty by denying recipients the entitlement or right to welfare. Poor women in need of welfare are legally susceptible to moral interrogation and denied full citizenship rights, this takes away this groups full equal status in the eyes of the law. This makes recipients legally sub citizens when compared to non-recipients, and rights are denied on the basis of TANF recipient status.

1 http://www.pbs.org/wgbh/pages/frontline/shows/marriage/etc/poverty.html

2 Mink 5

3 http://www.pbs.org/wgbh/pages/frontline/shows/marriage/etc/poverty.html#.

4 Mink 28

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Position Paper 2-Melissa Gutierrez

Melissa Gutierrez November 3, 2010

TANF and the limits it imposes on recipient’s access to higher education by promoting work first

Upon the examination of the text of PROWRA, specifically the language of TANF, it is explicit that the federal government, and through granting the states broad discretion over the implementation of TANF, the state government, are denying recipients access to self-sufficiency. The government, Congress and the state and local governments, are denying recipients a genuine opportunity to obtain self-sufficiency, through the denial of access, the right, for a recipient to pursue a higher education. This higher education would lead to self-sufficiency because recipients would become more marketable. They would be more marketable because a degree would allow recipients to obtain the skills and training necessary to be competitive in the market place, hence economically independent. Through the federal and state government’s emphasis of promoting and funding of work first, they have explicitly limited recipient’s access to necessary educational training. This is an example of unequal citizenship between recipients and non-recipients. Further issues of unequal citizenship arise between recipients in different states because of the differing implementations of TANF and various definitions of what constitutes a work activity. Because welfare is a product of federalism, the states have had broad discretion over eligibility and sanction requirements, and the rules that it requires for recipients to remain eligible for assistance. TANF in particular grants the states more power over the structure of the system, arguably the most power that the states have had over recipients since welfare’s enactment. I will examine the policy history of the American welfare system to discover when access to education became an issue for recipients. Then I will focus on why TANF explicitly limits access to higher education. I will end illustrating how this is problematic and suggesting that access to higher education would offer recipients genuine self-sufficiency, an opportunity to survive and support themselves and their families, after their time limit is up.

Through the promotion and implementation of work first over policies in TANF, TANF has denied broad and equal access to higher education, which has denied recipients the opportunity to become self-sufficient and independent. I am going to examine the article Welfare Reform and Enrollment in Postsecondary Education to examine how TANF has affected educational rates of recipients. I have yet to read the entire article. I will use this statistical evidence to illustrate how the federal policy of TANF limits recipient’s ability to obtain a higher education. I also plan on using the book Shut out: low income mothers and Higher education in post welfare America by Valerie Polakow to illustrate how TANF is only harming single mother’s opportunities for self-sufficiency.

A low wage job is insecure for a single mother headed family, offering no real skills and making the single mother no more marketable. In contrast, a degree, higher education, offers economic security by providing recipients marketable skills. Vivyan Adair is a professor who was a former welfare recipient, and she writes an article which discusses the fight to have work study counted toward TANF work activity. There is no Federal definition of what constitutes a work activity/vocational training. The federal government imposes numbers that the states must meet to receive funding, such as participation rates in a work activity. Al though the federal government imposes on the states that only a small percentage of its caseload can be receiving educational training g at a time; states have ways to get around these requirements, as discussed below regarding the article in claim 2.

TANF allows the states broad financial discretion over implementing TANF through giving the states block grants. Many states and localities chose to allow much less than 30% of its case load to receive higher education. This unequal access to higher education creates unequal citizenship between recipients in different states as well as between recipients within a state in different localities. The states are following the guidelines of the federal government or using the freedom they were given to deny more recipients than required by TANF (70%) access to higher education through the promotion of work first. Many states are barring recipients access to higher education after an associate’s degree, some don’t even allow that to count. In New York City, a mother is told that a four year college is not an approved training program, and that hours studying for that degree and in class will not be covered by childcare costs. A recipient will have to work 35 hours a week to stay eligible and also find childcare and pay for it themselves while going to college full time if they want to pursue a Bachelor’s degree.

Al though TANF grants the states broad discretion when implementing TANF, “TANF discourages states from allowing welfare recipients to participate in education and training programs,”1 Furthermore, the article discusses how only “30%” of a state’s caseload can count education as a work activity for a “12 month period.” This limits a recipient’s ability to higher education explicitly, and further limits a state’s ability to count education as a work activity for a greater number of recipients. A right to obtain higher education if one can obtain it through financial aid is also denied by the states through there criteria of what constitutes “educational training.” Access to higher education would mean the right to have the hours one spends in a four year institution counted as part of the recipients weekly work requirement. Many states and localities determine individually for their locality the educational programs that are eligible to be counted as part of the weekly work requirement for recipients. Many of these localities do not include four year colleges as an eligible work activity, and so through the use of sanctions for noncompliance, welfare agencies deny recipients the opportunity to go to school by also making these hours ineligible for the child care that is subsidized during the hours of the work activity to be used toward the classes. Many individual states and localities choose policies that promote “work first” and ultimately believe that any job, low-wage, temporary, insecure, is a good job. Despite evidence that women who obtain a higher education have an almost 100% rate of remaining off of public assistance, the numbers of recipients in college has dropped, as noted by authors Ellen Reese and Felicia Kornbluh. This is due to the fact that local welfare agencies promote work as opposed to long term economic security and authentic self-sufficiency. The federal government granted the states the most freedom they’ve had with welfare implementation since the New Deal, through the enactment of TANF, allowing states to deny access to education among other things.

In the article State Opportunities to Provide Access to Postsecondary Education under TANF, the author observes what effect welfare reform has had on recipient’s ability to obtain and maintain jobs which would support themselves and their families. While it was discovered that more people were working, it was also discovered that they were working in low wage jobs, with few if any skills, hence limited opportunity, if any, for growth. This article links higher education to the real success of welfare reform, allowing people to leave and stay off of TANF. This article discusses how many states implemented their welfare to work programs, focusing on “basic adult education” and “job search,” approaches that the author notes were unsuccessful in regard to recipients obtaining employment opportunities that would lead to self-sufficiency. “A state has broad discretion in defining what it means to be “engaged in work” for purposes of this requirement and a state can choose to count participation in postsecondary education (or other education or training activities) as being engaged in work for purposes of the 24-month requirement,” 2 Page 6-7 offers various types of strategies that states can use to provide access to higher education for those in need both within the TANF guidelines and outside of them. Through the “use of state maintenance effort funds” states can aid in the funding on recipients during their time in a four year college. (In order to get around time limits, have this activity count within the time frame). “Individual Development Accounts” “Data on state policies indicate that there are 22 states with policies allowing participation in postsecondary degree programs for longer than the 12 months countable as work under federal law.”3 If we adopted a policy along the lines of Illinois welfare policy, reform could be successful, “In 1999, a number of states took legislative or executive action to increase access to postsecondary education and training. Illinois has an especially innovative policy: the state “stops the clock” for purposes of TANF time limits while a TANF recipient is a full-time postsecondary degree student and requires no other work activity, provided the recipient maintains at least a 2.5 grade point average.”4 Policies like this would enable recipients to truly successes and to maintain self-sufficiency when leaving the roles, avoiding getting back on them. This article used statistical evidence to illustrate that while employment rose and rolls declined, many recipients were employed in jobs that kept them below the federal poverty level as well as a lack of employer based services such as health insurance. “A recent study of a national sample of women who had left welfare found that among those who were employed, wages averaged $6.61, above the minimum wage but at only the 20th percentile of wages for all workers. Only 23% of the employed former recipients were receiving employer-provided health insurance. For employed TANF recipients, average earnings in 1998 were $553 a month.”5

