Faith-Based Welfare Reform:

A Constitutional Crises

 

     Part Three

 

The Smaller Government Agenda

 

The present welfare reform movement is the historical offspring of a trend toward smaller government that began during the Ragan presidency.  Since then, it has become a mainstream bipartisan cause.   “Reducing the size of government”, “lowering the costs of doing government business”, “eliminating bureaucratic layering”, “doing more with less”, and finally “reinventing government”, have become the only politically correct manner of speech.  After the cold war, reengineering of government programs and their associated bureaucracies, budgetary reductions, and reductions in military and civil service manning were economically legitimate causes to a degree.  Now, two decades later, small-government politics have snowballed into a state of overkill that is increasingly dangerous to the long run interests of the nation.  Few would argue that an overly large government is ever a good thing.  The larger and more complex the bureaucracy the greater the drain on tax dollars with likely diminishing value added.  On the other hand, unreliable and ineffective stewardship of vital functions and services is the certain cost of an overly lean bureaucracy.  The issue for every era is determining what the appropriate balance should be. 

 

Over time, small government politics have dramatically altered the boundaries between government and private sector industry in all domains from national defense to who hauls your garbage. Whatever else has happened, the agenda across the board has been to reduce the government workforce to the barest minimum and farm its core products and services out to private sector to accomplish. The justification for disenfranchisement hinges on the popular assumption that government bureaucracy is always inherently costly and inefficient.  Therefore, as the rhetoric goes, much of the work typically assigned to government is accomplished more economically and efficiently with a competitive system of contractor agencies that supply the requisite manpower and management infrastructure.

 

The problem is that bureaucracy is still bureaucracy regardless of whether it’s composed of a large but coherent civil service, or a workforce supplied by a plethora of private sector contractors.  The American taxpayer is stuck with the bill regardless of who does the work. All other things being equal, smaller government really doesn’t mean anything if the costs of sustaining it aren’t reduced as well.  For each contract worker, the government must pay the contractor agency enough money to cover a competitive wage, employee benefit package, administrative expenses, and a satisfactory net profit for the owners.  Unlike a civil service bureaucracy, private sector contractors are inherently profit driven in spite of the public interests involved.  Considering all this, the assumption that private sector contracting always magically reduces costs or improves the quality of government products and services, is a highly conjectural if not a completely false.  Regardless of these dangers and limitations, Bill Clinton and Al Gore were notorious for disenfranchising the government infrastructure in favor of private sector interests.  Undoubtedly, there are instances in science, engineering, and technology where private sector involvement in government business is both legitimate and essential.  Still, that doesn’t make it the proper shoe in all or even most circumstances.  Nor does it mean that the private sector should hold the administrative hammer in any case.  Whatever the inherent limitations, the civil service is the backbone of our government infrastructure, providing a stable continuity of stewardship even as political fads and elected officials come and go.  Many government programs, both defense related and domestic, are essential to the long run interests of the nation even though the costs are substantial.  Moreover, there are domestic programs that are civilly or culturally sensitive.  They need to remain inside government to protect the nation against private sector monopolies and to insure the quality and impartiality of the services rendered.  A currently notable case in point, is government administered airport security.  In spite of the political rhetoric to the contrary, the public welfare system is another notable case in point.  

 

This brings the discussion back to the central question asked earlier in this commentary.  How did an agenda of private sector contracting get entangled with the PRWORA reform movement in the first place?  Given the discussion above, the brutally direct answer is smaller government politics in the service of private sector pork barreling (note).  In turn, the issue of “charitable choice” got involved because of an opportunistic agenda inside the religious establishment.  First, there was the claim that a welfare system exclusively administered by secular organizations would become a safe haven for secular humanism, the archrival of the theocratic right.  This notion, however, was bogus because the contract secular workers would be required to perform their duties just as if they were civil servants, and thus no agency unique social engineering was legally admissible.  Moreover, just on the face of inherent tendencies, the potential for involvement in a social engineering agenda is several orders of magnitude greater with a religion-based organization.  In fact, it is most likely inevitable.  In spite of this glaring potentiality, the right wing argued that many established faith-based organizations had a sustained record in charity work.  And therefore they were just as properly suited and postured to take on the role of welfare administrators as any candidate non-religious agency.  In any case, the overriding issue was the huge pot of government dollars that was now up for grabs.  With money going to the private sector, the faith-based charity establishment wanted the lion’s share if not ultimately the whole enchilada.  With Pentecostal fundamentalist John Ashcroft leading the charge, the charitable choice clause was a masterstroke for the religious right.  It was the decisive foot in the door they now vigorously endeavor to exploit.  The theocratic power mongers have once again breached the walls separating government and religion (Ashcroft profile) (more Ashcroft). 

