Hardbound - New, hardbound print book.

Much of today's political rhetoric decries the welfare state and our maze of government regulations. Critics hark back to a time before the state intervened so directly in citizens' lives. In The People's Welfare, William Novak refutes this vision of a stateless past by documenting America's long history of government regulation in the areas of public safety, political economy, public property, morality, and public health. Challenging the myth of American individualism, Novak recovers a distinctive nineteenth-century commitment to shared obligations and public duties in a well-regulated society. Novak explores the by-laws, ordinances, statutes, and common law restrictions that regulated almost every aspect of America's society and economy, including fire regulations, inspection and licensing rules, fair marketplace laws, the moral policing of prostitution and drunkenness, and health and sanitary codes. Based on a reading of more than one thousand court cases in addition to the leading legal and political texts of the nineteenth century, The People's Welfare demonstrates the deep roots of regulation in America and offers a startling reinterpretation of the history of American governance.

This book recounts the transformation of American poor relief in the decades spanning the New Deal and the War on Poverty.

Means-tested government assistance in the United States requires recipients to meet certain criteria and continue to maintain their eligibility so that benefits are paid to the “truly needy.” Welfare is regarded with such suspicion in this country that considerable resources are spent policing the boundaries of eligibility, which are delineated by an often confusing and baroque set of rules and regulations. Even minor infractions of the many rules can cause people to be dropped from these programs, and possibly face criminal prosecution. In this book, Spencer Headworth offers the first study of the structure of fraud control in the welfare system by examining the relations between different levels of governmental agencies, from federal to local, and their enforcement practices. Policing Welfare shows how the enforcement regime of welfare has been constructed to further stigmatize those already living in poverty and deepens disparities of class, race, and gender in our society.

Unlike many other countries, the United States has few constitutional guarantees of social welfare rights such as income, housing, or healthcare. In part this is because many Americans believe that the courts cannot possibly enforce such guarantees. However, recent innovations in constitutional design in other countries suggest that such rights can be judicially enforced--not by increasing the power of the courts but by decreasing it. In Weak Courts, Strong Rights, Mark Tushnet uses a comparative legal perspective to show how creating weaker forms of judicial review may actually allow for stronger social welfare rights under American constitutional law. Under "strong-form" judicial review, as in the United States, judicial interpretations of the constitution are binding on other branches of government. In contrast, "weak-form" review allows the legislature and executive to reject constitutional rulings by the judiciary--as long as they do so publicly. Tushnet describes how weak-form review works in Great Britain and Canada and discusses the extent to which legislatures can be expected to enforce constitutional norms on their own. With that background, he turns to social welfare rights, explaining the connection between the "state action" or "horizontal effect" doctrine and the enforcement of social welfare rights. Tushnet then draws together the analysis of weak-form review and that of social welfare rights, explaining how weak-form review could be used to enforce those rights. He demonstrates that there is a clear judicial path--not an insurmountable judicial hurdle--to better enforcement of constitutional social welfare rights.

As a key staffer on the House Ways and Means Committee, Haskins was one of the architects of the Personal Responsibility and Work Opportunity Act of 1996. Here, he portrays the political battles that produced the most dramatic overhaul of the welfare system, since its creation as part of the New Deal.

American social welfare policy has produced a health system with skyrocketing costs, a disability insurance program that consigns many otherwise productive people to lives of inactivity, and a welfare program that attracts wide criticism. Making Social Welfare Policy in America explains how this happened by examining the historical development of three key programs—Social Security Disability Insurance, Medicare, and Temporary Aid to Needy Families. Edward D. Berkowitz traces the developments that led to each program’s creation. Policy makers often find it difficult to dislodge a program’s administrative structure, even as political, economic, and cultural circumstances change. Faced with this situation, they therefore solve contemporary problems with outdated programs and must improvise politically acceptable solutions. The results vary according to the political popularity of the program and the changes in the conventional wisdom. Some programs, such as Social Security Disability Insurance, remain in place over time. Policy makers have added new parts to Medicare to reflect modern developments. Congress has abolished Aid to Families of Dependent Children and replaced with a new program intended to encourage work among adult welfare recipients raising young children. Written in an accessible style and using a minimum of academic jargon, this book illuminates how three of our most important social welfare programs have come into existence and how they have fared over time.