States with success stories after implementing programs focusing on educational attainment “The recent, very impressive results from the Portland, Oregon site of the National Evaluation of Welfare-to-Work Strategies (NEWWS) confirm earlier research findings–the most effective welfare-to-work programs are those that have a central focus on employment, but also make substantial use of education and training as a tool for helping recipients become employable and find better jobs.

Areas such as Florida, California, Portland, and Baltimore have enacted successful welfare to work programs. Statistical evidence illustrates the benefits of attaining a higher education “An analysis of the labor market returns for postsecondary education found that women with associate degrees earn between 19-23% more than other women, even after controlling for differences in who enrolls in college. The same study, which analyzed nearly twenty years of longitudinal data while attempting to adjust for differences in ability and family background, found that women who obtained a bachelor’s degree earned 28-33% more than their peers. Other studies have found that each year of postsecondary education increases earnings by 6-12%.20 In addition, studies that have tracked welfare recipients who completed two or four-year degrees have found that about 90% of these graduates leave welfare and earn far more than other recipients.”6 Statistical evidence for educational attainment and higher wages, leaving poverty, staying off of welfare is further verified, “Census data also show a strong relationship between educational attainment, earnings, and the likelihood of being unemployed or out of the labor market.”7 What I found particularly useful about this article was that it offered the states ways within the existing framework to aid recipients in obtaining a higher education while simultaneously meeting TANF requirements. “A state may, unless otherwise prohibited by the law, spend TANF funds in any manner reasonably calculated to accomplish the purpose of the law. One purpose of the law is to provide assistance to needy families; another purpose is to end the dependence of needy parents on government benefits by promoting job preparation, work and marriage. Thus, any of the above postsecondary education related costs could be viewed as reasonably calculated to accomplish a purpose of TANF for members of needy families.”8 Furthermore, MOE funds can be used by states to aid in families achieving self-sufficiency. “Thus, it is clear that a state may choose to use TANF or MOE funds in support of postsecondary education if it wishes to do so.”9 This further illustrates that the states are choosing to limit recipient access to higher education, even beyond what TANF requires. “There are two principal work and participation requirements under TANF: federal participation rates (discussed below) and the 24-month requirement. While federal participation rate requirements are very specific as to what counts as participation and the consequences of a state’s failure to meet the rates, the 24-month requirement was written to allow very broad state discretion. It is up to each state to determine what counts as being “engaged in work” and a state can count participation in postsecondary education as being engaged in work for purposes of the 24-month requirement.”10 So, although TANF imposes limits on the states autonomy when implementing TANF, it never the less allows the states ways to grant recipients access to higher education. “While Congress enacted a specific list of what counts as being “engaged in work” for purposes of participation rates, Congress expressly said that for purposes of the 24-month requirement, an individual must be engaged in work “as defined by the state.” This was not a technicality in drafting; it was broadly recognized that states would have extensive discretion in defining the contents of the 24-month work requirements… While a state’s definition of being “engaged in work” must be within the bounds of reason, inclusion of work-preparation activities such as job search, job readiness, education and training can all be considered within the permissible activities that a state could include. Thus, there is no reason why the 24-month requirements need be a barrier to allowing access to postsecondary education in a state’s TANF program.”11 Furthermore, states can use measures such as “state waivers” to grant recipients access to higher education. “HHS says that a state’s waiver demonstration will be considered to have a “work participation component” if the demonstration includes provisions that directly correspond to the work policies in Section 407 of the TANF statute.”12 However, only “some states will be able to count postsecondary education toward participation rates to a greater extent, but only if the state asserts inconsistencies based on continuing a waiver until its expiration, and only if the state files the necessary certification with HHS.”13 This is a great start, a solution to the problem at the moment and allowing people more access now, yet this is not ideal. All recipients in every state need an equal right to be recognized to obtain/access higher education. Need a Broad liberal standard. The article further discusses how states can use a “caseload reduction credit” to fund access to higher education for TANF recipients. Ultimately however, I disagree that we should use funding for job training programs, I advocate we focus solely on advocating funds in a manner which would allow recipients access to higher education. This focus, I believe, will lead to greater marketability of the recipients, hence an even greater opportunity for self-sufficiency.

This unequal access to higher education in different states manifests in numerous types of unequal citizenship between different groups of people. The first type of unequal citizenship exists between recipients and non-recipients of public assistance. Recipients are forced to revoke their financial aid and the ability to go to college where as non-recipients are not penalized by their employers for going to school (that would be discrimination). There are numerous recipients in a given state who are eligible for financial aid and cannot go to school because of TANF. All the while, non-recipients who receive aid can go to school without anyone telling them that their education doesn’t count/restricting their access with financial penalties. People on SSI or unemployment, for example, are not told that in order to receive their benefits, they must drop out of school. Both the federal and state governments are limiting liberty, or our 14th Amendment equal protection clause. Furthermore, the government is limiting vocational freedom by denying higher education as opposed to all education, and it is a common fact that people utilize higher education as a means to get out of poverty and/or climb the social/economic ladder, so the government is basically saying, “you’re too poor to ever be a doctor, the most you will and can ever be is a medical assistant, because that is all we will assist you in being.” This not only denies recipients the right to choose a career, it denies them the opportunity to gain skills necessary in today’s marketplace.

