Revisiting the Mayflower Compact, 395 years later

Cape Cod and Plymouth (NASA Satellite image, April 1997)

Cape Cod and Plymouth (NASA Satellite image, April 1997)

In November 1620, the Mayflower was bound for Virginia but found itself diverted by storms to what is now Massachusetts. The leadership on board made a decision to establish a colony there instead of attempting to continue to the Mid-Atlantic. They also made a hasty decision to draw up their own emergency charter for a new, separate colony. While this may have been a bid to retain control over a ship full of passengers who weren’t all part of the religious mission or colonial vision of the elites leading the mission, the result was the Mayflower Compact. The lost original document likely occupied a single page in large handwriting. Yet in that limited space, it explained the premise and goal for any future governmental structures or laws in the colony: a just and equal self-governance dedicated to the common good.

We also know approximately what it said. Here is an excerpt from the core of The Mayflower Compact:

“Having undertaken, for the glory of God, and advancement of the Christian faith, and honor of our King and Country, a voyage to plant the first colony in the northern parts of Virginia, do by these presents solemnly and mutually, in the presence of God, and one another, covenant and combine our selves together into a civil body politic, for our better ordering and preservation and furtherance of the ends aforesaid; and by virtue hereof to enact, constitute, and frame such just and equal laws, ordinances, acts, constitutions and offices, from time to time, as shall be thought most meet and convenient for the general good of the Colony, unto which we promise all due submission and obedience.”

 

While that’s pretty easy to read for an early 17th century charter, it also certainly is still a bit confusingly written and “old-timey.” Here is my attempt at a somewhat cleaned up and streamlined paraphrasing of the key objectives that could also be applied in a more general context:

Those present — solemnly and mutually, in the presence of one another — covenant and combine ourselves together into a civil body politic, for our better ordering and preservation. [For this purpose, we pledge to] enact, constitute, and frame such just and equal laws, ordinances, acts, constitutions, and offices as shall be thought most convenient for the general good, unto which we promise all due submission and obedience.

 
This, in essence, means that government is a mutual compact between a collective of people. They promise each other that this government will be dedicated to establishing order in and ensuring the survival of society. To achieve this, the government must be based on laws, ordinances, acts, and structures which apply equally and justly to everyone in the society and which promote the “general good.” And to make it all work, everyone promises to submit to this rule of law and follow the order established by this collective government, as far as was reasonable to expect. (The words “all due” before “submission and obedience” — in my opinion — qualify that it is not requiring unlimited obedience without challenge to unjust authority.)

At the time, of course, they meant this self-government really to apply to wealthy and free men aboard the ship. But as you can see, they never actually specified that in the text. Thus, these become universalizable principles for participatory collective self-governance in a free, fair, and just society for the promotion of the common good and common self-preservation.

The Compact is so simple, brief, and non-specific that its core elements — with very few points removed — can apply to any society that wishes to adopt its principles.

It is a bold and noble compact with one another that we the people would do well to renew, as we approach its 400th anniversary in 2020.

Sen. Warren seeks to stop employers from running credit checks

elizabeth-warren47% of companies use credit checks as part of their hiring process for some positions. 1 in 7 people believe that poor credit scores kept them from being hired.

Senator Elizabeth Warren hopes to change that. Warren (D-MA) and Representative Steven Cohen (D-TN) have introduced a bill to prevent employers from running credit scores on potential hires. The duo believe that not only are credit scores frequently inaccurate, but they are also blatantly prejudicial, giving an advantage to wealthy applicants whose savings were able to buoy them during difficult times.

The use of credit scores in hiring is troublesome for a number of reasons. Primarily, as Demos Senior Policy Analyst Amy Traub reports studies on the matter have “found no correlation between personal credit and propensity to commit theft or any other ‘counterproductive workplace behaviors.” So, while this process is fruitless for learning about prospective hire’s ability to do the job well, it does allow employers to discriminate on the basis of wealth.

Warren explains:

“This is about basic fairness — let people compete on the merits, not on whether they already have enough money to pay all their bills.”

 
Ten states have already banned the use of credit scores in hiring, most recently Nevada. Warren and Cohen hope to make the ban federal. The bill that Warren introduced in the Senate, the Equal Employment for All Act, is cosponsored by six other Democratic Senators and supported by more than 40 organizations.

AFD Micron #19

Curt Schilling’s tweet: “It’s said only 5-10% of Muslims are extremists. In 1940, only 7% of Germans were Nazis. How’d that go?” wouldn’t make his point even if the numbers were accurate. Unless Curt Schilling is suggesting discrimination against Muslims is the only way to be effective against Muslim terrorists because discriminating against Germans is such an effective way of dealing with Nazis…. which would be a little weird for a guy named Curt Schilling.

arsenal-micron-logo

The origin story of minimum wage laws, part 1

Part 1: New Zealand, Australia, Massachusetts, the New Deal, and China: How governments took an active role initially, and how they balance economic variability now. || This original research was produced for The Globalist Research Center and Arsenal For Democracy.

