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Forty Years Of Welfare Policy Experimentation: No Acres, No Mule, No Politics, No Rights, Julie Nice
Forty Years Of Welfare Policy Experimentation: No Acres, No Mule, No Politics, No Rights, Julie Nice
Julie A. Nice
This essay is drawn from a keynote address for a symposium on Ten Years After Welfare Reform: Making Work Pay. The keynote was delivered on the fortieth anniversary of the assassination of Martin Luther King, Jr., who was then on the cusp of launching his Poor People’s Campaign. Professor Nice argues that the momentum toward a meaningful anti-poverty movement was stymied by the untimely deaths in 1968 of both Dr. King and the leading anti-poverty scholar, Professor Jacobus tenBroek. Examining anti-poverty policy over the forty years since their deaths, Professor Nice criticizes the narrow focus of scholars on social policy, …
Making Conditions Constitutional By Attaching Them To Welfare: The Dangers Of Selective Contextual Ignorance Of The Unconstitutional Conditions Doctrine, Julie Nice
Julie A. Nice
This article examines the lack of judicial consistency in applying the Unconstitutional Conditions doctrine with regard to the same constitutional guarantee but involving different public benefits. Professor Nice posits that the courts frequently apply a lower level of scrutiny when conditions are attached to welfare benefits than when conditions are attached to other types of government benefits. She specifically examines this inconsistency among decisions involving Free Exercise and Takings. She shows that the Supreme Court has reduced its regular level of heightened scrutiny and instead applied Dandridge-style deference to uphold welfare conditions. For example, in a series of free exercises …