Furthermore, TANF creates/produces unequal citizenship between recipients of different states due to a) differing levels of access to higher education and b) differing standards of what constitutes vocational training/work activity. I’m going to examine the relationship between federalism and TANF regarding access to higher education. Currently, TANF produces unequal access to higher education in different states due to the broad control given to the states to implement welfare to work policies. Welfare reform (TANF) turned welfare (ADFC) from an individual entitlement to a state block grant. Welfare has always been a product of federalism, but through TANF, the states were given more power by the federal government. The states are allowed to have such vastly different standards and eligibility and sanction criteria and the states rules do not have to be held to any other national standard, other than minimal ones such as ensuring a given number of recipients are working at all times. Differences in the states promotion of work first/implementation of welfare to work programs, illustrates the unequal citizenship between recipients. Based on state by state determined eligibility and sanction criteria, there are state to state differences in recipient’s ability to obtain educational training on TANF, as well as interstate differences in localities definitions of approved training programs. This not only constitutes unequal citizenship between recipients in different states, but also unequal citizenship between recipients within a state.

Because resources are used to promote work first and insufficient vocational training programs, they are diverted from childcare that could allow for more recipients to pursue a higher education. Though the denial of access to higher education which would allow single mothers to earn a wage that would support her family, she is denied the option of being a self-sufficient single mother and supporting her family on her income. She gives up stay at home motherhood in an attempt to be a provider in a low wage job and go to school to get a better job. Due to this dilemma, not only must she forfeit the option of being a stay at home mother, she also has to accept that with current TANF policy, she will never be an adequate (above the poverty line) provider for her family.

“Not surprisingly, given their low skills and educational levels, many welfare recipients fare poorly in the labor market.”14 This is proof that through the denial of higher education, the opportunity to obtain marketable skills, predominantly single mothers recipients are being kept in a certain position in the labor market. TANF policies promote a system of patriarchy, focusing explicitly on the goal of raising marriage rates and curbing out of wedlock births, promoting the nuclear dominant American family type which denies single mothers the opportunity to become self-sufficient as single mothers. Additionally, while TANF claims that the key to self-sufficiency is employment, a low wage job does not produce self-sufficiency. True self-sufficiency would come with the recipients gaining marketable skills to be marketable in the labor force, which are currently gained through post-secondary education. Recipients who are merely thrown into the labor force with no or little skill sets become extremely dependent on will of employer, and this leaves room for oppression, harassment, and exploitation by the employer.

Access to higher education as a matter of women’s equality: The article The New Welfare Trap Case Managers, College Education, and TANF Policy found in the gender and society journal uses feminist policy analysis promotes access to higher education. Furthermore, I am attempting to use an affirmative action type argument to illustrate the historical exclusion of women from higher educational facilities. This type of argument will advocate allowing women to catch up in the race.

I am going to use the following book by Ellen Reese: Backlash against Welfare Mothers, Past and Present to discuss the barriers that TANF creates to limit or deny access to higher education. I am also going to use the following book by Kathryn Edin and Laura Lein: Making Ends Meet. This book provides empirical evidence for my argument. It discusses the fact that low wage work and welfare do not adequately support a family. Women in different states were interviewed to illustrate this reality. This illustrates that many single mother headed families do need subsistence, which they do not get from the market or from the welfare system. Chicago, Boston, San Antonio, and Charleston were some of the cities examined to prove that single mothers headed families could not survive merely on welfare and low wages, and certainly not on either alone. Many of these localities/states, and the federal government do not include four year colleges as an eligible work activity, and so through the use of sanctions for noncompliance, welfare agencies deny recipients the opportunity to go to school by also making these hours ineligible for the child care that is subsidized during the hours of the work activity to be used toward the classes. Despite evidence that women who obtain a higher education have an almost 100% rate of remaining off of public assistance, the numbers of recipients in college has dropped, as noted by authors Ellen Reese and Felicia Kornbluh. This is due to the fact that local welfare agencies promote work as opposed to long term economic security and authentic self-sufficiency.

I am also going to use the following book by Kenneth Neubeck, When Welfare Disappears: The Case for Economic Human Rights to further illustrate the necessity of higher education for single mother headed families. Neubeck illustrates why single mother recipients have particular difficulty staying off of or avoiding public assistance which is through systemic barriers such as a lack of access to education and job training skills that would allow single mothers to be more competitive in the job market and get out of poverty. “PROWRA reflects what some have called the “new paternalism.” The act subtly communicates a strong distrust of–if not disdain for–impoverished lone mothers even as it spells out measures to control them,” (Neubeck 31). “U.S. welfare policy has reflected and, in many ways, has reinforced society wide systems of class, gender, and racial inequality,” (Neubeck 32). Neubeck discusses the difficulty of single mothers and uses statistics of those on TANF, exiting, and the poverty rate to illustrate the harmful effects of TANF. I will also use articles from the book Women, the State, and Welfare by Linda Gordon to illustrate the denial of recipient’s access to higher education as a denial of gender equality. Furthermore, I will use the book Welfare: A Documentary History of U.S. Policy and Politics by Gwendolyn Mink and Rickie Solinger to further explore all of my claims in this paper. Mink notes that for economic purposes, the effects of the “labor market,” and wages, welfare was turned from an “income maintenance program” to a “wage supplement.”

1 Workforce Development Series: Built to Last: Why Skills Matter for Long Run Success in Welfare Reform By Karin Martinson and Julie Strawn April 2003 Brief No. 1

2 State Opportunities to Provide Access to Postsecondary Educational Training Under TANF page 5

3 State Opportunities to Provide Access to Postsecondary Educational Training Under TANF page 7

4 State Opportunities to Provide Access to Postsecondary Educational Training Under TANF page 7

5 State Opportunities to Provide Access to Postsecondary Educational Training Under TANF page 9

6 State Opportunities to Provide Access to Postsecondary Educational Training Under TANF page 13-14

7 State Opportunities to Provide Access to Postsecondary Educational Training Under TANF page 14

8 State Opportunities to Provide Access to Postsecondary Educational Training Under TANF page 15

9 State Opportunities to Provide Access to Postsecondary Educational Training Under TANF page 16

10 State Opportunities to Provide Access to Postsecondary Educational Training Under TANF page 16-17

11  State Opportunities to Provide Access to Postsecondary Educational Training Under TANF page 17

12 State Opportunities to Provide Access to Postsecondary Educational Training Under TANF page 21

13 State Opportunities to Provide Access to Postsecondary Educational Training Under TANF page 21

14 Workforce Development Series: Built to Last: Why Skills Matter for Long Run Success in Welfare Reform By Karin Martinson and Julie Strawn April 2003 Brief No. 1

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Draft of Proposal of Focused Topic-Melissa Gutierrez

Melissa Gutierrez October 3, 2010

Draft of Proposal of Focused Topic

The American welfare system is inefficient and not structured well. In particular, the most recent and drastic welfare reform, the 1996 PROWRA Act, and its provision which established the new rules and guidelines for federal welfare, Temporary Assistance for Needy Families, TANF, are failing recipients and the country. TANF fails us by denying welfare recipients the authentic opportunity to become self-sufficient. They are denied the opportunity to become truly self-sufficient in two ways. First, the recipients are denied access to higher education or the opportunity to attend a higher educational institution. Second, the recipients are repeatedly and explicitly encouraged to become married by the government and the welfare system. Upon the examination of the text of PROWRA, specifically the language of TANF, it is explicit that the government, particularly congress and the state and local government, are denying recipients a genuine opportunity to obtain self-sufficiency, by promoting marriage as well as by denying the recipients the ability and access, the right, to pursue a higher education, which would allow the recipients the skills and training necessary to be competitive in the market place, hence economically independent. The text of TANF explicitly states that marriage and work are the ways out of poverty. Many individual states and localities choose policies that promote “work first” and ultimately believe that any job, low-wage, temporary, insecure, is a good job.