 

  Weaning Peter to Addicting Paul

 

At least in theory, for the charitable choice agenda to prevail, Congress and the American public must be convinced that a cumbersome mix of faith-based and secular organizations will cost less and be more effective in dealing with the problems of poverty and welfare dependence. Is there any tangible justification for such a conclusion?  Since the enactment of the TANF program, the number of people on welfare has steadily dropped overall.   However, this was not due to the intervention of private sector contractors or charitable choice alternatives in the program.  Rather, it was the unambiguous result of the TANF mandated five-year limit on how long anyone could draw welfare.  This coupled with obligatory participation in job search, remedial education, and/or community service in return for a welfare check.  In due respect to the issues, the 1996 welfare reform act was motivated by the valid observation that the social theories underlying the previous AFDC system encouraged people to become chronically dependent on welfare for a living.  After the five-year time limits went into effect, many of the physically able eventually left the system for whatever employment they could find.  So, in terms of getting people off the welfare roles, the essential changes instituted by TANF have evidently served the goal for which they were intended  (Reference).  Very notably, however, this success was achieved with the government bureaucracy still predominantly intact and with only limited participation from faith-based or other private sector organizations.  Further, there is no substantive evidence that the few participant private sector organizations were in any way superior in terms of accomplishing the TANF mandated goals.  The tangible underlying problem with the old AFDC system was not bureaucratic inefficiencies within the civil service per se, but rather congressional legislation that forced the civil service system to operate on a bad welfare theory. 

 

Is TANF ultimately the correct solution or just a political indulgence initiated during a time of economic prosperity?  The jury is still out on this and will likely remain that way for quite some time.  For the moment, welfare reform presses on without substantive participation from the private sector.  Indeed, if it cannot be successful without private sector involvement, it is unlikely to be successful with private sector involvement.  Ultimately, the question boils down to what practical value is there in contracting out to the private sector.   On this point, whatever the long run consequences of TANF turn out to be, there is something curiously insensible about weaning the existing population of welfare recipients off dependence on government money only to allow the religious charity organizations themselves to become addicted.  It only serves to entangle the government and the private sector in a corrupt and constitutionally destructive relationship. 

      

Because of the reductions in the number of people drawing welfare, there have been some tangible cost savings with the new system.  Because of the current agenda under the present administration, however, the resulting savings are being neutralized in the service of entangling the government in other ways with the religious agenda (news article) (Vouchers).  Consequently, there is no reason to believe that the overall cost of government-funded welfare and related charity grants won’t continue to escalate.  A less costly and more efficient welfare system simply won’t be accomplished by replacing the existing government bureaucracy with a plethora of charity and social service organizations each having their own unique internal bureaucracies and business agendas.  The resulting super bureaucracy will ultimately be larger, more complex, expensive, and infinitely more difficult to audit and enforce regulatory standards.  Further, if bad politics hadn’t turned welfare reform into a candy-shop for the private sector in the first place, the whole issue of religious involvement and First Amendment violations would never have become a player. 

 

Unfortunately, the social and economic dangers haven’t done much to deter the advocates of “partnerships” between religion and government.  They appeal to intervening social problems like occupational indolence, drug addiction, divorce, teenage pregnancies, and so on to justify their cause.  In some way, all of these maladies are believed to be causally or incidentally linked to crime, unemployment, and inadequate childcare among the nation’s poor.  The classic notion is that the antecedents of poverty and joblessness stem from insufficient cultivation of the character traits underlying self-control, social responsibility, and honest hard work.  In addition, since it’s so often touted to be instrumental to such things, it is completely reasonable to the hard-core faithful that religion should be steward of the new welfare system.  The proponents go on to assert that faith-based charity organizations are more likely to understand the problems of the people in the communities they serve.  The inevitable assertion is that they can reach and redeem many among the needy that a government agent or non-religious private sector alternative cannot.  Such claims often come attended with glowing reports about the miracles wrought by faith-based organizations and how inexpensive they were to achieve.

 

Although appealing to some, these augments suffer from severe shortfalls.  Religious charities have undoubtedly helped some people, but claims of success within the larger population tend not to hold up when closely examined.  In addition, there is the inherent problem of achieving fair representation among the various religious persuasions and denominations each having a stake in matters of faith and community outreach.  Neither religion in general nor any religious persuasion in particular has any exclusive claim to the keys of character building.  There are far too many people with alternative religious and philosophical orientations, who demonstrate the marks of economic and social success in life to ever suggest otherwise.  Not everyone’s circumstances and predilections are the same and thus no single moral or motivational shoe will ever fit all.  A given faith-based organization may be institutionally incapable of relating beneficially to the life circumstances or unique challenges facing a given welfare recipient and not possess the wisdom of insight to realize it.  At best, they can help some of the people some of the time, but they can’t come close to helping all of the people all of the time. 

