Ackerman & Alstott - 1999 - The Stakeholder Society
Ackerman & Alstott - 1999 - The Stakeholder Society
Bruce Ackerman
Anne Alstott
Ackerman, Bruce A.
The stakeholder society / Bruce
Ackerman, Anne Alstott.
p. cm.
Includes bibliographical references and
index.
ISBN 978-0-300-07826-8 (alk. paper)
1. Income distribution. 2. Social justice.
3. Welfare economics. 4. Taxation. 5. Tax
incidence. 6. Wealth. I. Alstott, Anne,
1963- .II. Title.
HB523.A27 1999
658.4'08-<lc21 98-31559
ISBN 978-0-300-08260-9 (pbk.: alk. paper)
A catalogue record for this book is available
from the British Library.
For Russ
This page intentionally left blank
Contents
Acknowledgments ix
Introduction
1 Your Stake in America 1
vii
I viii Contents
ix
I x Acknowledgments
in the law school. We took to the highway and presented the manu-
script at law school workshops at Columbia, Georgetown, and Har-
vard. This book has been greatly clarified by these encounters.
And then there were many one-on-one (or one-on-two) conversa-
tions and E-mails. The ones that particularly stick in our minds in-
volved Barry Adler, Matt Adler, Greg Alexander, Ian Ayres, Jack Balkin,
Ben Barber, R. Bhaskar, Boris Bittker, Patrick Crawford, Einer El-
hauge, Bob Ellickson, Heidi Feldman, Owen Fiss, Barbara Fried,
Herbert Cans, Beth Garrett, Michael Graetz, Amy Gutmann, Henry
Hansmann, Dan Kahan, Al Klevorick, Larry Lessig, Jerry Mashaw,
Glaus Offe, Ned Phelps, Andrezj Rapaczynski, Roberta Romano, Susan
Rose-Ackerman, Chuck Sabel, Peter Schuck, Vicki Schultz, Alan
Schwartz, Dan Shaviro, Reva Siegel, Reed Shuldiner, Bill Stuntz, Mark
Tushnet, Amy Wax, Jim Whitman, Allen Wood, Bill Young, Larry Ze-
lenak, and Eric Zolt.
Our students at the Yale Law School have been among our most
astute critics. They took the lead in dissecting The Stakeholder Soci-
ety in our seminar on tax policy and distributive justice. These discus-
sions led to many valuable changes. We are especially indebted to the
students who signed on as research assistants: Stacey Abrams, Liza
Goitein, Jessica Sager, Phil Spector, and Lucy Wood.
We were particularly fortunate in our collaboration with Mark Wil-
helm, then an assistant professor in the economics department at
Pennsylvania State University and now at Indiana University-Purdue
University at Indianapolis. Mark had already done substantial work
with the crucial data sets, and he brought this experience to bear in
simulating the revenue and distributional effects of our wealth tax.
Marks careful empirical work helped us bring our wealth tax proposal
further into the real world. He did an outstanding job, and we are very
grateful to him.
We were also lucky enough to call upon research assistance from
two students formally trained in economics. Sarah Senesky, a Ph.D.
Acknowledgments xi 1
Americans have always had an uncertain love affair with equal oppor-
tunity. We believe in it, we know it really doesn't exist in today s world,
and yet we have learned to live comfortably in the gap between ideal
and reality. After all, aren't all ideals elusive?
Perhaps unequal opportunity was easier to accept when a booming
economy guaranteed that children from every class did better than
their parents. Even if lower-class kids still ended up near the bottom,
they had a sense of participating in the general upward movement.
But those halcyon days are over.1 Although the economy as a whole
continues to prosper, the last generation s vast increase in wealth has
utterly failed to "trickle down" to the overwhelming majority of Amer-
icans. The indisputable fact is that almost all our newfound abundance
has gone to the top 20 percent.2
The statistics on income and wages are no less grim. Since the early
1970s, the average family's income has grown little, and the typical
male worker has seen his real wages decline. Only the entry of vast
numbers of women into the labor force has produced meager gains in
1
I 2 Your Stake in America
People have an equal right to exploit the opportunities that come their
way. Freedom comes first, and whenever taxes go up, individual free-
dom goes down.
We mean to define a third way. Like libertarians, we emphasize
each person s right to make the most of his or her opportunities. But
we deny that the "invisible hand" distributes these opportunities in a
morally defensible way. Like welfarists, we believe in social responsi-
bility. But for us, the central task of government is to guarantee gen-
uine equality of opportunity. Americans who begin life with greater
opportunities cannot complain when their tax dollars go toward ex-
panding the life-options of the less privileged. Such a program redis-
tributes opportunities more fairly, permitting all citizens to begin life
on a level playing field.
Our proposal for a stakeholder society takes one large step toward
this ideal. The program we describe is very different from the status
quo, yet it is both realistic and politically attractive. Our reforms are
unfamiliar because our goal challenges the existing mix of libertarian
and welfarist policies of American government. We hope to displace
the tired debate between supporters and critics of the welfare state
with a new question: How do we achieve genuinely equal opportunity
for all?
We reject the idea that there is an inexorable tradeoff between lib-
erty and equality. The stakeholder society promises more of both.
A Common Bond
Turn back the clock half a century and consider a very different Amer-
ica. For most citizens, World War II had marked a great collective
achievement for the nation. Both on the battlefront and on the home
I 6 Your Stake in America
high school diploma. Nor should he get all the money at once; the
stakeholding fund should provide payments of twenty thousand dollars
every year or two as citizens move through their early twenties. And so
forth.
But it is better to defer questions of program design for now and
consider more basic issues of principle.
fail, and in ways that they will come to regret bitterly. The question is
whether these predictable failures should serve ds a reason to deprive
tens of millions of others of their fair chance to pursue happiness.
We say no. Each individual citizen has a right to a fair share of the
patrimony left by preceding generations. This right should not be con-
tingent on how others use or misuse their stakes. In a free society, it is
inevitable that different stakeholders will put their resources to differ-
ent uses, with different results. Our goal is to transcend the welfare
state mentality, which sets conditions on the receipt of "aid." In a
stakeholding society, stakes are a matter of right, not a handout. The
diversity of individuals' life choices (and the predictable failure of
some) is no excuse for depriving each American of the wherewithal to
attempt her own pursuit of happiness.
Nor is it a reason to transform stakeholding into yet another exer-
cise in paternalistic social engineering. In our many conversations on
the subject, somebody invariably suggests the wisdom of restricting
the stake to a limited set of praiseworthy purposes—requiring each
citizen to gain bureaucratic approval before spending down his eighty
thousand dollars. Won't this allow us to redistribute wealth and make
sure the money is well spent?
This question bears the mark of the welfarist mindset. The point of
stakeholding is to liberate each citizen from government, not to create
an excuse for a vast new bureaucracy intervening in our lives. If stake-
holders want advice, they can buy it on the market. If people in their
twenties can't be treated as adults, when will they be old enough?
Admittedly, there will always be some Americans who are pro-
foundly unequal to the challenges of freedom. It would be silly to sup-
pose that victims of profound mental disability were capable of
managing their eighty thousand dollars on their own. More controver-
sially, we would also deny full control over their stakes to Americans
who cannot demonstrate the self-discipline needed to graduate from
high school. We agree, alas, that more traditional forms of bureau-
I 10 Your Stake in America
cratic control may be needed to deal sensibly with these tough cases.
But we refuse to allow trendy talk of "underclass" pathologies to divert
our attention from another and equally pressing problem. Quite sim-
ply, there are tens of millions of ordinary Americans who are perfectly
capable of responsible decision-making in a stakeholding society but
are now becoming the forgotten citizens of our globalizing economy.
We are speaking of the ordinary Joe or Jane who graduates from
high school or maybe a two-year college and who then confronts an in-
creasingly harsh labor market. For this enormous group, stakeholding
will provide a priceless buffer against the predictable shocks of the
marketplace. A temporary economic setback will no longer quickly
spiral into a devastating loss of self-confidence or a grim period of de-
privation. The stake will provide a cushion in hard times and a source
of entrepreneurial energy in better ones.
In emphasizing these ordinary Americans, we do not wish to belit-
tle the importance of stakeholding for those at the top and the bottom
of our economic hierarchy. For the top quarter of the population,
those graduating from four-year colleges, stakeholding will not only
eliminate the crushing burden of student loans. It will also inject
much-needed competition among universities for the stakeholding
dollar, generating a more responsive and effective system of higher ed-
ucation. For those growing up in the ghettos of America, stakeholding
will provide a beacon of hope: stay in school and graduate, and you will
not be forgotten. You will get a solid chance to live out the American
dream of economic independence.
But stakeholdings message will have a special salience to the broad
middle group of Americans, who constitute about two-thirds of the
entire population. After all, existing governmental programs already
heap large educational subsidies on those who can successfully nego-
tiate the challenges of four-year college; even in todays conservative
climate, we have not entirely given up on special programs that ad-
dress the needs of ghetto youth. But at present, ordinary Americans
Your Stake in America 11 1
really are forgotten Americans. After they leave school, they confront
the market without much to fall back on. Whilg stakeholding offers
economic independence for all, its promise will have special meaning
to middle America—which should rally to its support once it has been
persuaded that government can be made to work again for ordinary
people.