Upon the examination of the text of PROWRA, specifically the language of TANF, it is explicit that the government, particularly congress and the state and local government, are denying recipients a genuine opportunity to obtain self-sufficiency, by denying the recipients the ability and access, the right, to pursue a higher education, which would allow the recipients the skills and training necessary to be competitive in the market place, hence economically independent. Upon examining the policy history of the American welfare system, the first blatant issue is that welfare is a product of federalism, and TANF in particular grants the states more power over the structure of the system. This allows states to use eligibility criteria and sanctions in order to force women, through the enactment of TANF, into a low wage workforce and/or marriage. An analysis of the policy history of welfare illustrates the government’s intrusion into the private lives and moral choices of recipients and their legal punishments through eligibility criteria and sanction criteria as well as through rules and regulations. The government and interests groups and businesses worked together and through a conservative movement and republican control of the government, manipulated public opinion of the welfare system by the demonization of recipients by portraying them as “welfare queens” and their “illegitimate children.”

The reason that many women remain in poverty, after all, is because they lack the skills, training, and resources to obtain a good job, any job in some cases, and some don’t even have the ability to travel to appointments and training due to transportation access as well as safe and secure child care access. It is essential to understand that the right to welfare, as Mink notes, is an essential component of reproductive freedom and for vocational choice for single mother recipients. A right to obtain higher education if one can obtain it through financial aid is denied by the states based on the criteria of what constitutes an “educational training” (if it is even allowed in the 35 hour a week work requirement) is also denied is many very poor areas. Access to higher education would mean the right to have the hours one spends in a four year institution counted as part of the recipients 35 hour a week work requirement. Many states and localities determine individually for their locality the educational programs that are eligible to be counted as part of the 35 hour a week work requirement for recipients. Many of these localities do not include four year colleges as an eligible work activity, and so through the use of sanctions for noncompliance, welfare agencies deny recipients the opportunity to go to school by also making these hours ineligible for the child care that is subsidized during the hours of the work activity to be used toward the classes. Furthermore, the right to welfare is essential in protecting recipients from the strict and moral based eligibility and sanction criteria of the state and federal governments. Sanctions punish single motherhood for the poor and force single mothers into a low wage workforce and denying them access to higher education. My goal is to illustrate the inequality of recipients citizenship status compared to the citizenship status of non-recipients by illustrating the governments denial of some of the fundamental rights of American citizens have by their enactment of TANF.

The text of TANF explicitly states that marriage and work are the ways out of poverty. Many individual states and localities choose policies that promote “work first” and ultimately believe that any job, low-wage, temporary, insecure, is a good job. Despite evidence that women who obtain a higher education have an almost 100% rate of remaining off of public assistance, the numbers of recipients in college has dropped, as noted by authors Ellen Reese and Felicia Kornbluh. This is due to the fact that local welfare agencies promote work as opposed to long term economic security and authentic self-sufficiency. This is due in part to pressure from the federal government, since TANF is partly funded by a federal block grant, and the federal government provides financial bonuses to states that lower recipient’s birth rates and abortion rates simultaneously by promoting abstinence and marriage. Furthermore, the federal government ranted the states the most freedom they’ve had with welfare since the New Deal through the enactment of TANF, allowing states to deny access to education, services, and healthcare. Additionally, the states via the power granted to them by the federal government are allowed to deny the rights of citizens to recipients, such as reproductive freedom and vocational freedom, this means that TANF explicitly violates equal protection of the law. This violation is a denial of equal opportunity, of equal citizenship, by the coercion of recipients to get married and become financially dependent on their husbands, and/or to become workers who are trapped into a low wage work force due to the denial of a higher education and/or adequate training that would have enhanced the recipients opportunity of self-sufficiency.

The relevance of these reasons is to illustrate the flaws of the welfare system that affect our economy and the future of our country. The text of TANF is federal law, it dictates the lives of the recipients and denied rights once held by recipients, rights that were fought for and gained through the welfare rights movements of the 1960’s. Through the enactment of TANF, the federal entitlement to welfare that was created by FDR was abolished as well. Without an adequate education, recipients will cycle on and off of welfare and remain in poverty, a condition that will affect all American taxpayers and the quality of our society. Furthermore, by treating recipients as legal and social sub-citizens, the government is implicitly legalizing racial and class-based hierarchies as well as the legal perpetuation of male dominance.

The kind of evidence that I will use to support these reasons are books, articles, statistical data, interviews, and research of the text of the TANF act as well as research of the three states, I am in the process of doing more research to determine which states will best illustrate my argument. I will use books to support my argument of unequal citizenship of the recipients through the enactment of TANF. Gwendolyn Mink discusses in great depth the argument that TANF creates sub-citizenship through its coercion of recipients and denial of citizenship based rights such as reproductive and vocational freedom, all though she mainly advocates a poor woman’s right to be a homemaker, and advocates economic recognition of caretaking. I rely on her analysis of recipient citizenship status as a denial of equal citizenship as support for my argument.

Ronald Dworkin discusses the concept of “external preferences” in his piece On Liberty. “External preferences” is the legal denial of equal citizenship through legislated morally based preferences that impose one version of the good life on all citizens, and does not respect the differing conceptions of the good life as equal. By denying recipients the access to services and an education based on their private moral choices to be single mothers, through the enactment of TANF, the government is imposing conservative moral preferences of individuals. Felicia Kornbluh’s The Battle for Welfare Rights will be analyzed to illustrate the necessity of social movements in order to obtain or maintain rights. Kornbluh analyzes many states, but pays particular attention to New York, and discusses policies and grassroots movements such as NRWO, which formed to fight for a right to welfare. She goes into detail discussing strategies, successes, failures, and organizational tactics for improving access to welfare benefits as well as the system itself. Ellen Reese’s Backlash Against Welfare Mothers, Past and Present, will be analyzed to support my argument as well. I would like to use my argument to build off of some of Reese’s main claims. Reese discusses in great detail the conservative movement to change welfare, the barriers that TANF creates to limit or deny access to higher education, and a policy analysis of welfare as well as an analysis of the welfare rights movement. Reese also analyses the movements and backlashes of government in response to the gain of welfare rights. In the end, Reese calls for a new new deal, for the working poor.