More than 150 countries have set minimum wages by law, whether nationwide or by sector. Other countries have no legal minimum, or governments play a different role in wage setting processes.

Where in the world did government-set minimum wages originate?

In 1894, over 120 years ago, New Zealand became home to the first national law creating a government role for setting a minimum wage floor – although this may not have been the initial intention.

The Industrial Conciliation and Arbitration Act established an arbitration court made up of both workers and employers. It was intended to resolve various industrial-labor relations disputes in a binding manner. The goal was to avoid all labor strikes.

The court was empowered to set wages for entire classifications of workers as part of these resolutions. It did not take long for this to evolve into a patchwork of rulings that effectively covered all workers.

Today, New Zealand’s hourly minimum wage is about equivalent in purchasing power parity (PPP-adjusted) terms to US$9.40.

Which country first adopted a living wage?

In the 1890s, neighboring Australia was still a loose collection of self-governing British colonies, rather than one country. One colony, Victoria, was inspired by New Zealand to adopt a similar board with wage-setting powers. This occurred shortly before the Australian colonies federated together in 1901 to become one country.

In 1907, Australia pioneered what is now known as a “living” wage when the country’s new national arbitration court issued a ruling in favor of a nationwide minimum wage.

That court specified that it had to be high enough to fund a worker’s “cost of living as a civilised being.” While the ruling soon ran into legal trouble from the federation’s Supreme Court, it remained a crucial precedent in future labor cases.

To this day, Australia has a generous minimum wage. The current rate is about equal to US$11.20 in PPP-adjusted terms. This represents about 55% of median pay. However, New Zealand’s minimum wage is actually proportionally higher, at 60% of median pay.

N.B. Purchasing-power currency conversions are from 2012 local currency to 2012 international dollars rounded from UN data.

Which U.S. state had the first minimum wage?

In the United States, a minimum wage mechanism was first introduced in 1912 at the state level — but specifically for female workers (and some child laborers) — in Massachusetts.

The state passed a law to create a “Minimum Wage Commission” empowered to research women’s labor conditions and pay rates, and then to set living wages by decree. For any occupation, the Commission could set up a “wage board” comprising representatives of female workers (or child workers), employers, and the public to recommend fair pay levels.

The Commission’s decreed wage had to “supply the necessary cost of living and to maintain the worker in health.”

1912, the year Massachusetts passed the law creating the commission, was part of a period of major reforms in the United States, which had become the world’s largest economy.

These changes gave government a more active legal role in economic policy. In 1913, the country adopted the Sixteenth Amendment to the U.S. constitution, which made possible a federal progressive income tax. Also in 1913, the Federal Reserve System was created.

More than a dozen U.S. states followed Massachusetts within less than a decade. However, they had to contend with frequent battles before the U.S. Supreme Court on the constitutionality of government-set minimums. Read more

MA legislature blocks Gov. Baker’s painful education cuts

massachusetts-statehouse

Last week the State Senate voted to restore much of the education funding to the Massachusetts State budget, including: $5.25 million to the University of Massachusetts, $217,000 for Quinsiggamond Community College, and, perhaps most importantly, $17.6 million in kindergarten grants. The House followed along the same lines.

By July 30, lawmakers had restored 60% of Governor Baker’s $162 million budget cuts (via line-item veto) to the $38.1 billion Massachusetts budget originally sent to his desk. As to be expected in Massachusetts, a state consistently ranked as having one of the country’s best public education systems, it was the cuts to education that drew the most attention and ire.

Senate President Stanley C. Rosenberg (D) spoke strongly about the need to keep funding for education:

“If we’re serious about closing the income inequality gap, expanding educational opportunities for working families must be an important priority. By overriding the governor’s ill-advised education vetoes, we’re helping middle-class kids get the tools they will need to prosper in a demanding and competitive economy.”

 
Governor Baker, who ran and won his seat as Governor as a moderate Republican in a deeply blue state, has been evasive when it comes to his true opinion of early childhood education. While running for governor, he insisted:

“We need to make sure there’s a runway here between pre-k into strong elementary and middle school and high school education.”

 
However, as a candidate, he refused to pledge to shrink the waiting list of 17,000 low-income students hoping to get a spot in a subsidized pre-kindergarten program.

As governor, Baker has frequently pointed to the cost of pre-Kindergarten programs, but vetoed a program to establish best practices for cost-control in pre-K programs. Baker also frequently sites a Brookings Institute study, which notes the disappearance of benefits of a pre-K program by the third grade if students are in under-preforming schools. This seems like a thin defense for cutting pre-K programs, but an important reason to figure out how to improve pre-K programs.