This leads us to our larger political objectives. We propose to revi-
talize a very old republican tradition that links property and citizenship
into an indissoluble whole. In earlier times, this linkage was often used
for exclusionary purposes.12 In colonial America, for example, suffrage
and office-holding were often restricted to those with substantial prop-
erty. But during the nineteenth centuiy, a serious effort was made to
reverse the linkage. Most famously, the Homestead Act refused to
offer up Americas vast resources to the highest bidders, but encour-
aged citizens to stake their claims for a fair share of the common
wealth. During Reconstruction, Radical Republicans led a spirited
campaign to couple the Fourteenth Amendments grant of citizenship
to black Americans with a stake cawed out of rebel property.
This campaign failed, and the closing of the frontier heralded an in-
creasing split between property and citizenship in American thought
and practice. Even those genuinely concerned with economic dignity
looked elsewhere: socialists would settle for nothing less than the abo-
lition of private property itself; more moderate reformers aimed to
build a strong state apparatus capable of regulating the capitalist sys-
tem. Now that we have had experience with the limitations of both
these experiments, isn't it time to consider another path?
We do not join those who would cheerfully sweep away the legisla-
tive achievements of the Progressives, the New Deal, and the Great
Society. Many of these reforms have withstood the test of time, and
others merely require adaptations and refinements. But if we are to
confront the emerging problems of our own age, we must once again
attempt a fundamental redefinition of the progressive vision. Rather
I 12 Your Stake in America
Experiments in Stakeholding
Stakeholding is a simple idea, and one whose time has come. This
seems to be the assessment of some astute politicians who have gained
great followings through initiatives that bear a family resemblance to
our proposal. Margaret Thatcher is a case in point. When she became
prime minister of Great Britain in 1979, 32 percent of all housing was
publicly owned. Although bent on sweeping privatization, Thatcher
refused to sell off these vast properties to big companies. She invited
residents to buy their own homes at bargain rates. With a single stroke,
she created a new property-owning citizenry, and she won vast popu-
larity in the process.13
A more sweeping initiative took place in the Czech Republic in the
aftermath of the Communist overthrow of 1989. The prime minister
elected in 1992, Vaclav Klaus, confronted a much larger task than
Thatchers: the state sector contained seven thousand medium and
large-scale enterprises, twenty-five to thirty-five thousand smaller ones.
How to distribute this legacy of Communism? Klaus saw his problem
as an opportunity to create a vast new property-owning class of Czech
citizens.
The mechanism was the ingenious technique of "voucher privatiza-
tion/* Each Czech citizen could subscribe to a book of vouchers that
he could use to bid for shares in state companies as they were put on
the auction block. An overwhelming majority—8.5 out of 10.5 mil-
lion—took up Klaus's offer and claimed their fair share of the nation's
Your Stake in America 13 I
wealth as they moved into the new free-market system. Klauss cre-
ative program helped cement his position as the leading politician of
the Republic. More importantly, the broad involvement of citizen-
stakeholders played a central role in legitimating the country's transi-
tion to liberal democracy.14
Thatcher and Klaus conceived of their initiatives as one-shot affairs.
But the citizens of Alaska have made stakeholding a regular part of
their political economy. Once again, the occasion was the distribution
of a major public asset, in this case the revenues from North Slope oil.
Rather than using it all for public expenditures, the Republican lead-
ership designed a stakeholding scheme that is now distributing about
one thousand dollars a year to every Alaskan citizen. Once again, the
system has become broadly popular, with politicians of both parties
regularly pledging that they will not raid the symbolically named Per-
manent Fund.15
Taxing Wealth
less material but have even greater value. Most notably, the free enter-
prise system did not drop from thin air. It has emerged only as the result
of a complex and ongoing scheme of social cooperation. The free mar-
ket requires heavy public expenditures on the police and the courts and
much else besides. Without billions of voluntary decisions by Americans
to respect the rights of property in their daily lives, the system would
collapse overnight.16 All Americans benefit from this cooperative ac-
tivity—but some much more than others. Those who benefit the most
have a duty to share some of their wealth with fellow citizens whose co-
operation they require to sustain the market system. This obligation is
all the more exigent when the operation of the global market threatens
to split the country more sharply into haves and have-nots.
This view gives our proposal a different ideological spin from those
pioneered by Margaret Thatcher and Vaclav Klaus. Surely there will
be some on the Right who will blanch at the implications of our pro-
posal. But we do hope that many others will come to see its justice. We
expect a similar split on the Left. Some will be deeply suspicious of our
proposal to liberate stakeholding assets from the grip of the regulatory
state, leaving it to each citizen to spend his eighty thousand in the way
that makes sense to him. Others will be more impressed by the justice
of empowering all Americans to share in the pursuit of happiness.
We expect less resistance to the long-run aspect of our funding pro-
posal, which relies on stakeholders making substantial paybacks at
death. This will require us, however, to put some old questions about
inheritance in a new light.
Citizen Stakeholding
21
I 22 The Basic Proposal
viously, each Jew suffered terribly from discrimination, but this is not
enough for a hardheaded utilitarian calculus. After all, the pleasure of
the other 99 percent, the Aryans, must also be taken into account—and
is it so clear that the average Jew suffered ninety-nine times as much
as the average Aryan gained from his feelings of racial superiority?
Thought-experiments like this have led contemporary liberal polit-
ical theory to one of its most fundamental conclusions: utilitarianism,
at its core, does not take individualism seriously enough. Each citizen s
standing in society should not depend on whether he contributes to
others' happiness. We are not just cogs in a collective happiness ma-
chine. We are different people, each with rights of self-determination.
This is, of course, the great truth upon which libertarians insist. But
they combine this insistence with another false picture of society. They
tend to be supremely indifferent to the ways in which social back-
ground shapes cultural and economic starting points. It is as if we all
emerged as fully formed adults, in the manner of Botticelli's Venus, if
only to display a more emphatically commercial disposition.
But this radical anticontextualism is unacceptable. Every individ-
ual s personality is a product of dynamic interaction with the cultural
and educational opportunities made available in early life. For exam-
ple, a woman's sense of herself would be forever warped if her parents
deprived her of a primary education—and if the state did nothing to
make sure that this didn't happen. Thankfully, Americans have recog-
nized such obvious points; a primary education is compulsory in this
country. But the libertarian would have us ignore the more subtle, yet
still pervasive, ways in which educational inequalities shape the future
capacities of children to form and achieve their objectives in later life.
No less important, each person comes to maturity with an economic
endowment he cannot be said to deserve. In our society, starting
points are irrevocably shaped by parental wealth and position. But
nobody deserves his parents. The libertarian picture diverts us from
the morally arbitrary distribution of initial economic endowments. It
I 24 The Basic Proposal
Inequality in America
federal aid for the disadvantaged into their own Ideal school systems.26
Worse yet, further decentralization and privatization seem to be the
order of the day, rather than a movement toward metropolitan-wide
school systems and greater national efforts to provide poorer regions
of the country with greater educational resources. We oppose many of
these trends,27 but we see no evidence that the country is ready to re-
verse gears any time soon. In the absence of a fundamental change, we
are skeptical about the egalitarian promise of a massive injection of
money into primary and secondary education.
In the meantime, the existing system will continue to generate
harsh consequences, especially for the 75 percent of young Americans
who do not graduate from four-year colleges.28 Family income for this
enormous group has been stagnating for decades, as college graduates
have skimmed off the nations growth.29 Thanks to unequal schooling,
many of these Americans have failed to reach their full potential. At
the very least, they should be provided with their fair share of the na-
tion s property before confronting the full force of the marketplace.
Although stakeholding is not directly targeted at education, it may
well help ameliorate some of the underlying inequalities. Keep in
mind that each parent will start out adult life with eighty thousand dol-
lars, which can be used to improve children's opportunities. And if the
money were put toward a "rainy-day" fund—amounting to $160,000
in the case of a married couple—it may help provide children with
much-needed stability in their home environment. At present, unem-
ployment of a single wage-earner can lead to immediate household
catastrophe, especially for a family in the bottom half of the popula-
tion.30 Unemployment insurance is an important safeguard, but it is
temporary and not available in all cases.31 All too often, children bear
the brunt of the ensuing anxiety and dislocation.
But this is only the beginning of a long-term assessment of stake-
holdings impact on the socialization of the next generation. From
their earliest years, Americas children will be told of the stake that
I 30 The Basic Proposal
awaits them as adults. Especially for children born at the bottom, the
stake will stand as a symbol of hope. However grim their present situ-
ation, they will know that America has not given up on them. If they
stay in school and work hard, they will receive the wherewithal to pur-
sue the American Dream. It would be a serious mistake to underesti-
mate the motivating power of this message.
Over the long run, this message of hope may gradually erode one of
the principal sources of resistance to more egalitarian initiatives in
public education. Sheer racism is not the only cause of Americas
failure to redeem the promise of Brown v. Board of Education.
Middle-class resistance is also fueled by the fear that schools will be
overwhelmed by lower-class children, who will bring drugs and crime
along with them as well as a general disrespect for the value of educa-
tion.32 As time passes, stakeholding may help ameliorate these class
anxieties. As they prepare to claim their stakes, more poor children
will conform to middle-class values, and the transition to better racial
and economic integration will thereby be eased. This is a distant
prospect, and the case for stakeholding does not depend on it. But we
should not overlook the possibility that a national commitment to
stakeholding may catalyze a broader movement toward educational
equality.
It is much too quick, then, to suggest that stakeholding should await
some remote era in which America has made a great leap forward in
the provision of equal educational opportunity. Stakeholding can im-
mediately improve children's lives by enhancing their parents' free-
dom. And, in the long term, the causal arrow may fly in the opposite
direction: stakeholding may prove a much-needed catalyst for another
round of serious educational initiatives.