I will analyze welfare policy history, the history of the welfare rights movement as well as conservative “backlash” to both of these events through books, articles, and congressional and public debates on welfare. I will use articles to cite opinions and statistics to illustrate the number Through analyzing the text of TANF, as well as through an analysis of federal and three individual states eligibility and sanction criteria, as well as an analysis of the statistics of people sanctioned off of welfare, full and partial sanctions, and rates of return to welfare/people staying in poverty of recipients who went to school vs. recipients who did not go to school.

My analysis will focus primarily on the past fifty years, yet I will also go back to FDR and the New Deal to emphasize certain aspects of my argument, such as the racist nature of the welfare system. I will also use FDR’s New Deal to illustrate the establishment of an entitlement for poor people to public assistance, and I will discuss how TANF abolished this 60 yearlong entitlement to welfare and replaced it with workfare, a wage supplement, as opposed to an income maintenance program as welfare has been. But I will mainly focus on the past 50 years, beginning at the welfare rights movement and I will discover and analyze the time period in which access to higher education became an issue. Once I discover the time period, I will analyze the struggle to access higher education in depth to determine when or if there is federal access for recipients and which states out of my three deny/restrict access to higher education.

In my field, there is a lot of legal analysis, especially in pre law, such as analyzing Court cases, Congressional hearings and debates, Law review articles and scholarly articles, Presidential addresses and policy analysis. In political science we also analyze these areas, but we also build theories, either extending a theory that is already in the field or we introduce a new theory, usually we build off of other people’s research, like taking it to the next step or bringing it up to date or applying theories to current issues.

Mink, Gwendolyn: Welfare’s End Cornell University Press; Ithaca, 1998.

This denial of an opportunity for recipients to become self-sufficient members of society is problematic for many reasons. The most important being the fact that TANF contradicts its own mission statement. TANF states that is was created to assist families in obtaining self-sufficiency, this is in theory. In practice, through the grant of state power, eligibility criteria, sanction criteria, recipients loose the rights they had as citizens before entering the welfare system. When dealing with citizenship, I will be addressing the type that is based on the theory of the “right to have rights.” Meaning, the right that welfare recipients have as citizens to still enjoy the full rights of citizenship they enjoyed before entering the welfare system. In other words, meaning that recipients won’t have to give up their full citizenship and exchange it for sub-citizenship, a denial, loss, or restriction of their rights, upon entering the welfare system. The text of TANF is federal law, it dictates the lives of the recipients and denied rights once held by recipients, rights that were fought for and gained through the welfare rights movements of the 1960’s. Through the enactment of TANF, the federal entitlement to welfare that was created by FDR was abolished as well. Additionally, the states via the power granted to them by the federal government are allowed to deny the rights of citizens to recipients, such as reproductive freedom and vocational freedom, this means that TANF explicitly violates equal protection of the law. This violation is a denial of equal opportunity, of equal citizenship, by the coercion of recipients to get married and become financially dependent on their husbands, and/or to become workers who are trapped into a low wage work force due to the denial of a higher education and/or adequate training that would have enhanced the recipients opportunity of self-sufficiency. The coercion of marriage and work is explicitly done to recipients in America; non-recipients do not get economically punished for choosing not to live society’s dominant ideal of the nuclear family structure. Recipients are denied equality through their treatment by the government versus non-recipients treatment by the government, meaning the loss of some of the recipient’s rights just by becoming recipients, they enter into sub-citizenship. Recipients are also denied equality amongst each other, through location of the recipient. There exists equality between states; the rules in one state could not apply in the next. Family cap is an example of this, in some states, recipients are denied aid for additional children they bare while receiving assistance. In New York however, there is no family cap provision. There can even be differences within a given state, for example, the meager benefits one receives in NYC are nothing compared to the benefits a recipient in Westchester county receives.

To exercise some of our most fundamental rights, we need to be assured that we have access to other rights. The reason that many women remain in poverty, after all, is because they lack the skills, training, and resources to obtain a good job, or any job in some cases. This is an example of having the right to equal opportunity of citizenship. A right to obtain higher education if one can obtain it through financial aid is denied by the states based on the criteria of what constitutes an “educational training” (if it is even allowed in the 35 hour a week work requirement) is also denied is many very poor areas. In NYC for example, while non-recipients who are poor and can get Pell and TAP are allowed to go to school, recipients who get Federal Pell and state TAP are told that they cannot go to school, because welfare doesn’t recognize their right to equality. Some recipients don’t even have the ability to travel to appointments and training due to transportation access as well as safe and secure child care access. They need the right to safe and secure childcare and the right to adequate transportation if none is available in order to even comply let alone exercise true vocational freedom. My goal is to illustrate the inequality of recipient’s citizenship status compared to the citizenship status of non-recipients by illustrating the government’s denial of some of the fundamental rights that American citizens have by their enactment of TANF. Furthermore, by treating recipients as legal and social sub-citizens, the government is implicitly legalizing racial and class-based hierarchies as well as the legal perpetuation of male dominance. Gwendolyn Mink discusses in great depth the argument that TANF creates sub-citizenship through its coercion of recipients and denial of citizenship based rights such as reproductive and vocational freedom, all though she mainly advocates a poor woman’s right to be a homemaker, and advocates economic recognition of caretaking. I rely on her analysis of recipient citizenship status as a denial of equal citizenship as support for my argument. Also, Ronald Dworkin discusses the concept of “external preferences” in his piece On Liberty. “External preferences” is the legal denial of equal citizenship through legislated morally based preferences that impose one version of the good life on all citizens, and does not respect the differing conceptions of the good life as equal. By denying recipients the access to services and an education based on their private moral choices to be single mothers, through the enactment of TANF, the government is imposing conservative moral preferences of individuals. The government, interests groups and businesses worked together and through a conservative movement and republican control of the government, to manipulate public opinion of the welfare system by the demonization of recipients through the portrayal of them as “welfare queens” and their “illegitimate children.” This is an example of an external preference, that preference of the Republicans, being the nuclear family and work first, which manifested into bad policy, that is bad governing and I will illustrate why. Furthermore, this demonization of recipients creates a problem for mobilization due to the stigma created, and it also creates a barrier for people to truly understand the welfare system. Felicia Kornbluh’s The Battle for Welfare Rights will be analyzed to illustrate the necessity of social movements in order to obtain or maintain rights. Kornbluh analyzes many states, but pays particular attention to New York, and discusses policies and grassroots movements such as NRWO, which formed to fight for a right to welfare. She goes into detail discussing strategies, successes, failures, and organizational tactics for improving access to welfare benefits as well as the system itself. Ellen Reese’s Backlash Against Welfare Mothers, Past and Present, will be analyzed to support my argument as well. I would like to use my argument to build off of some of Reese’s main claims. Reese discusses in great detail the conservative movement to change welfare, the barriers that TANF creates to limit or deny access to higher education, and a policy analysis of welfare as well as an analysis of the welfare rights movement. Reese also analyses the movements and backlashes of government in response to the gain of welfare rights. In the end, Reese calls for a new new deal, for the working poor.