Governor Baker points out that the $17.6 million of kindergarten grants he planned to cut was part of a program originally intended to help school districts establish full-day kindergartens and with 90% of MA towns now providing full-day kindergarten, the grants no longer fulfill their original purpose. Many school leaders say their kindergarten programs rely on this funding and if it is to disappear, it should do so gradually, not all at once, leaving school districts in the lurch.

The cut of these kindergarten grants was overridden unanimously in both the House by a vote of 155-0 and the Senate by a vote of 38-0.

The truth is that Baker governs a state where 73% of residents support early childhood education and 53% would support raising taxes to support it. With polls like this one, it is easy to see that Baker’s values may not match up with the state he is governing. It is hard to believe that short-sighted budget cuts like this one will not come back to haunt him.

3 Dem Senators say NCLB reforms don’t go far enough

capitol-dome-large

The US Senate passed a bill last Thursday, which would overhaul No Child Left Behind (NCLB) legislation, by a strong bipartisan vote of 81-17.  Only three Democratic Senators voted against passage of the Senate’s version of the bill: Elizabeth Warren (MA), Chris Murphy (CT), and Cory Booker (NJ).

These three Senators, along with Senator Chris Coons (D-DE), had with broad Democratic support unsuccessfully introduced an amendment to the bill, called the “Murphy Amendment.” The amendment had called for states to identify schools that required intervention: the lowest performing 5% of schools in the state; high schools where less than 2/3 of students graduate on time; and any school where poor, disabled, or English language learner (ELL) students do not meet state-set goals for two consecutive years.

States would then be required to set-up an intervention strategy to better support those schools. Unlike the original NCLB legislation, under-performing schools would not lose funding, but would receive extra support to create a long-term plan to improve education outcomes.

All but three Democratic Senators voted in favor of the Murphy Amendment. The exceptions were Florida’s Bill Nelson (who did not vote), New Hampshire’s Jeanne Shaheen, and Montana’s Jon Tester. The only member of the Republican majority to join them was Rob Portman of Ohio.

Supporters of the amendment (including the President) believed that this amendment would have allowed the education reform bill to also serve as a civil rights bill, forcing each state to live up to its responsibilities to all of its citizens. A press release from Senator Murphy’s office notes the support the amendment received from civil rights advocates:

“While many educators hail the Senate bill as an improvement over the current federal education system, a coalition of 36 civil rights organizations are concerned there won’t be enough accountability, and that failing minority and disabled students will fall through the cracks.”

 
Accountability is a key term in the debate over education reform. Senator Booker says the reforms which passed in the Senate do not, “provide meaningful accountability measures that address the disparate achievement gaps for low-income students and students of color.” Without appropriate safeguards to identify and serve the states’ failing students and schools, there will be no way to tell if the bill is effective or fair.

The amendment’s opponents claim that the amendment would retain NCLB’s emphasis on testing, since states would be required to use test scores in their formula to determine failing schools. However, the amendment would give more power to the states to use other measures in their formula as well, such as high school graduation rates.

Senator Warren, who initially voted for the bill as a member of the Education Committee, explained her vote on the final bill:

“In many ways, this bill represents a significant improvement from No Child Left Behind, moving away from rigid standardized tests and respecting the vital work that our teachers do every day–and I strongly support those changes. But this bill is also about money, and it eliminates basic, fundamental safeguards to ensure that federal dollars are actually used to improve both schools and educational outcomes for those students who are often ignored.”

 
Although the Murphy Amendment was rejected, it remains relevant in the NCLB overhaul debate. The U.S. House passed a much less bipartisan reform bill on July 8, by a margin of one vote after a sizable Republican revolt and unified Democratic opposition.

The House of Representatives, the Senate, and the White House will now have to work to merge the House version and the Senate version into a bill that President Obama will sign. The call to make this a sweeping civil rights bill and the need to ensure that bill brings improvement to our nation’s education system are themes that are sure to echo throughout DC and around the country in coming weeks.

Warren, Booker, and Murphy have probably foreshadowed much of the debate ahead, as each legislator lobbies for their vision of education in America in the ultimate version of the legislation.

Are trade deal worker & eco protections actually enforced?

Not if history is any indication according to a detailed new report from Sen. Elizabeth Warren’s office:

On Monday, Warren fired back, showing that Obama simply has not effectively enforced existing labor standards in prior trade pacts. According to the report, a host of abuses, from child labor to the outright murder of union organizers, have continued under Obama’s watch with minimal pushback from the administration.

“The United States does not enforce the labor protections in its trade agreements,” the report reads, citing analyses from the Government Accountability Office, the State Department and the Department of Labor.