 

By their very nature, faith-based organizations carry tangible biases regarding moral values and social engineering theory.  In virtually any instance, the specifics of their biases won’t enjoy universal acceptance.  They may be racially, religiously, or socially prejudiced, and therefore potentially in conflict with the beliefs of either the welfare recipient, the pluralistic interests of the larger community, or both.  This creates problems for establishing equitable standards within the government’s selection process that defy transcendence.  Whatever the government’s selection criterion might turn out to be, it couldn’t possibly accommodate all private sector organizations having legitimate stakes in matters of faith and charity causes.  The hard truth is that any organization that is authorized government money and authority to dispense welfare entitlements enjoys a competitive edge over the organizations that are not so authorized.  In such case, the un-funded organizations face an undercutting of their ability to perform the useful work they can.  Forcing the welfare recipients under the tutelage of the funded organization may actually deter the recipients from connecting or sustaining connection with the kind of motivational support and guidance that best suits their circumstances.  In such case, the funded organizations end up enhancing their own influence at the expense of both the welfare recipients and the eclectic effectiveness of the larger religious and human service community.

 

Anyone who asserts that welfare recipients don’t have a “charitable choice” under a government run system, are really indulging in political sophistry.  When was it that any charity organization didn’t have the right to engage in community outreach and thus assist the interested and willing?  When was it that any welfare recipient didn’t have the right to solicit guidance and support from among the various churches and charity organizations?  If some non-profit organization is so sterling in the help it provides, then the word will get around and both private sector donations and the needy will come knocking without needing government money and authority to leverage attention.  The truth is that government funding is advantageous in terms of achieving the kind of official status that funnels the welfare eligible to the organization’s door.  Although always touted to be in the name of righteous causes, the result may end up being beneficial only to the organization’s proprietors and not to the poor and underprivileged they allegedly serve. 

 

        Poverty’s Measure and Fundamentalist Causes

 

Finally, the blunt truth is that poverty has been an inherent problem since the dawn of civilization and its complete eradication is a distant ideal at best.  Undoubtedly, there are a significant number of citizens in this country that are poor and under privileged.  Still, being poor and under privileged is a condition that must be reckoned against some tangible objective standard.  That is, there is a large difference between simply being poor or under privileged and being completely destitute.  For instance, the United States Census measures poverty against a threshold standard of yearly income relative to family size.  In comparison, it is unlikely that the standards used by most other nations are nearly so generous. 

 

When all is considered, the percentages of officially poor or destitute Americans versus the objective depth of their collective plight, comes nowhere near to matching the problems of poverty and outright starvation in virtually every other part of the world.  Relative to global conditions, it would be grossly unfair to judge that our nation has performed so badly in keeping poverty levels in check (some statistics).  Notably also, we have managed to do quite well without feeding the religious charities with tax dollars.  In fact, one of the salient reasons that so many people migrate to this country (either legally or illegally) is because of the rich and often exploitable system of welfare entitlements that residency affords (example).  A private sector administered welfare system with diminished government oversight is bound to be even more amenable to exploitation.  In fact, the very process of implementing the TANF system has created a transitional condition of great national vulnerability.  Quite predictability, powerful right wing factions are vigorously endeavoring to exploit it.  With their ceaseless propaganda about cultural permissiveness and moral decay as justification, they are doing their deadly best to transform the public welfare system into a government-funded religious establishment. 

 

The fundamentalist solution for saving society from itself hasn’t changed very much in nineteen centuries.  Give them the throne of power and authority, they declare, and fashion the laws in accordance with their doctrinal and moral mandates, and all of society’s ills will magically shrink away.  The trouble is that the history of their religion’s participation in the world does not justify the claim.  In fact, their religion is by no means beyond accountability where matters of societal ills are concerned (Ten Commandments).  The nation’s collective efforts to keep poverty, illiteracy, and related problems in check will never benefit by legislating an overemphasis on religion.  Take for example the failed system of Roman Catholicism from Mexico to the tip of South America.  Their overlord brand of theocracy tolerates of no competitors, civil or religious, and this has inherently fostered weak and corrupt government.  Governments that fail to provide the necessary and sufficient systems of social welfare entitlements that their citizenry need.   Of course, if strong secular systems of social welfare were allowed to come into being, then the citizenry would no longer be so dependent on the church in times of need.  That kind material and psychological dependency the church dearly endeavors to sustain, and that precludes allowing superior independent systems of state run welfare to exist.  Although a sectarian conglomerate of both protestant and catholic players is behind the current faith based welfare movement, the same underlying motive of church versus state power and authority is nevertheless in play.    The imposition of “charitable choice” and “faith based” social welfare are decisively insidious steps toward eventually consuming the United States of America under an archaic and totalitarian theocratic design. The great strength, vitality, and promise of America is in its plurality and diversity, be it racial, ethnic, occupational, religious, philosophical, or in matters of personal lifestyle. These precious freedoms are the very things that fundamentalist religion has always openly and even violently sought to discourage.  The precious freedom of differing points of view and choices about matters of religion and morality can only exist in a nation where separation between government and religion is enforced. 