Upon examining the policy history of the American welfare system, the first issue is that welfare is a product of federalism, and TANF in particular grants the states more power over the structure of the system. This allows states to use eligibility criteria and sanctions in order to force women, through the enactment of TANF, into a low wage workforce and/or marriage and to attempt to control recipient fertility. Furthermore, TANF is partly funded by a federal block grant, and the federal government provides financial bonuses to states that lower recipient’s birth rates and abortion rates simultaneously by promoting abstinence and marriage. Both the state and the federal government are denying recipients the full rights of cit citizenship hence are treating the recipients as sub-citizens. An analysis of the policy history of welfare illustrates the government’s intrusion into the private lives and moral choices of recipients and their legal punishments through eligibility criteria and sanction criteria as well as through rules and regulations. Furthermore, the federal government granted the states the most freedom they’ve had with welfare since the New Deal through the enactment of TANF, allowing states to deny access to education, services, and healthcare.

Sanctions and eligibility criteria punish single motherhood for the poor and force single mothers into a low wage workforce and denying them access to higher education. In essence, they are denying the option of single motherhood as economically feasible and legally protected. Many states and localities determine individually for their locality the educational programs that are eligible to be counted as part of the 35 hour a week work requirement for recipients. Many of these localities do not include four year colleges as an eligible work activity, and so through the use of sanctions for noncompliance, welfare agencies deny recipients the opportunity to go to school by also making these hours ineligible for the child care that is subsidized during the hours of the work activity to be used toward the classes. Despite evidence that women who obtain a higher education have an almost 100% rate of remaining off of public assistance, the numbers of recipients in college has dropped, as noted by authors Ellen Reese and Felicia Kornbluh. This is due to the fact that local welfare agencies promote work as opposed to long term economic security and authentic self-sufficiency.

It is essential to understand that the right to welfare, as Mink notes, is an essential component of reproductive freedom and for vocational choice for single mother recipients. Through TANF’s work first policy, denial of higher education, promotion of marriage, and family cap policies, these freedoms are denied by the welfare system. Through a right to assistance though, a woman could in theory be independent, until the system is altered, it will be just that, a theoretical right. The right to welfare if administered properly (the system and the right) would allow for the true exercise of reproductive and vocational freedom, but presently, the system denies these rights to recipients. Access to higher education would mean the right to have the hours one spends in a four year institution counted as part of the recipients 35 hour a week work requirement. Furthermore, the right to welfare is essential in protecting recipients from the strict and moral based eligibility and sanction criteria of the state and federal governments. Without an adequate education, recipients will cycle on and off of welfare and remain in poverty, a condition that will affect all American taxpayers and the quality of our society.

To make my argument, I will examine books, articles, statistical data, interviews, and research of the text of the TANF act as well as research of the three states, I am in the process of doing more research to determine which states will best illustrate my argument. I will use books to support my argument of unequal citizenship of the recipients through the enactment of TANF. My analysis will focus primarily on the past fifty years, yet I will also go back to FDR and the New Deal to emphasize certain aspects of my argument, such as the racist nature of the welfare system. I will also use FDR’s New Deal to illustrate the establishment of an entitlement for poor people to public assistance, and I will discuss how TANF abolished this 60 yearlong entitlement to welfare and replaced it with workfare, a wage supplement, as opposed to an income maintenance program as welfare has been. But I will mainly focus on the past 50 years, beginning at the welfare rights movement and I will discover and analyze the time period in which access to higher education became an issue. Once I discover the time period, I will analyze the struggle to access higher education in depth to determine when or if there is federal access for recipients and which states out of my three deny/restrict access to higher education. Through analyzing the text of TANF, as well as through an analysis of federal and three individual states eligibility and sanction criteria, as well as an analysis of the statistics of people sanctioned off of welfare, full and partial sanctions, and rates of return to welfare/people staying in poverty of recipients who went to school vs. recipients who did not go to school. I will analyze welfare policy history, the history of the welfare rights movement as well as conservative “backlash” to both of these events through books, articles, and congressional and public debates on welfare. I will use articles to cite opinions and statistics to illustrate the number.

Dworkin, Ronald: On Liberty

Mink, Gwendolyn: Welfare’s End Cornell University Press; Ithaca, 1998.

Kornbluh, Felicia: The Battle for Welfare Rights University of Pennsylvania Press; Philadelphia, 2007.

Reese, Ellen: Backlash Against Welfare Mothers, Past and Present University of California Press, 2005.

Through TANF, the federal government gives the states the ability to impose moral based eligibility requirements. Restrictions placed on recipients by TANF welfare policy are placed carefully in an implicit manner, because the government must respect the Constitution and cannot force labor of lifestyle (reproductive, relationship) demands on recipients explicitly. So the states and individual counties impose these morality based requirements which coerce recipients into certain personal relationships and jobs. For economic purposes, the effects of the “labor market,” and wages, welfare was turned from an “income maintenance program” to a “wage supplement.” (Somewhere in intro)

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Introduction-Melissa Gutierrez

Melissa Gutierrez November 3, 2010

The American welfare system has through out history and currently through the enactment of TANF, denied recipients the opportunity to obtain self-sufficiency or independence. One way this is done is through the promotion and focus of work first, which denies recipients the opportunity to pursue a higher education and forces them to take any low-wage position they can in the place of welfare. Therefore the recipient is stuck in a cycle of poverty between wages and welfare, due to their inability to gain marketable skills that would allow them to command a permanent or higher paying position. This unequal opportunity to pursue a higher education between recipients and non-recipients is a example of unequal citizenship status between recipients and non-recipients.