This conclusion gains further reinforcement when we turn from
our crystal ball to contemplate present institutional realities. As we
have suggested, there is absolutely no reason to suppose that a massive
movement toward metropolitan government and national revenue-
Citizen Stakeholding 31 I
Stakeholding as an Ideal
But the fact that a stake does not guarantee happiness is beside the
point. The unconditional grant makes it plain that Americans are will-
ing to put their money where their mouth is—to guarantee each citi-
zen the wherewithal needed to pursue happiness on his or her own
terms.
We do not suppose that our proposal suffices to achieve the ideal of
equal opportunity. Not only educational reform but the special prob-
lems posed by serious physical or mental handicaps are beyond the
scope of our initiative. And even within the limited domain of the mar-
ketplace, our proposal must be structured to take economic incentives
into account.34 For all its limitations, our proposal does represent a se-
rious step forward—and at a time when so many other forces seem to
be pushing us backward.
* There are some obvious corruption possibilities here. Private academies might spring
up to offer watered-down curricula leading to easily earned diplomas sufficient for
stakeholding. Public schools might also abet easy graduation in order to take some
pressure off state welfare rolls. There is also a danger of aggressive students intimidat-
ing individual teachers into giving them passing grades.
If these abuses proved serious, the federal government might be obliged to institute
a national examination for high school graduates before they could qualify for their
stakes or to require the states to come up with satisfactory exams of their own. Because
we favor such an exam on independent grounds, we think that this would be another
happy consequence of our proposal.
Citizen Stakeholding 39 I
holders name. While the recipient will initially be unable to gain access
to "his" money, he will see it grow, quarter by quarter, at market inter-
est. At the same time, he will doubtless be inundated with advice—
good, bad, and indifferent—on the best way to handle the funds once he
can get his hands on them. For all the noise, one message will emerge
over the din: "This is a key decision in your life. Don't blow it/*47
We would encourage this investment perspective further by giving
a distinctive structure to the transaction as the stakeholder approaches
her moment of truth. Rather than allowing her to cash out her Trea-
sury bonds all at once, she will be allowed to gain control over her in-
vestment portfolio only in twenty-thousand-dollar increments over a
four-year period. When the first quarterly statement arrives after her
twenty-first birthday, the stakeholder will be given a range of options
for her first twenty thousand dollars, ranging from rolling over her
Treasury notes to diversifying into mutual funds to buying individual
stocks to taking the money in cash. After mulling over her choices for
three more months, she will exercise her first option, and she will go
through the same exercise in each of the next three years.48
This will make Stakeholding an ongoing source of conversation and
comparison: "Look at the way Joe Blow is wasting his money! Doesn't
the fool recognize . .." "No, I think you're wrong. Joe knows what he's
doing..." The extended payout will also allow each stakeholder to learn
from her own mistakes and invest subsequent installments more wisely.
will prove by their actions that they are indeed capable of redeeming
the promise of maturity. Given this practical demonstration of individ-
ual responsibility, will it seem right to repeal the program merely be-
cause some young adults are misusing their freedom?
Admittedly, the misuse will come in a variety of shapes and sizes.
Some will be duped by out-and-out fraud. This is regrettable, but it
happens to people of all ages. The best response is a serious public
commitment to fighting fraud generally, not the punitive removal of
stakes from the entire population.
Another sort of misuse has its origins in class anxieties. Would the
working class, not to mention the very poor, be particularly susceptible
to short-run temptations? We doubt it. After all, they have been forced
to learn the value of every dollar. In contrast, the children of the upper
middle class have lived a charmed life as teenagers, and some will fail
to appreciate the seriousness of stakeholding. While they will un-
doubtedly receive better financial advice than their lower-class peers
do, they may be less hardheaded and more prone to underestimate
their downside risks.
Of course, some poor Americans do face multiple social prob-
lems—inadequate education, drug or alcohol abuse, a propensity to
violence—that leave them ill equipped for handling the financial re-
sponsibility of their stake. But, despite pervasive media images, the
size of the so-called underclass is actually quite tiny. Although mea-
surement and definition are inevitably imprecise, this group amounts
to less than 4 percent of the population, even at its upper bound.49
And most of these people would be excluded from full control of their
stake by the requirement of high-school graduation.
If anything, our program is likely to be too restrictive rather than
too inclusive. In recent years, the high school graduation rate has
hovered around 75 percent, with an additional 10 percent obtaining
high school equivalency diplomas in their twenties.50 If these numbers
remained constant, 15 percent of the population would fail to gain full
Citizen Stakeholding 41 I
supposedly free choices that hides the social and economic coercion
that will overwhelm stakeholders as they consider their options? Con-
sider a twenty-four-old woman whose lover spends her stake on his
own endeavors, all the while assuring her, "Don't worry, honey, I'll
take care of you for the rest of your life." Or the impoverished stake-
holder who has little choice but to use his stake to weather a period of
unemployment or to supplement his meager earnings. In what sense
do these stakeholders have any really meaningful choices?
If this critique suggests that the only freedom worth having is un-
limited freedom, it is impossible to satisfy. There is no such thing as a
coercion-free society. Whatever decisions we make, we must confront
the facts of scarcity and mortality, recognizing that our options are dra-
matically limited by our circumstances. For all of us, the only possible
freedom is the freedom to choose among a restricted set of options.
Once this is recognized, the claim of coercion seems inflated.
Stakeholding vastly increases the choices available to the young and
distributes them more fairly. To be sure, it only takes one large step to-
ward equal opportunity. Some young adults will have markedly supe-
rior educational and other social advantages that will help protect
them from a variety of overreachings. But the answer to this is to take
further steps to realize justice, not to restrict the freedom of the poor
and otherwise disadvantaged.
Perhaps the coercion critique is implicitly grounded in a more pes-
simistic view. Poor people have been so oppressed during early life
that they simply cannot function as free men and women capable of
shaping the larger contours of their lives. They live for the moment
and lack the cultural resources needed to adopt a long-run view and
take responsibility for their decisions.
We reject this view.51 It is based in part on self-fulfilling prophecy:
at present poor people correctly understand that they lack much
control over their futures and so, unsurprisingly, may opt for more
short-term satisfactions within their effective control.52 But because
Citizen Stakeholding 43 I
Liberal Community
A later chapter makes these themes more concrete by showing the big
difference that stakeholding might make in the lives of ordinary Amer-
icans. But for now, we shift our focus from the individual to the larger
community and consider what our initiative might mean for America s
sense of itself as a nation.
We intend to question a sharp dichotomy that threatens to become
one of the banalities of the age. Too often we are told that Americans
must choose between a stronger sense of community and a stronger
commitment to individual freedom.54 In this familiar view, our recent
infatuation with individual rights has eroded our sense of association
with the larger group. To restore equilibrium, we must radically change
our political conversation and reaffirm the collective values that bind
us together in concrete communities.
We disagree. Given the diversity of life and creed in todays Amer-
ica, a communitarian politics of virtue will be divisive at best, oppres-
sive at worst. It is simply silly to suppose that elected politicians, of all
people, could lead a sensitive moral dialogue that would invite the re-
ligious and the secular, the gay and the straight, the city slicker and his
country cousin, to a profound and tolerant understanding of each oth-
ers' way of life. Far more likely is the intensification of culture wars
and sporadic efforts to legislate morality and repress deviance. Rather
I 44 The Basic Proposal
45
I 46 The Basic Proposal
Immigrant Stakeholders?
Imagine a twenty-one-year-old English tourist arriving at Kennedy
Airport, hailing a taxi for New York City, and making his way directly
to the closest stakeholding office—only to leave empty-handed. While
nobody will have trouble denying the tourist a stake, it is easy to think
of harder cases. How strong a connection to America should be re-
quired?
Begin with longtime resident aliens. As long as they decline to take
the oath of citizenship, we should exclude them from stakeholding.
We see no reason to extend them rights of economic citizenship if they
do not voluntarily assume obligations of political loyalty.1
A harder question is whether all American citizens should qualify.
There are two problem cases. The first involves people who make
their claim based on the accidents of birth. Suppose that a French
graduate student gives birth to a baby boy while studying at Yale in
New Haven and shortly afterward returns with her child to Paris,
where they live for the next twenty years. A day before the boy turns
The Stake in Context 47 I
twenty-one, he takes the plane from Paris to New York to make his
claim at the stakeholding office. Under the Fourteenth Amendment,
he qualifies as a citizen by birthright. Should he be entitled to take his
eighty thousand dollars and return immediately to Paris?2
A second case involves citizens by naturalization. Our hypothetical
immigrant arrives in this countiy as a teenager and takes his oath of
citizenship the day before he turns twenty-one. He immediately pro-
ceeds to the stakeholding office to make his claim. Should it be
accepted?
It is tempting to err on the side of generosity, but we urge restraint.
Lets start with the naturalization case. In 1996, of the more than 1
million immigrants who took the oath of citizenship, 10 percent were
under the age of twenty-five.3 If extending a stake to all of them would
lead a majority of American voters to support a more restrictive immi-
gration policy, we confront a hard choice: is it better to admit a smaller
number of immigrants and grant them eighty thousand dollars apiece,
or admit a larger number and deny them stakes?
Like it or not, political realities force us to take this tradeoff seri-
ously. We believe that it is much more important to keep the door
open than to provide stakes to the few who might manage to squeeze
in. American citizenship is a priceless boon for millions living in op-
pressive or impoverished circumstances around the world, and it is
imperative that as many as possible find a place of hope in this coun-
try. As a consequence, we would not allow a twenty-one-year-old to
naturalize and claim a stake on the same day. We would restrict this
right to those with deeper roots in this country.
