The Workfare State. Eva Bertram

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The Workfare State - Eva Bertram American Governance: Politics, Policy, and Public Law

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cast votes that opposed the measure.36

      Table 3.2 Senate Votes on Nixon’s Family Assistance Plan, 1972

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      Source: Calculations based on vote totals reported in Congressional Quarterly Almanac 28 (1972): 72S–73S.

      Note: Key Senate votes on FAP in 1972 reflected divisions between Northern and Southern Democrats, and the fact that Southern Democrats often held the balance of votes in the Senate. The first vote was on a motion by Senator Long (D-La.) to table (kill) Senator Ribicoff’s (D-Conn.) liberal version of FAP; the vote to table passed 52–34 on October 3, 1972. The second was on a Long motion to table a Ribicoff amendment to remove workfare provisions from a Social Security bill passed by the Finance Committee. Long’s motion passed 44–41 on October 4, 1972. The third vote was on a motion by Senator Roth (R-Del.) to pilot-test competing welfare reform proposals rather than enact FAP or other alternatives; the motion passed 46–41 on October 4, 1972.

      Only a small percentage of Southern members of the president’s own party, meanwhile, was willing to support him. Cast largely out of party loyalty, these Republican votes were costly to party stalwarts such as Representative George H. W. Bush of Texas, who made a bid for a Senate seat in the November 1970 election—and lost. True to the Southern Democratic position, his opponent Lloyd Bentsen produced ads that criticized Bush’s pro-FAP vote and the prospect of “14 million more on welfare,” and described a vote for Bentsen as a “vote against big welfare” and higher taxes.37 President Nixon wrote to Bush in late October: “I understand that you have been attacked by your opponent for your support of the Family Assistance Plan on the grounds that it is a ‘guaranteed annual income.’ This is a very serious misinterpretation of the goals of our plan.”38

      But, of course, it was not a serious misinterpretation, and Southern leaders knew it. Many feared, in short, “that FAP’s guaranteed income would shrink the supply of cheap labor, bankrupt marginal industry, boost the cost of locally produced goods and services, increase taxes, and put more blacks into political office,” concluded journalists Vince and Vee Burke in their 1974 study of FAP.39 Little wonder, with these perceived stakes for his region, that Senator Long waged a pitched battle against FAP from his pivotal position as chair of the Finance Committee. FAP, he said with no trace of irony, made him “tremble in fear for the fate of this Republic.”40

      As it became clear that FAP was not simply going to go away after its initial setbacks, however, opponents realized that they needed to counter with their own alternative proposals. The twin commitments to defeating FAP and defending Southern political and economic arrangements created a powerful incentive to craft conservative—if expansionary—reforms.

       Building Workfare Through Piecemeal Policymaking

      Beginning in 1971, with the nation riveted on the legislative battle over the Nixon proposal, conservative Southern leaders in Congress began quietly passing legislation that would usher in a new era in public assistance. The three legislative initiatives shared several features. Each reflected elements of the conservative vision and regional interests of key Southern leaders. And each helped redefine the terms of public assistance for a distinct category of poor Americans. The Talmadge amendments targeted current welfare recipients, many of whom, in the view of conservative workfarists, were poor because they would not work. SSI restructured assistance for elderly and disabled adults, whom conservatives believed were poor because they could not work. And the EITC extended aid to families who, conservatives recognized, were poor even though they were working. In altering the terms of assistance, each of the initiatives advanced the core premises of workfarist public assistance—namely, require work from single mothers on AFDC, exempt from work only those too old or infirm to earn wages, and reward work among low-wage workers. Ultimately, each of the initiatives would facilitate compromises and coalitions in the 1980s and 1990s that helped erode and then dismantle the core wel-farist entitlement for poor families.

      The first move was made by Democratic Senator Herman Talmadge of Georgia. It took aim at the welfare poor, and in particular, at AFDC recipients. Under the New Deal model of public assistance, federal policy considered these recipients poor because caregiving obligations made them unable to work at sufficient levels to support their families.41 Beginning with the push by Wilbur Mills to add a new federal work mandate to AFDC through the initial 1967 WIN amendments, conservative reformers began to assert, instead, that these recipients were too often simply unwilling to work, and therefore should be evaluated for referral to state work programs.

      Talmadge was one of the harshest congressional critics of FAP. He shared the concerns of other Southerners about the sheer numbers that would be brought into the system of federal cash assistance under the plan.42 And he believed that FAP did far too little to require work of all who were able. In hearings before the Senate Finance Committee in the spring of 1970, Talmadge grilled HEW Secretary Robert Finch and Undersecretary John Veneman.43 He concluded that in many parts of Georgia, “we might have over half the people in individual counties on welfare.”44 Under Talmadge’s questioning, Veneman acknowledged the low cash penalty a FAP family would pay if a family head refused work, confirming conservatives’ worst fears about FAP.45

      After the first version of FAP collapsed in 1970, Talmadge took action. He led conservatives in pulling the work requirement out of the FAP proposal and passing a version of it in separate Social Security legislation. The aim, in his view, must be a workfarist one—namely, to “make productive citizens out of nonproductive citizens.”46 Dubbed “WIN II” because they revised the initial WIN rules, the Talmadge amendments were signed into law in December 1971.47

      As a political maneuver, the amendments had an immediate effect on the balance of forces in the FAP struggle. Passing the work requirement independently of the other elements of the FAP package significantly reduced FAP’s appeal to conservatives when the administration came back with a revised version of the bill. The work requirement, as Representative John Byrnes (R-Wisc.) explained, was “what some consider the sweetener.”48 With WIN II, conservatives got the “sweetener” without having to swallow the rest of the package. Scheduled to take effect on July 1, 1972, WIN II was on the books during the Senate’s final deliberations on FAP.

      As a policy initiative, WIN II had a deeper and enduring impact on the politics of welfare. Work obligations of various forms had been imposed on welfare recipients at the state level for decades. But federal policy from the New Deal to the Great Society had not formally conditioned assistance on a work requirement.49 WIN I had imposed the first federal mandate that states create work and training programs, and refer any “appropriate persons” to them. WIN II established a more sweeping standard, requiring all adult recipients, except those explicitly exempted, to register for work, under penalty of loss of benefits. By removing the reference to “appropriate persons” and eliminating state officials’ discretion in determining who met this qualification, the law significantly widened the categories of recipients considered eligible for work and included mothers of school-age children.50

      The new law also had greater enforcement power: states would lose a portion of their federal funds if they failed to refer at least 15 percent of their adult recipients to the program by mid-1974. Exemptions, loopholes, and lack of funding would limit the reach and impact of the Talmadge amendments, as they had with WIN I. Nonetheless, WIN II was markedly tougher than existing law, and its passage signaled the rising frustration in Congress over the performance of WIN I.51 In the long run, WIN II would help facilitate the shift to workfare by affirming a new evaluative measure for AFDC’s success: moving recipients from welfare to work. Once virtually all adult recipients were judged work-appropriate, and once states were expected to establish programs that moved recipients

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