Another way that recipients are denied an opportunity for self-sufficiency is through TANF’s funding of marriage promotion. In the form of financial inscentives such as bonuses for married couples and bonuses for states who keep down out of wedlock child rates, TANF allows the government to promote marriage through federal funding. Marriage promotion fosters economic dependency in recipients on their husbands. Furthermore, it promotes the nuclear family as legitimate and ideal while stigmatizing poor single mother headed families as illegitimate. As political theorist Ronald Dworkin would note, the American government has legislated “morality based external preferences.” This imposition of morals doesn’t respect a citizens “moral independence” to be a single mother. TANF is an example of the government not “being neutral” to “varying conceptions of the good life.” Congress is choosing to divert funds from something Conservatives don’t support, single motherhood, and reallocating it in something they do agree with, an external preference, marriage promotion. This is explicitly saying that the government is economically disenfranchising single motherhood by using TANF funds to promote marriage as opposed to crate services that would help them therefore violating their right to privacy, their liberty to choose marriage or not. The government is violating their right to privacy by implicitly coercing or “quasi-coercing” recipients to become married and denying the choice of single motherhood as legitimate. The government is not respecting individual recipient’s versions off a good family, it is imposing the dominant social norm of a nuclear family as the “foundation of a healthy society” and all things outside of this norm would be subject to economic sanction.

TANF’s missions statements, which lines the walls of welfare offices across the country, is to promote self-sufficiency and independence. There is a difference in theory and practice, TANF states it promotes independence, in theory, they believe they are promoting economic self-sufficiency through the promotion of work first and marriage. I assume that the government defines self-sufficiency as not collecting TANF. Yet, in practice, through the allocation of resources, policies, and federalism (differing state rules and eligibility and sanction criteria), TANF promotes or fosters economic dependence on a spouse or the government.

Mink defines citizenship as “a web of relationships between the individual and the state, relationships that incur both rights and obligations.”1 Mink discusses obligations as “ethical and legal” and they are “codified through statute and political culture.” Rights, are either “explicitly enumerated in the Constitution or have been definitively located in its penumbras by the Supreme Court.”2 As a democratic republic, all citizens have political rights which in theory make us equals. Mink discusses the 1950’s and 60’s as a time for universalizing the civil rights of all citizens through the Court. “Social inequalities” pose as barriers which limit citizens’ ability to exercise our political rights equally. Social rights attempt to create equality, to ensure, for example, “the basic economic security of citizens.” This equality would lead to the equal ability between citizens to exercise their political rights. The paradox lies here, social rights are easier to deny when they lose majority support, yet social rights enable the equal exercise of the political rights of citizenship. The goal is for recipients to not only to have their constitutional rights as citizens recognized under TANF, but to also obtain the social right to welfare, to make it an entitlement again. TANF creates unequal citizenship between welfare recipients as well as between recipients and non-recipients. The restrictions imposed on all welfare recipients (although they vary for married and single women in many ways) degrade the recipient’s rights and deny constitutional protections other citizens enjoy, such as reproductive freedom, a right to privacy, and vocational freedom. Through work first and marriage promotion, recipients are denied opportunities and choices, protected Constitutional rights, that non-recipients exercise.

Additionally, since TANF allows for wide state discretion for TANF eligibility and sanction criteria, it’s implemented differently and the different policies in different states creates unequal citizenship between recipients in different states. An example of this is the family cap, a rule stating that if a recipient has a child while on TANF the new child would be ineligible to receive TANF funds. Yet this rule only applies in some states.

1 – Mink page 9

2 – Mink Page 9-10

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Abstract-Melissa Gutierrez

Melissa Gutierrez November 10, 2010

TANF: Denying Single Mothers the Opportunity to Obtain Self-Sufficiency

Temporary Assistance for Needy Families is a flawed system of American welfare provision. My overall thesis is that recipients are denied the opportunity to achieve self-sufficiency in the American welfare system. I focus on how single mothers are denied an opportunity for self-sufficiency through the implementation and structure of TANF. In the book Welfare’s End, Gwendolyn Mink analyzes the history of United States welfare from its origin in states’ “mothers’ pensions” until the federal enactment of the Personal Responsibility Act. I build on Mink’s theory, which supports the right of TANF recipients to have the option to be stay-at-home mothers. Single motherhood, with the exception of widows, has been and still is morally regarded as unacceptable and economically punishable. A conservative coalition has launched attacks on welfare since its beginnings in 1935, and they won with the enactment of TANF. TANF promotes a model of wage-earning in the nuclear family as envisaged by conservative policy as the foundation of a healthy society” (Personal Responsibility and Work Opportunity Reconciliation Act of 1996). By promoting marriage through the use of TANF funds, as opposed to creating programs that could aid single mothers, Congress and the states have chosen to legally quasi-coerce recipients into positions of dependency. Non-conformity to this patriarchal social norm, being a single mother, results in an economic sanction. If women wanted to be stay at home mothers they had to remain married. If they wanted to be single mothers, they are punished with work outside of the home. I will also cite political and legal theorist Ronald Dworkin’s works Liberalism and A Moral Reading of the Constitution as an analytic framework to illustrate that through the enactment of TANF, the government legislated unconstitutional moral preferences.

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Annotated Bibliography-Melissa Gutierrez

Melissa Gutierrez October 20, 2010

Annotated Bibliography

  1. Mink, Gwendolyn: Welfare’s End Cornell University Press; Ithaca, 1998.

In the book Welfare’s End, Gwendolyn Mink analyzes the history of United States welfare states until the enactment of the Personal Responsibility Act. Mink discusses “Welfare as a condition of women’s equality,” (Mink 1). Mink makes an argument about the sub-citizenship of welfare recipients when compared to non-recipients. Mink refers to the history of welfare to its origins to illustrate that the reform would only harm poor single mothers and their children by ending the entitlement to welfare and replacing it with a policy that coerced women to work outside of the home as well as implicitly controlled their sexual and reproductive freedoms. “The Personal Responsibility Act makes poor single mothers decisions for them, substituting moral prescriptions for economic mitigation of their poverty. Moreover, the Act withdraws rights from recipients, thereby restoring the moral regime that sifted, sorted, and ruled welfare applicants and recipients until the late 1960’s.” (Mink 6). Mink advocates that we all recognize and fight for a right to welfare, because “social rights such as welfare are a condition of equal citizenship.” (Mink 32) Mink analyzes the history of civil rights in the law to argue that poor single mothers are being denied citizenship through the denial or restriction of their civil rights as equal citizens in the eyes of the law.

  1. Kornbluh, Felicia: The Battle for Welfare Rights University of Pennsylvania Press; Philadelphia, 2007

Felicia Kornbluh’s The Battle for Welfare Rights will be analyzed to illustrate the necessity of social movements in order to obtain or maintain rights. Kornbluh analyzes many states, but pays particular attention to New York, and discusses policies and grassroots movements such as NRWO, which formed to fight for a right to welfare. She goes into detail discussing strategies, successes, failures, and organizational tactics for improving access to welfare benefits as well as the system itself.