Our line would track an important psychological distinction. When
teenagers arrive in America, they come with vivid memories of life in
the old country. While they will naturally resent their failure to qualify
for a stake, they will be in a psychological position to reflect on the
many other advantages that they have acquired from citizenship, con-
trasting their old lives in Russia or India or Mexico with the great
I 48 The Basic Proposal
wait until the age of twenty-one for their first twenty thousand dollars,
we should allow them to draw down their accounts before then to
pay for higher education. More precisely, college-bound stakeholders
should be able to withdraw up to twenty thousand per year for four
years, as soon as they graduate from high school. In contrast, other
Americans will not be able to pledge their stakes to pay for purchases
made before they reach twenty-one.9
Consider some basic facts. Students, parents, and federal and state
governments spend more than $130 billion per year on higher educa-
tion.10 States pay 31 percent of the total, largely by funding public col-
leges.11 The federal government provides another $13 billion or so,
largely in the form of student grants and loans.12
These subsidies have indeed helped more and more Americans
make it to college.13 But there remain huge disparities in effective ac-
cess.14 Nearly 40 percent of low-income high school graduates do not
move on to postsecondary education, but only 21 percent of their mid-
dle-income peers stop at this stage; the number dwindles to 7 percent
among high-income families.15 Even when low-income students do
make it to college, they are much more likely to delay enrollment and
much less likely to earn a degree in the end as compared to their
richer peers.16 Poorer students also are more likely to attend two-year,
rather than four-year, institutions.17 These numbers become espe-
cially poignant when one recognizes that poor children, once they
have graduated from a four-year college, earn, on average, as much as
those from wealthier backgrounds.18
Stakeholding cannot directly compensate for differentials in early
education and childhood experiences. But it can guarantee access for
all college-ready students regardless of their parents' income and
wealth. Federal grants to lower-class students have not kept pace with
tuition inflation, and much aid now takes the form of loans rather than
grants. As a result, the financial burden on students and their parents
has grown, not shrunk, over the past fifteen years.19
The Stake in Context 53 1
Leveling Up
We have thus far been speaking of the false promise of maturity that
confronts the typical young adult in modern society: on the one hand,
she is held responsible for life-shaping decisions, but on the other, she
lacks the economic resources to make them in a responsible way. In
setting the size of the stake, we should keep this basic moral dilemma
in mind. The stake should be big enough to provide each citizen with
a cushion against market shocks and to enable her to take a long-term
perspective as she determines the most sensible ways of investing in
herself, her family, her career, and her community. This logic suggests
that small sums—say, ten thousand dollars per person—are inade-
quate, but how high should we go?
The comparison between Joe College and Joe Six-Pack helps us
set the standard. As we have seen, eighty thousand dollars is enough
to pay for four years of tuition at the average private college in the
United States.29 While colleges may raise tuition a bit in response to
stakeholding, market forces will tend to keep these increases in
check.30 This means that typical college-bound youngsters will be in a
position to graduate debt-free (more or less) if they get good summer
jobs or can rely on some parental support.31 Liberated from the crush-
ing burden of debt, they will confront the future with a precious inde-
pendence.
Four years at college will not magically eliminate the need for hard
choices about career, family, and the meaning of life. Nonetheless, the
skills and self-understandings that these students will gain will place
them in a fair position to take responsibility for these choices. At the
very least, they will not be locked into dead-end jobs or locked out of
the vast range of cultural opportunities open to them as citizens of the
twenty-first century. In a rough-and-ready way, a college education
serves to redeem the promise of maturity in contemporary society.
But if this is so, eighty thousand dollars should also set the standard
for the three out of four Americans who don't earn bachelors degrees.
The Stake in Context 59 I
As equal citizens, they too are entitled to confront their adult years
with their heads held high while preparing themselves for the future
as they see fit. We will shortly be considering the concrete ways that
stakeholding will allow ordinary Americans to gain control over their
lives. But for now, the moral challenge is plain: if eighty thousand dol-
lars suffices to provide the top quarter of the population with effective
economic independence, shouldn't all other Americans obtain equiva-
lent resources?
Perhaps not, detractors may say. Perhaps the costs of financing such
a generous stake would cripple the economy. Or perhaps it will force
us to starve other social programs that promise a more effective assault
on unequal opportunity. We believe that these predictable responses
lack substance, and we will soon be describing a funding system that is
well within our economic means as a society.
But for now, we will take up a single concern that does not require
lengthy economic analysis and that has cropped up with surprising fre-
quency when we have presented our ideas before audiences: won't the
prospect of an eighty-thousand-dollar grant lead to a vast increase in
the birthrate, which will break the bank in the long run?
We strongly doubt it. Certainly the promise of eighty thousand
dollars at maturity ensures every child a good start in life—and this
prospect may encourage some parents, previously worried about the
financial burdens of raising their families, to consider going ahead and
having another child. But this positive point has to be placed in a
larger context. Most obviously, child-rearing will remain very expen-
sive, in both money and time. Even a moderate-income family will
spend $200,000 or more to raise that extra child—not to mention all
the extra years of diaper-changing.32 Parents must weigh these imme-
diate costs against the discounted value of eighty thousand dollars
twenty-one years hence.33 Then there is the fact that when the child
finally reaches maturity, the stake goes to her directly, not to the par-
ent—and the child may not spend the money as the parent would like.
I 60 The Basic Proposal
limit women's bargaining power, both within and outside the family.40
But over time, the clear message of equality embodied in the univer-
sal eighty-thousand-dollar grant may also begin to affect men s per-
ceptions of women and women s perceptions of themselves.
Despite these very real advantages, we do not suggest that our ini-
tiative can serve as the be all and end all of the struggle for real equal-
ity of opportunity. It is only one tool among many, and we would be
happy to embrace other programs that targeted vulnerable groups
more specifically for special assistance. Nonetheless, we think it would
be a serious mistake to bring concerns about affirmative action to the
design of our proposal—adding twenty thousand dollars, say, to the
stakes of minority members.
Such a step would deflect stakeholding from one of its great aims.
Especially at this time of deep cultural division, Americans require
some contexts reminding them of the commitments they share. Stake-
holding fills this desperate civic need. When each citizen comes for-
ward to make her claim, it ought to be enough for her to say that she
too is an American, involved in the common enterprise of redeeming
the great words of the Declaration of Independence. This is a time for
women and men, blacks and whites, to join in a mutual recognition of
their standing as free and equal citizens, without distracting refer-
ences to the differences and injustices that still tear them apart.
from high school and stays out of trouble. The college-bound could
draw on their stakes immediately to pay tuition and living expenses,
but the others would have to wait for three years before receiving their
first payment.
This delayed phase-in would help respond to an obvious transition
problem of the first magnitude. At present, most teenagers have little
reason to prepare themselves for the responsibilities of managing
eighty thousand dollars. This will change over time as parents, teach-
ers, and friends spend endless hours telling them of the perils of blow-
ing their stakes. We believe that, after hearing years of such talk, most
young Americans will surprise the skeptics and make responsible use
of their new-found freedom. But there is a very real danger that the
first stakeholders will treat their money as a gift from out of the blue
and discredit the program by wasting it on a splurge or frittering it
away through mindless consumption. A three-year delay will give the
first stakeholders a chance to internalize their new prospects and to
weigh their new opportunities carefully. At the same time, the three-
year lag will give the IRS a chance to phase in and fine-tune the tax
measures needed to fund the stake.
There is something to be said for an even more gradual approach.
Rather than targeting a single group of eighteen-year-olds, it might be
wiser to begin by providing "fractional stakes" to a broader cohort of
teenagers ranging between, say, fourteen and seventeen. Under this
approach, kids of fourteen would eventually claim eighty thousand
dollars, whereas fifteen-year-olds would get sixty thousand dollars,
and so on, leaving eighteen-year-olds empty-handed. This fractionalist
phase-in avoids the arbitrariness in granting a full eighty thousand to
the first crop of stakeholders while their slightly older brothers and sis-
ters get nothing.
Another way to respond to the problem would be through the cre-
ation of a large "transitional fund" for the needs of those born a little
too early. This special fund should award training grants and scholar-
I 64 The Basic Proposal
Profiles in Freedom
We have been telling our story with statistics, but there is another
way of putting stakeholding in context. We invite you to imagine what
eighty thousand dollars might mean in the real lives of real people you
know. Then try to move beyond your own friends and neighbors to
imagine other lives at greater distance. To help in this, we offer a few
American profiles of our own devising. Bill and Brenda represent mil-
lions of hard-pressed young couples in the twentieth through fortieth
percentile of Americans.1 Mike and Mary Ann come from the better-
off group in the fiftieth to seventieth percentile. Then we consider
people both higher and lower in the economic order. Bill, Brenda, and
the others are fictional, but their life situations represent reality for
many Americans.
For all of them, stakeholding will have revolutionary implications.
At present, the average young family has a net worth of about $11,400,
cars included.2 Fewer than half own a home, usually a heavily mort-
gaged one.3 In the bottom half of the income distribution, the typi-
cal young household has a net worth of only a couple of thousand
65
I 66 The Basic Proposal
Brenda and Bill to take some time for their family, too. They would
very much like to have a second child, and the stake makes it possible
for Brenda to take a few months' unpaid maternity leave.
Buying a small house is another possibility. Their stakes would
allow them to put a sizable down payment on a modest house, with a
remaining mortgage that they could afford.18 And moving to a better
neighborhood would ensure Peter a higher-quality education. Peter s
care is another issue. Their stakes could help them buy day care for
their son and send him to a decent preschool.