 

Conclusion

 

The bottom line is that the American taxpayer should not accept paying for a public welfare system that stands to be religiously monopolistic, socially discriminatory, increasingly costly, and constitutionally destructive.  Undoubtedly, it is difficult to fashion and sustain a welfare system that is completely impartial in matters of race, ethnic background, religion, or lifestyle circumstances.  However, a civil service administered welfare system, which is bound to constitutionally enforced standards of neutrality, has at least a reasonable chance of approximating that ideal.  In contrast, a welfare system inherently biased by an evil mix of religious and profit motives can never possibly come close. The Sixth Article and First Amendment were explicitly intended to guarantee freedom of religion and therefore also protection from conscription to religion.  All citizens of this nation, regardless of their social or economic status, have the sacred civil right to such entitlements without coercion or conscription by religion or any other factionist social ideology.  The “charitable choice” and “faith based” legislative agenda is indicative of a constitutionally anarchistic trend in American politics that threatens those basic civil rights.  The pragmatically and constitutionally valid answer is to scrap private sector involvement altogether and distance the core welfare programs from the politically charged issues of “faith-based” participation.  Any argument about the present legislative snowball being impossible to stop is an insidious illusion.  If we were able to repeal AFDC after all these years, then we can certainly turn back from having the TANF program corrupted by the private sector opportunism that the “charitable choice” loophole has fostered.  To allow any faction, particularly even biblical religion, to achieve stewardship over our public welfare system, places the Constitution and the future of our basic civil rights as citizens and taxpayers in the gravest kind of danger.  The only tangible solution is to repeal the charitable choice clause and thereby have done with the president Bush’s faith-based extrapolations altogether.

 

This nation’s government stands on a vital balance of power between the rule of law and the rule of democracy.   The underlying assumption being that both are required in a just and free society.  The juxtaposition of power is guardian against prejudicial mob rule, but also intends a government for all of the people, not just some of the people.  Among other things, the Constitution was crafted to protect minority rights against the tyranny of the majority.  For the same reason, however, it is also intended to be guardian against the injustices that can be wrought by any powerful minority.  The religious right wing is such a minority.  They are the perpetrators of the faith-based movement and they have gained sufficient empowerment to steer all too many politicians down a very dangerous path.  If our elected officials are collectively subtending the Constitution in the service of factional religious interests, then a vital balance of legal power has come undone.  The present Republican administration is not the sole perpetrator of the faith-based agenda.  During the last presidential campaign, Al Gore drummed heavily on the charitable choice and faith-based welfare stump.  And one should not forget that it was President Bill Clinton who signed the TANF legislation into law with the charitable choice clause attached.  Now, with Joe Lieberman and company fueling the initiative from the Democratic side, an influential bipartisan coalition is visibly operative, one that is indicative of a dangerous epidemic of factional corruption infecting our entire political system.  

 

When the point is reached where we can no longer trust our elected officials to protect, defend, and support the Constitution against the wages of centrist compromise politics, then it is time to elect some patriots and statesman that will, and run the anti-constitutional deadbeats out of government.  Help restore our government and this country’s domestic agenda to constitutional health. Familiarize yourself with the agenda and voting record of your local congressional representatives and tell them what you expect.  Simply don’t vote for them if they are not coming across with the right stuff (Resource) (Resource).  Register to vote.  The right wing thrives on public ignorance and low voter turnout.  Write the news syndicates, or build a web page in protest.  Join or support organizations like the Americans United For Separation of Church and State, the American Civil Liberties Union, and People for the American Way.  They have demonstrated track records of frontline opposition against these movements.  We must stand against this irresponsible “faith-based” welfare reform agenda and its antecedent charitable choice clause.  Ask yourself, wouldn’t it be political suicide for the President or any other elected official to advocate repeal of the First, Thirteenth, or Fourteenth Amendments?  In view of that, it should also be political suicide for them to treat those vital articles of American law as if they didn’t exist.  They are integral to the supreme law of this nation.  Demand that Congress obey the mandates therein, demand that the President obey, and demand that the Supreme Court uphold them!  Each one of us has but one voice and one vote to apply to the political issues of our time.  Still, what each of us does with ours may very well decide the fate of our Nation’s sacred traditions of liberty and justice for all time to come.  (Litigation)

 

          END

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