  1. Reese, Ellen: Backlash against Welfare Mothers, Past and Present University of California Press, 2005

Ellen Reese’s Backlash against Welfare Mothers, Past and Present, will be analyzed to support my argument as well. I would like to use my argument to build off of some of Reese’s main claims. Reese discusses in great detail the conservative movement to change welfare, the barriers that TANF creates to limit or deny access to higher education, and a policy analysis of welfare as well as an analysis of the welfare rights movement. Reese also analyses the movements and backlashes of government in response to the gain of welfare rights. In the end, Reese calls for a new new deal, for the working poor.

  1. Edin, Katheryn and Lein, Laura: Making Ends Meet Russell Sage Foundation, New York; 1997

This source provides empirical evidence for my argument. It discusses the fact that low wage work and welfare do not adequately support a family. Women in different states were interviewed to illustrate this reality. This illustrates that many single mother headed families do need subsistence, which they do not get from the market nor from the welfare system. Chicago, Boston, San Antonio, and Charleston were some of the cities examined to prove that single mothers headed families could not survive merely on welfare and low wages, and certainly not on either alone.

  1. Neubeck, Kenneth: When Welfare Disappears: The Case for Economic Human Rights Routledge Taylor and Francis Group, New York; 2006

In the book When Welfare Disappears: The Case for Economic Human Rights, Kenneth J. Neubeck discusess economic human rights, and the history of welfare policy in the United States. Neubeck illustrates why single mother recipients have particular difficulty staying off of or avoiding public assistance which is through systemic barriers such as a lack of access to education and job training skills that would allow single mothers to be more competitive in the job market and get out of poverty. “PROWRA reflects what some have called the “new paternalism.” The act subtly communicates a strong distrust of–if not disdain for–impoverished lone mothers even as it spells out measures to control them,” (Neubeck 31). “U.S. welfare policy has reflected and, in many ways, has reinforced society wide systems of class, gender, and racial inequality,” (Neubeck 32). Neubeck discusses the difficulty of single mothers and uses statistics of those on TANF, exiting, and the poverty rate to illustrate the harmful effects of TANF. Neubeck analyses history of the welfare policy as well as TANF and uses a human rights framework as a claim for welfare rights in the United States. Neubeck discusses “invisible barriers” such as mental illness and domestic violence that are not adequately addressed by the system. ultimately, I will refer to Neubeck to illustrate that the right to welfare would encompass the human/economic rights to food/from hunger, to a job or assistance, a right to shelter, a right, although Neubeck states “welfare has never been treated as a right,” (page 35) which is true, it was an entitlement, but if the argument for a right to welfare was framed as essential to fulfilling the human rights of American citizens who were in need, then we could be closer to equality between recipients and non-recipients citizen status.

  1. Goldberg, Chad Alan: Citizens and Paupers: Relief, Rights, and Race: From the Freedmen’s Bureau to Workfare the University of Chicago Press, Chicago; 2007.

Goldberg begins the book by stating that “The central thesis of this book is that social welfare policies have been preeminent sites for political struggles over the meaning and boundaries of citizenship in the United States. These struggles are easier to grasp if we understand citizenship as an instrument of social closure through which people monopolize valuable material and symbolic goods while excluding others,” (Goldberg 1). For the purpose of my honors thesis, I will rely on Goldberg’s definition of citizenship when using the term citizen.

  1. Gordon, Linda: Women, the State, and Welfare the University of Wisconsin Press United States; 1990

This book is a collection of essays and short pieces addressing the topics listed in the title. Pieces from authors such as Mink, Linda Gordon, Virginia Sapiro, Paula Baker, Barbara Nelson, Jane Jenson, Nancy Fraiser, Elizabeth Schnider, Frances Fox Piven, Diana Pearce, and Teresa Amott. The book addresses a lot of the theoretical framework of analyzing the welfare state, offers an analysis of the history of the welfare state and women’s rights in some parts, and ultimately offers a critique of the welfare state and how it limits/denies women’s rights. The book offers hope for the future of the American welfare state, by illustrating the flaws of the system and encouraging them to be fixed in order to create a better and more efficient welfare state for women. The authors all wrote their pieces from a feminist perspective and address the oppression of women on welfare, since the origins of the American welfare state. I will use the authors to address the gender discrimination within the welfare system and how this in turn oppresses recipients, who are predominantly females (heading the household). This oppression and discrimination in turn creates unequal citizenship between female recipients and non-recipient females.

  1. Mink, Gwendolyn and Solinger, Rickie: Welfare: A Documentary History of U.S. Policy and Politics New York University Press, New York: 2003

This book is phenomenal, it offers and extensive and detailed history of American welfare policy and why it is flawed. It goes all the way back to the 1900’s, when welfare was first conceived of and ran by the states on a local basis. What I find particularly useful about this book is both its policy analysis as well as its historical analysis of the welfare state, and I will be using both analysis in my argument. It has many short articles, pieces, or chapters from books, cases, basically any type of document that had anything to do with American welfare, both Conservative and Liberal commentary, opinions, and advocacy. It will be extremely useful for both my own analysis and counter argument. I will use the cases discussed to illustrate the Supreme Courts power in creating or denying welfare rights and a right to welfare. I will also analyze the time periods of these cases and what was going on with both public opinion (the welfare rights movement) and with welfare policy at the time as well as the liberal or conservative influence on both the government and the public, depending on the time period.

  1. Noble, Charles: Welfare as We Knew It: A Political History of the American Welfare State Oxford University Press, New York; 1997

Charles Noble offers the reader a deep and extensive analysis of the political history of the American welfare state. What is particularly interesting of Noble is his comparison of the American welfare state to the welfare systems of other industrious nations, and illustrates how America has the most poorly designed and implemented welfare system of all of the developed nations. He then breaks his analysis into three sections that were meaningful to American welfare policy, the Progressive Era, the New Deal Era, and the Great Society Era, and discusses the conservative backlash to these liberal time periods of widening rights for recipients. Noble illusrtaes why reform is difficult in America, and ends the book discussing the future of reform, and offers some great advice based on his analysis of Conservative backlash, he suggests how actors and recipients should move in this politically hostile environment.

  1. Davis, Martha F. Brutal Need: Lawyers and the Welfare Rights Movement, 1960-1973 Yale University Press, New Haven; 1993

This book is phenomenal, and in great detail discusses the welfare rights movements of the late sixties and early seventies. Davis provides us with background, of how legal aid was created, the idea in the legal world that poor people deserved representation as well. The lawyers in this time period played an essential role in aiding the movement by assisting the recipients with fair hearings and class action law suits. Also, this book addresses the need for more lawyers in the field.

Cloward, Richard A, Piven, Frances Fox Regulating the Poor: The Functions of Public Welfare Vintage

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