Brenda s father is urging the young couple to take another route: to
save all their money and avoid spending any even during hard times.
He warns, "You never know what life holds," and reminds the pair that
they have many long years to go until retirement.
Of course, Bill and Brenda cannot do all of these things at once—
even $160,000 will go only so far. They have some hard choices to
make. They could take Brendas dad s advice and bank their money as
a rainy-day fund. They could continue to spend a couple of thousand
here and there—some maternity leave for Brenda, preschool and
parochial school for Peter, extra money when Bill is out of work. Or
they could take the leap and make a bigger investment—a house or a
training program that might have a major long-term impact on their
security, but at the cost of depleting their one-time stake.
We cannot predict which choices they will make, much less how
their decisions turn out. We do believe that the vast majority of Bren-
das and Bills—and their children—will have more self-confidence and
more real security. But even if they fail, they have had the taste of real
freedom to make their own decisions about how best to live their lives.
Mary Ann s and Mike s choices are not so different, even though they
are several steps up the economic scale. These twenty-five-year-olds
I 70 The Basic Proposal
security check. Mike and Mary Ann anticipate that they will end up
helping to support his parents after they retire.
The stresses of life have left their marriage more than a little shaky.
Mary Ann s mother, who has gone through a divorce herself, is urging
Mary Ann to go back to college now so that she will have a solid career
if the marriage fails. She doesn't want her daughter to have to choose
between a bad marriage and life on her own with two small children on
a secretary's income. Teachers don't make much more at first, but they
have job security, their incomes grow over time, and they have their
summers free. Mike opposes the idea of college, saying that Mary Ann
would be foolish to go back to school with two little children at home.
Suppose now that stakeholding has been introduced. In contrast
to Bill and Brenda, Mike and Mary Ann have already spent a substan-
tial part of their stakes. Mary Ann spent thirty thousand dollars on
community-college tuition and living expenses. Mike spent fifteen
thousand of his stake on their dream wedding and honeymoon trip to
Asia. (His parents warned him against this "extravagance," but Mike
knew that it was the trip of a lifetime.) Since then, though, they have
reinvested their money without touching the principal. Today, Mary
Ann has accumulated nearly $58,000, and Mike has about $78,000, for
a total of $136,000 that earns $6,800 a year for them in the conserva-
tive version of the stakeholding account that they selected for them-
selves.25
What are their choices? Mike wants to use the money to pursue his
dream of starting his own trucking business. The $136,000 would be
enough to get a bank interested in providing enough capital for a two-
or three-truck operation. He is tired of working for someone else, and
he is sure that he can run his business efficiently and undercut the
competition. But to do that, he would need Mary Ann s stake as well as
his own.
Mary Ann is torn. Her mother warns her to keep her stake for her-
self. Mike says, "Honey, lets invest in our future together. If you don't
I 72 The Basic Proposal
want to help me start a business, let s at least use our money for a down
payment on a house/' Mary Ann might go along or choose to keep
what's left of her stake. If she keeps her own money, she might spend
it on college, save it in case they get divorced, or use some of it now to
allow her to cut back her work hours. Not an easy choice.
For Mike and Mary Ann, too, the stake means real freedom—of a
kind beyond their reach in todays America. Freedom brings hard
choices, with real consequences. But isn't that what life is all about?
When Judy and Debbie are youngsters, Meg uses the promise of a
stake and the experience of her friends' children to reinforce her ex-
hortations that her girls stay on the right path. Debbie, the elder, suc-
ceeds with flying colors. She graduates from high school at eighteen
and heads to college. Nowadays, a talented but poor student like Deb-
bie often ends up in a community college.27 The tuition is low, and she
can save money by living at home. To be sure, a better school with
higher tuition may offer a package of grants, loans, and work-study
jobs to get her through.28 But Debbie might be wary of taking on big
debts and working her way through school, simply in order to get bet-
ter credentials.29 In contrast, the stake will let Debbie choose a college
based on its programs, not on its location and degree of state funding.
Aiming for a career in business, Debbie chooses to go to an out-of-
state college that offers low tuition and a solid business school. Four
years later, she emerges at age twenty-two with a bachelors degree,
several good job offers, and no college debt. She is on her way up.
Judy, the younger sister, hasn't done so well by age twenty-two. She
was always impressed by Debbie's example, but she got pregnant at
sixteen and dropped out of school to keep the baby, whom she named
Joey.30 Her boyfriend, Stan, is still around but can't pay much in child
support, even when he has a job.31 For the past six years, Judy has
been living with her mother and working at a series of minimum-wage
food-service jobs.32 Even when Judy has a job, she faces constant
money problems. Her annual earnings of about ten thousand dollars
are stretched thin by paying for food, clothing, and medical care for
herself and her son, and if it weren't for Meg's help, she and Joey
would be facing even tougher times.
Just this year, Judy has started to rethink her life. For one thing, she
received her first dividend check from the stakeholding fund.33 The
money is a welcome addition to her meager budget, but it is also a re-
minder that if she were to finish high school she could take control of
her own stake. The other triggering event is that Joey is about to start
I 74 The Basic Proposal
by work and family that they can do little more than turn on the tele-
vision for glimpses at a never-never land of sports stars and sex sym-
bols. Apart from the occasional TV sitcom, there is little in pop culture
that remotely displays their own lives in a sympathetic way.
This will not be true of a stakeholding society. The world will come
alive with real-world stories starring people like themselves—making
hard choices and taking the consequences. Rather than grim resigna-
tion, the order of the day will be responsible decision.
Our repeated invocations of the Declaration of Independence are
more than rhetorical gestures. We are taking up Thomas Jefferson s
deeper challenge: can we reconstruct his vision of an America as a
property-owning democracy full of freedom-loving individualists?
Stakeholding cannot end poverty, cure cancer, or make life easy.
But it can promise more real freedom for all, and this promise will it-
self help create a new generation of Americans more equal to free-
dom s challenges. There is undoubtedly something Utopian about this
aspiration, but it is a dream worth fighting for.
5
Payback Time
Real freedom and equal opportunity don't come cheap. Using conser-
vative assumptions, we estimate that the cost of our initiative in 1997
would have been about $255 billion—a little less than what we spent
on national defense.1 This is a big number, but as a nation we have
made comparable commitments in the past. Would America have
been a better place after World War II without the GI Bill of Rights?
At that time, wealthy taxpayers were a lot poorer than they are today,
and they were paying far heavier taxes, yet they did not seek to evade
their obligation to give the rising generation a fair start in adult life.2
To be sure, the GI Bill represented the payment of a debt for the
sacrifices that our soldiers made during the war. Today the ties that
bind older to younger are less obvious—but no less important. Day
after day, our society demands countless small acts of voluntary coop-
eration as well as many larger personal sacrifices. If the younger gen-
eration is denied a fair start, how can the rest of us expect them to
reciprocate as the need requires?
77
I 78 The Basic Proposal
sales tax to replace the income tax.5 Taken by itself, this last proposal
strikes us as a bad idea, as a sales tax hits the poor harder than it does
the rich.6 But as a possible source of new revenue for stakeholding,
the idea has greater promise, for the progressive character of our pro-
gram would outweigh the regressive character of the sales tax, leaving
poorer citizens far better off in the aggregate.7 We are not purists and
would be happy with half a loaf. Nonetheless, we think that a wealth
tax is the best available option.
Chapter 7 concludes the fiscal side of our argument by considering
predictable objections. Every new tax generates the same old cry: it
will kill the economy. Rich people are always happy to remind you of
the story about killing the goose that lays the golden eggs. But is it just
a fairy tale?
Not only has our economy boomed, and busted, under very differ-
ent levels of taxation; recent empirical research also suggests that the
link between tax rates and economic growth is far weaker than the pre-
vailing political rhetoric implies. We conclude, then, by exposing the
emphatic certainties of antitax rhetoric to the indeterminacies and
complexities revealed by serious economic analysis.
American to decide on her own what she should do with "her prop-
erty," both during life and after death. If most property owners choose
to mark their passage into the beyond by committing all their earthly
possessions to the flames, the next generation would have no just
cause for complaint. It would simply be tough luck.
To be sure, this is not an aspect of libertarianism that even fierce
partisans take pains to emphasize. They are prone to praise the market
system as a machine for growth without reflecting on the deeper im-
plications of their philosophy. But the truth is that the market does not
guarantee growth by itself. The market depends on the prevailing
preferences of property owners. And if the rich ones don't give a damn
about the future, libertarians have few conceptual resources enabling
them to argue that the rich have done a grievous wrong.8
So much the worse for these callous folk, or so goes the dominant
utilitarian response. Rather than taking the narrow view of an individ-
ual property owner, the utilitarians say, we should adopt the position of
a concerned citizen attempting a truly impartial view of the situation.9
From this vantage, the interests of young Americans of the year 2050
should count equally with those of us who happen to be around right
now. In Jeremy Bentham s famous formulation: each should count for
one, and none should count for more than one. As a consequence, util-
itarians would have no trouble with the "bonfire" method of estate
planning that exposed the callous indifference of the hardheaded lib-
ertarian. They would strongly support legislation banning such utility-
minimizing activities: while the older generation might well experience
some frustration in foregoing their bonfires, this pain is readily out-
weighed by the satisfactions gained by keeping the property around
for use by their successors.
