By CHARLES KESSLER [Imprimus] – In its own time, the New Deal was extremely popular. Among its novel elements was a new kind of economic rights. The Progressives at the turn of the century had grown nervous over the closing of the American frontier and the rise of large corporations—developments they thought threatened the common man’s equality of opportunity. Aside from anti-trust efforts and war-time taxation, however, the Progressives did not get very far toward a redistributive agenda, and were actually wary of proclaiming new-fangled rights. They were more comfortable with duties than rights, and disapproved of the selfish penumbras cast by the natural rights doctrines of old. Woodrow Wilson and Teddy Roosevelt preached moral uplift—doing your duty in a more socialized or socialistic era. They tended to associate rights talk with individualism of the backward-looking sort. It took the cleverness of FDR and his advisors to figure out how rights could be adapted to promote bigger government and to roll back the old regime of individualism and limited government.

What was this new concept of rights? Instead of rights springing from the individual—as God-given aspects of our nature—FDR and the New Dealers conceived of individualism as springing from a kind of rights created by the state. These were social and economic rights, which FDR first proclaimed in his campaign speeches in 1932, kept talking about throughout the New Deal, and summed up toward the end of his life in his annual message to Congress in 1944. These were the kinds of rights that the New Deal especially promoted: the right to a job, the right to a decent home, the right to sell your agricultural products at a price that would allow you to keep your farm, the right to medical care, the right to vacations from work, and so on. FDR elevated these rights to be parts of what he called “our new constitutional order.”

Of course, not all of these rights were enshrined in law.

Continued (as a printable .pdf) at Imprimus | More Chronicle & Notices.