When we turn to harder cases, the utilitarian calculus depends on a
complex balancing operation. Speaking broadly, it begins by compar-
ing the relative wealth of earlier and later generations. Because the
marginal utility of money generally declines as people grow richer, a
Payback Time 81 I
Liberal Trusteeship
We find something lacking in both sides of this debate. Like the liber-
tarians, we reject the idea that justice is a matter of designing an
enduring happiness machine. Each of us is a free and equal citizen
whose rights should not depend on social engineering, however benev-
olent the engineer may be. At the same time, we reject the libertari-
ans' nonchalance toward the future. While it falls to us to determine
the collective fate of our grandchildren, we may not look upon their
claims with indifference or disdain. Temporal priority does not imply
moral superiority. We should, instead, be prepared to explain to them
how we have taken their status as fellow citizens into account in our
deliberations.
We propose a principle of trusteeship that speaks in terms of indi-
vidual rights, not aggregate welfare. We must take the claims of equal
citizenship for tomorrows Americans seriously—as seriously as we
take our own. If we wish to sustain a civic bond with our successors, we
have no right to arrange the future for our convenience and let our
I 82 The Basic Proposal
this belief. For the overwhelming majority of parents, it will seem ab-
surd for their children to call upon them for more money when they
have eighty thousand dollars apiece at their command. Except for the
top 1 or 2 percent, intrafamily exchanges will become limited to holi-
day or birthday presents and the like. Only those at the very top are
likely to consider eighty thousand dollars too little for a suitable start
in life.
This is the point at which the principle of liberal trusteeship be-
comes important. If equality of opportunity means anything, it means
that the rich must restrain themselves. At the very least, parents
should be taxed substantially if they wish to shower their adult off-
spring with large financial advantages. While these gift taxes will pre-
dictably affect only a small minority at the very top, serious regulation
is required in order to avoid a more general demoralization with the
system.
We will return to the practicalities of translating these principles
into workable estate and gift taxes. But for now, consider the next
question of principle: how should we deal with the problem of stake-
holders who die without sufficient funds for paying back their stakes?
cal libertarian has cried "thief one time too often in condemning
the trusteeship tax. Just as the polity rightfully intervenes against the
garden-variety thief, so too may it rightfully intervene to prevent the
present generation from robbing the future. After all, the rising gen-
eration did not participate in the process through which our hypothet-
ical libertarian gained her wealth in the marketplace. Many had not
been born at the time of her greatest market triumphs. Even though
she might have fairly gained her property in competition with others
of her generation, this does not mean that she can escape her fair
share of trusteeship taxes.
Rather than telling future Americans to fend for themselves, she
should recognize them for what they are—fellow citizens of an endur-
ing republic. Each American is a link in a chain that extends beyond
her own lifetime; the first link was fashioned by the opening words of
Jefferson's Declaration, and each of has an obligation to give these
words real meaning for our successors. Like it or not, our libertarian
friends cannot expect their fellow citizens to allow them a special ex-
emption from this collective obligation.*
Taking this libertarian objection to its extreme, childless stakeholders might also claim
a special exemption from the trusteeship tax. After all, they do not have any children,
so why should they pay for stakes for other peoples' progeny? This question dramatizes
the libertarians peculiar blindness to the reality of civic obligations. A childless Amer-
ican remains an American—a citizen who enjoys the priceless legacy of legitimate gov-
ernment handed down by his predecessors and has an obligation to reciprocate by
handing down this legacy to the future in a revitalized condition.
Payback Time 87 I
the likely scenarios that will greet Americans in the year 2060. As the
first generation passes from the scene, some citizens will have more
than enough money to pay back their quarter of a million dollars, but
many will go to their graves penniless, leaving the fund uncompen-
sated for their initial eighty thousand dollars.14 Ideally, shouldn't our
trusteeship tax be structured to encourage these people to save, thus
minimizing the fiscal consequences of their final shortfall?
The problem raises a relatively unexplored issue of public morality:
how should more successful citizens respond to the predictable fail-
ures by others to fulfill their obligations? After all, the Thirteenth
Amendment does impose some limits, and we do not urge the resur-
rection of debtors' prisons. All in all, it is better to view payback fail-
ures in the same way that we have learned to look at bankruptcies.
Obviously, bankrupts have not done something commendable; de-
pending on the facts of their cases, many may be worthy of moral cen-
sure; but it is not as if they were ax murderers.
So, too, in the case of men or women who die penniless. It is hard
to condemn their failures to fulfill their trusteeship obligations with-
out knowing a lot more about their lives. Perhaps some of them never
had a decent education—remember, our basic stakeholding proposal
focuses only on young adults and does not seek to remedy the injus-
tices of earlier life. Perhaps somebody trained hard to become a key-
punch operator, only to see demand for her services plummet. Or
perhaps she blew the money in Las Vegas.
Given the rough justice that is inevitably tax law s fate, it is too quick
to raise the banner of "double taxation" in objecting to the fact that
the economically successful will invariably pay more. As we have em-
phasized, it is better to view them as participating in a collective ven-
ture, in which the entire generation has an obligation to discharge its
trusteeship obligations to its successors. And because the failure of
some to live up to this obligation is so predictable, it seems fair to ask
for more from the more successful.
I 88 The Basic Proposal
tury. Begin with an optimistic scenario: not only does the next genera-
tion go for stakeholding, but it also redeems its commitment to a first-
rate education for all of Americas children—from Head Start to high
school. Under this scenario, a diminishing number of failed paybacks
could be fairly attributable to systemic injustice. Dying with a bank-
rupt estate would increasingly suggest a self-conscious effort to take a
free ride on others* conscientious efforts to fulfill their trusteeship
obligations at payback time. Within this evolving context, we might
well favor a trusteeship tax based on income or consumption.
But for the foreseeable future, we are likely to remain far away
from real equality of opportunity. And under these conditions, the
best form of trusteeship tax is a wealth tax.
Or so the next chapter will argue.
The payback obligation can fit comfortably within this basic frame-
work, although it would require revision of key policy decisions. Most
obviously, stakeholding requires rethinking the $650,000 exemption.
Citizens should not be allowed to give so much money away tax-free
before they begin to repay their stakes. We would not insist, however,
that they begin paying back with the very first dollar. Most people have
a few heirlooms of high sentimental value but relatively low market
value. They should be allowed to pass them on during life or at death
without much trouble. A lifetime exemption of fifty thousand dollars
should be more than enough to satisfy this need.19
At this point, the claims of stakeholding rightly come to the fore.
The initial grant of eighty thousand dollars, after all, represented a col-
lective commitment to equal opportunity. It would be bizarre to allow
individual stakeholders to destroy this commitment as their dying act.
After the fifty-thousand-dollar exemption, we would impose a payback
obligation. If we use an interest rate of 2 percent to reflect the real rate
of productivity growth in the economy, an eighty-year-old would then
owe about $250,000 in 1997 dollars.20
Here we come to a fundamental design question. We could simply
require that all estates pay back the stake before we allow any other
bequests. Or we could design a more complicated payback schedule to
take account of the legitimate role of nonprofit charities in American
life. At present, these charities compete for bequests with children
and other loved ones. For most people, the new system would cap be-
quests to family members at fifty thousand dollars. Above this level,
they will confront a new choice. On the one hand, they will recognize
a moral obligation to pay back the stake that gave them such an im-
portant start in life. On the other hand, they will feel the pull of other
moral claims, including those exercised by churches, educational insti-
tutions, and other worthy organizations. How should tax law structure
this choice?
Payback Time 91 I
We propose a balance: for every dollar that the citizen pays into the
stakeholding fund, she may give a dollar to charity. This dollar-for-
dollar ratio is not sacrosanct. The appropriate ratio would depend on
many factors—most notably, the condition of the stakeholding fund. If
the fund were flush and capable of paying out adequate stakes to the
next generation, we would be more generous. If not, the question
would be much more difficult: to what extent should we allow elderly
Americans to give to charities and turn to other taxes to make up the
shortfall in the stakeholding fund?
We leave this question to the day that it arises. For now, it is enough
to consider how allowing charities into the picture reshapes the estate
and gift tax. At present, donors can make large gifts to charity without
paying any tax,21 All the charities need to do is to convince them to ig-
nore the competing pleas of family members. Our revised tax system
modifies this choice, whether made during life or exercised at death.
Family demands are capped at fifty thousand dollars. Thereafter, gifts
or bequests to charities must compete with the stakeholder s moral re-
sponsibility to the next generation of citizens, and any charitable trans-
fer must be matched dollar for dollar with a payment to the
stakeholding fund.
To minimize bureaucratic hassles, we would provide an annual ex-
emption allowing each taxpayer to make small charitable gifts total-
ing up to two thousand dollars. After that, the dollar-for-dollar ratio
would apply. Similarly, within the family, each parent would be al-
lowed to give each child up to one thousand dollars a year in holiday
and birthday presents and the like. Present law already recognizes this
escape hatch but makes it absurdly large, allowing each parent a ten-
thousand-dollar annual exemption for each child. Savvy tax lawyers
advise their wealthy clients to take full advantage of this loophole in
order to pass large sums tax-free to their children. This would be in-
tolerable in a stakeholding society, where the rich, no less than the
I 92 The Basic Proposal
poor, are assured their eighty thousand dollars. The rich have birth-
days like the rest of us, but one thousand dollars a year should be more
than enough to allow moms and dads to show familial affection. Any-
thing more should be subject to significant taxation under the trustee-
ship principle.22
Under our basic structure, then, each taxpayer will have an annual
exemption of two thousand dollars for gifts to charity and one thousand
dollars for gifts to each child, and a lifetime exemption of fifty thou-
sand dollars in either gifts or bequests. After that, the next big chunk
at death either goes entirely to the stakeholding fund or is shared with
charities. The same rules apply to gifts made during life. This leaves us
with just two problems: how to provide for surviving dependents, and
what to do with the superrich—those who have something left after
paying back the stake.
With regard to the first problem, the trusteeship principle limiting
gifts to the next generation obviously does not apply to spouses.23
Here the principle of intragenerational freedom commands respect. If
one spouse has worked at home and reared the children in reliance on
a promise of lifetime support from the other, this deal is entitled to full
respect by a liberal state. In contrast to transfers to children, this trans-
fer does not endanger initial equality in starting points. Nonetheless, a
problem remains. We have presented stakeholding as a strictly indi-
vidualistic affair. When Citizen Single dies, his estate would immedi-
ately go toward paying back the stake. Why should Citizen Married get
a better deal?
We think that this question is unanswerable. The liberal state should
be neutral in its treatment of married and unmarried, gay and straight.
At the same time, it would be intolerable to evict surviving elderly
partners from their homes in order to satisfy the next generation s de-
mand for stakeholding revenue. The sensible solution is to defer col-
lection until the second partner dies before claiming assets to fulfill
the first partner s payback obligation, placing a lien on the property in
Payback Time 93 I
the meantime. When the second partner dies, the estate is liable for
paying back two stakes with interest, not just one.24
This leaves us in the economic stratosphere—with the tiny minor-
ity who can leave more.25 For present purposes, we are happy to ac-
cept the existing rates of estate and gift taxation—ranging from 37 to
55 percent—on all bequests made after the payback obligation has
been satisfied.26 An adequate treatment of the superrich would take
us far afield. The case for stakeholding does not depend on whether
you think that the superrich serve as an essential engine of innovation
or as a corrupting force in democratic life. Stakeholding is built on a
broader foundation: the imperative need to redeem the liberal promise,
made to each citizen, of genuine freedom to shape his or her life.
6
Taxing Wealth
94
Taxing Wealth 951
worth.8 Wealth declined in every other group, with the bottom 40 per-
cent experiencing the sharpest drop.9 Social science methods are
never certain, but even conservative critics acknowledge an increase
in wealth concentration since the 1970s to its present stratospheric
levels.10
For some of our readers, these numbers will speak louder than words:
something must be wrong with a society in which the top 1 percent
manages to get its hands on more than one-fifth of the wealth.
We respect this intuition but do not share it. To the contrary: if our
country ever came close to achieving genuinely equal opportunity, we
would take a very different view of the wealth gap. Putting to one side
the continuing need for special assistance to those with serious physi-
cal or mental disabilities, we would then find ourselves switching sides
in this great debate. If each American received a first-rate education
and began adult life with a roughly equal stake, it should be up to him
or her to decide what to do next. Subject to fulfilling his trusteeship
obligations to the next generation, he should be free to make his own
decisions on the right mix of work and leisure, spending and saving. If
it then turned out that the top 1 percent gained 20 percent of the
wealth, we would accept the legitimacy of the resulting gap. It is up to
each of us to determine, on his own responsibility, the highest and best
use of his initial resources.11 If starting points were fair and some of us
decided to work, innovate, and accumulate while others spent more
on leisure and consumption, we would not challenge the ensuing dis-
tribution of wealth merely because the innovative savers had accumu-
lated much more than the leisurely consumers. To the contrary, the
ensuing distribution would simply be testimony to the diversity of
ideals that motivate free men and women in a just society.
Taxing Wealth 97 [
Our case for a wealth tax, then, is necessarily more complex than a
simple appeal to the facts detailing disproportionate ownership. It is
based on an additional and, to our mind, inarguable point: nothing like
genuine equality of opportunity exists in America. As we have seen, priv-
ileged children begin life with overwhelming advantages—inherited
wealth, social connections, and an educational head start—which we will
call the unequal opportunity surplus.12 To a certain extent, this surplus
can be measured in dollars and cents. Even among the youngest wage
earners between the ages of 19 and 30, there is roughly a ten-thousand-
dollar difference in average annual earnings when we compare men who
grew up in the most affluent 20 percent of households with those who
grew up in the poorest 20 percent.13 If the extra earnings were set aside
each year in a modest savings account earning a real rate of interest of
just 2 percent per year, the account would have a balance of more than
$600,000 (in 1997 dollars) by the end of a forty-year career.14
But, of course, the value of early privilege should also be cashed out
in more ineffable terms: the general sense of efficacy resulting from a
childhood sheltered from the frustrations of material deprivation, the
enhanced self-confidence born of years of deferential service in the
marketplace, and the basic trust that your parents (and their check-
books) will act as the ultimate barrier between you and your follies.
Even wealthy citizens who emerge from humbler backgrounds can-
not rightfully claim that their wealth is fairly earned. These people
may think of themselves as modern-day Horatio Algers, but they too
have enjoyed an unequal opportunity surplus. At the very least, they
would have encountered much stronger competition had their fellow
citizens not been disadvantaged by the existing system. How can they
tell how they would have fared in a truly fair race?
There is simply no way to know what would have happened. And
certainly there is no practical way for the government to distinguish
between justly and unjustly earned wealth and make that distinction
the basis for taxation. Only one thing is clear: rich Americans cannot
I 98 The Basic Proposal
pretend that their gains are entirely the result of a fair system of equal
opportunity. Just because it is hard to measure their advantage in indi-
vidual cases does not make that advantage any less real Given this
fact, it strikes us as entirely appropriate to ask those who have accu-
mulated the most to share the most.
To be sure, a progressive income tax also helps reduce the unequal
opportunity surplus. But we have deliberately chosen a new wealth tax
for reasons both principled and pragmatic. On the principled side, the
opportunities that wealth confers are simply different from those that
high income brings. The possession of wealth today buys personal se-
curity and a host of opportunities: to move in higher social circles, to
bequeath assets to children, and to gain an effective voice in politics.
High income can help, but the rich who spend all they make will
forego the peace of mind and real power that accumulation alone can
confer. Under conditions of unequal opportunity, the distinct advan-
tages of wealth—as well as those of income—may fairly be taxed. On
the pragmatic side, the income tax and estate taxes today are riddled
with loopholes that benefit the wealthy.15 An annual wealth tax en-
sures that the rich contribute a bit more to the workings of justice.
The case for the wealth tax is particularly compelling now, for the
current generation has gained its wealth at an especially lucky moment
in the history of the Republic. Because wealth is correlated with age,
Americans over the age of fifty or sixty will bear the brunt of our tax.16
But it is precisely these people who have participated most fully in the
great postwar economic boom. The wealthy man or woman who is
sixty in the year 2000 was born in 1940—just in time to avoid the ago-
nies of the Great Depression and World War II, but just in time to
reap the harvest. Having graduated from college around 1960, the typ-
ical up-and-comer was in a perfect position to take advantage of the
rich array of opportunities made possible by America s rise to world
power. The best universities, the most advanced companies, the biggest
pool of capital—all of these were available for Americans who seized
Taxing Wealth 991
time, then, for the elder generation to reciprocate when the market
threatens to undermine the promise of economic opportunity for mil-
lions of younger Americans?
This commitment should not come at the expense of retirees who
depend on their monthly Social Security checks. We do not question
the basic legitimacy of government pensions; to the contrary, the next
part of this book defends them against fashionable libertarian critiques
and tries to put them on a firmer basis for the future. So we reject the
idea of funding stakeholding by raiding Social Security revenues. We
simply urge prosperous older Americans to recognize the moral claim
of younger Americans who will otherwise suffer lives of quiet despair.
Or not-so-quiet despair. After all, the prison population has soared
over the past quarter century. In 1975 about one hundred of every
100,000 Americans were in the nation s prisons; now that number is
about four hundred—and more than six hundred when the short-term
jail population is included.19 Young men, and increasingly women, are
the prime candidates for prison—men and women who might find it
within themselves to take a different path in a stakeholding society.20
If inequality increases during the next century, are we really prepared
to lock up more and more young Americans who react with rage at a
system that has never delivered on its promises? If those with the
greatest stake in the system do not take heed, who is supposed to?
It is time for the wealthy to accept stakeholding as part of the social
compact.
all, our basic proposal only represents a step in the right direction.
Even if stakeholding were adopted, we would be far from an America
in which all children began adult life with first-rate educations and
roughly equal resources, regardless of their parents' success or failure
in the marketplace.
gages and ask how the old folks will raise the money to pay Uncle
Sam. We believe that, as a practical matter, the private market would
quickly adapt, with banks offering elderly homeowners limited "re-
verse mortgages" that would provide the cash they needed to pay their
annual wealth tax. (Indeed, this product is already on the market.)
But perhaps you think that a tax that might require some elderly
people to mortgage their homes is unduly harsh. One way to reduce
this burden would be to allow cash-poor retirees to comply by giving
the government a first lien on their houses, exercisable upon their
deaths. The unpaid wealth tax would accrue in the meantime at a mar-
ket rate of interest, just like any outstanding tax debt. This plan would
allow the elderly to continue living in their homes and let the govern-
ment collect their tax, with interest, before others can share in their
estates. We prefer to save the enforcement costs associated with this
plan, but offer it as an example of the kind of accommodation that
might be made.
We are even less impressed with other predictable objections.
Family farmers and other small business owners invariably claim spe-
cial hardship because so much of their wealth is illiquid. But if they
somehow manage to obtain bank loans for inventories and expansion,
they can also raise money to pay their public obligations. After all, we
are talking about some of the most successful people in America.34
As long as we keep the base broad, a 2 percent rate should get us to
our revenue target, using conservative assumptions that provide a re-
alistic cushion for tax evasion.35 If a shortfall nevertheless arises, we
would support additional progressivity. Undoubtedly, Steve Forbes
and other children of great wealth should pay at a higher rate than a
hardworking dentist from the inner city who has managed to put away
a quarter of a million dollars. And if we need more of Forbes s money
for full funding, we would be prepared to bear the added administra-
tive complexities that a progressive rate structure would entail.
Taxing Wealth 1051
Problems of Administration
The wealth tax raises two basic problems—evasion and valuation.
They are linked. The wealth tax gives taxpayers an incentive to hide as-
sets when they can and undervalue them when they can't. With read-
ily marketable assets—many stocks, bonds, and bank accounts—the
temptation will be to stash the assets in secret accounts in Switzerland
and other countries.39 But we have much the same problem with the
106 The Basic Proposal
income tax today, and efforts to catch tax cheats range from familiar in-
formation-reporting requirements by banks and brokerages to eso-
teric information-sharing agreements with foreign countries. A wealth
tax would make these efforts even more important—and more fiscally
productive.
A more distinctive challenge is posed by wealth that is not readily
marketable—about two-thirds of the total.40 By far the biggest items
are homes and privately held businesses.41 As far as real estate is con-
cerned, European precedents suggest a range of options, from piggy-
backing on state and local property tax valuations to various formulary
methods.42 In dealing with closely held businesses, the Europeans
tend to adopt a pragmatic approach, taxing the value of the assets used
in the business without estimating goodwill and other intangibles.43
And our wealth tax poses more novel challenges as well. Many Eu-
ropean countries allow unlimited exemptions for homes, household
furnishings, and pension rights.44 That rule loses revenue and also in-
vites people to avoid the wealth tax by "investing" large sums in houses
and the like. We have included these items in the tax base, subject to
the eighty-thousand-dollar exemption, which already eliminates 59
percent of taxpayers.45 For the remainder, home equity will usually be
the biggest item and can be dealt with under the usual rules for real
estate. Pension rights will be easier to assess: the cash value of most
pensions is readily determined, though some will also pose prob-
lems.46 Valuing household furnishings, art, jewelry, and the like will be
more difficult, but some creativity may once again come in handy. Tax-
payers with valuable assets of these types usually insure them, and it
may help keep taxpayers honest if the declared tax value of the items
must match their insurance value.
No regime will be perfect, and the transition poses particular chal-
lenges. A significant fraction of America s assets will undoubtedly es-
cape, and our calculations have been conservative on that score. The
2 percent wealth tax will be sufficient to fund stakeholding even if the
Taxing Wealth 107 [
Foreigners
In a global economy, an increasing proportion of Americans' wealth
will be held abroad, and the same is true for foreigners' wealth held in
the United States. As far as American residents are concerned, we see
no problem in taxing all their wealth, wherever it is located, much as
we do under the current income tax.61 Obviously, the same approach
should not be followed with foreigners. As long as they keep their
wealth outside the United States, we have no legitimate claim.
If, however, they want to take advantage of the American market,
they should pay the tax and remain on a parity with U.S. investors.
American tax law has only imperfectly followed this principle in the
past. If a foreign company builds a plant in the United States, it is
taxed as if it were an American venture. If a foreigner buys stock in a
U.S. firm, he pays U.S. tax on dividends but not capital gains. And if he
buys a bond, he escapes tax-free.62 This patchwork reflects political
pressure more than principle.
Taxing Wealth 109 J
And one that can be readily expressed within the existing language
of constitutional law. When the Founders sat down to write our en-
during compact, the existence of slavery paralyzed their efforts to de-
fine American citizenship. Instead of endorsing white supremacy or
directly challenging black slavery, the Founders utterly refused to de-
fine the sort of person who qualified as a citizen. Only after the Civil
War were Americans in a position to define the concept in an explicit
and affirmative fashion. The Fourteenth Amendment grants national
citizenship to all "persons born or naturalized in the United States,"
and it protects their newly established "privileges" and "immunities"
against impairment. The amendment did not take the next step, how-
ever, and enumerate the content of these privileges and immunities at
greater length, leaving to subsequent generations the permanent chal-
lenge of making sense of its open-ended language. Some have been so
intimidated by this task that they would have us ignore it entirely;68
many have trivialized the privileges of citizenship by reducing them to
a small number of relatively unimportant rights.69 But neither ap-
proach captures the grandeur of the Framers' vision as revealed by the
historical record.70 While the amendments Framers were confident
about the fundamental principles of freedom and equality that they
were adding to the text, they wisely left it to future generations to give
concrete content to the privileges of citizenship as economic and so-
cial conditions changed over time.71
This is the point of stakeholding. By giving new meaning to the
economic privileges of citizenship, it seeks to revitalize traditional con-
stitutional commitments within the context of twenty-first-century re-
alities. This aspiration in turn allows us to explain why we refuse to
accept the presumption in favor of fiscal flexibility that normally ac-
companies tax policy. Quite simply, Congress should not be given
great flexibility when it comes to protecting the fundamental privi-
leges of citizens of the United States. Once a stakeholding fund is
112 The Basic Proposal
We can now put our short-run and long-run perspectives together into
an integrated proposal. Stakeholding comes onto the scene tied to an
annual wealth tax of 2 percent, paid by all Americans whose individual
wealth exceeds eighty thousand dollars at tax time. This form of fi-
nancing continues unchanged for forty years or so until the first gen-
eration of stakeholders begins to die in large numbers. As financially
successful stakeholders discharge their payback obligations at death,
the wealth tax declines substantially—possibly, but not necessarily,
reaching zero as the program matures into a second full generation.
On the other hand, if trusteeship taxes are needed to sustain the pro-
gram further, our successors should be invited to reconsider the form
that these taxes take. Should subsequent generations continue to rely
on a wealth tax? Or, if society has sufficiently advanced toward genuine
equality of opportunity, would an income or consumption tax be more
appropriate?
In developing this proposal, we have anticipated and confronted
many objections, especially those likely to be raised by the libertarian
113
1114 The Basic Proposal
runs the risk of failing to fulfill its trusteeship obligation in only two
ways. First, we might blunder into a massive war. Second, we might
ruin the planet through heedless exploitation of the environment.
These risks shouldn't be minimized, but there is little that our funding
proposals could do to control them. The best way to fulfill our trustee-
ship obligations is by adopting sane military and environmental poli-
cies, not by depriving millions of Americans of real equality of
opportunity. As a consequence, we adopt a stance of technological op-
timism in addressing the growth objection. We assume that, barring
military or environmental catastrophe, technological progress will
generate real and steady improvement in living standards throughout
the twenty-first century.
This assumption allows us to turn the tables on critics who con-
demn our wealth tax as antigrowth. The next section shows that these
claims not only lack a convincing empirical basis but also fail to appre-
ciate how different parts of our initiative interact with one another.
But even if growth rates were to decline a bit, this fact would hardly be
enough to condemn our initiative on trusteeship grounds. As long as
the economy continues to grow, Americans at midcentury will still be
far richer than we are today.4 At worst, stakeholding will deprive them
of some portion of the gift of growth that we will be giving them
anyway.
But we deny that Americans of today have any obligation to make
such a gift. In contrast, we do have a compelling moral obligation to do
justice to fellow citizens rising to maturity in the next decade. Many of
these men and women are among the poorest citizens who will ever
exist in the future of the Republic. It would be wrong to deny them
their fundamental right of equal opportunity merely to make rich
Americans of the future even richer. We should not be giving gifts be-
fore we do our duty—and, as Americans, our duty is to do our part in
sustaining the nation s fundamental ideals.
The Limits of Growth 117 I
rates. Instead, they should focus on ordinary Americans, not the elite,
and explain why stakeholding will be counterproductive for this large
group once its long-term impact on growth is taken into account.
But such a showing is not remotely plausible—at least if we keep
within the parameters of serious economic argument and substantial
economic data. Indeed, it is even possible that our initiative will en-
courage work, increase savings, and enhance growth. We do not pre-
tend to certainty in this assessment; nor should our critics. Despite
innovative work by many economists, we still know remarkably little
about the effects of taxation on economic activity. Statistical models,
methods, and data are often imperfect and incomplete, and results
vary widely.8 The research has produced no consensus on whether
taxes reduce work and savings, and if so, by how much.
Before probing these mysteries further, let us begin with some cer-
tainties. The stake will serve as an unceasing engine of economic ac-
tivity, as generations of young adults put their new resources to work
in education and entrepreneurship. The program will also provide
nest eggs for them to tap into during hard times, thereby encouraging
citizen-stakeholders to take judicious business risks that they would
otherwise have to avoid. Of course, lots of people will make mistakes.
Many new ventures will fail, and some investments in specialized ed-
ucation will not pan out. But the ongoing empowerment of the most
energetic Americans is sure to pay off over time in millions of innova-
tions large and small, with a positive effect on economic and social life.
This pervasive "entrepreneurial effect" must be weighed against the
more familiar "income effect": because many people will have more
money, some may take advantage of the fact that they don't need to
work as hard to support themselves and will therefore simply work
less.9 The likely magnitude of this factor is highly uncertain. For one
thing, the stake provides a one-time grant, not a guaranteed lifetime
income, and it is paid at a time when people are making choices about
the course of their entire lives. Within this context, we doubt that many
The Limits of Growth 119 I
people will buy annuities so that they can reliably reduce their work
hours.10 Undoubtedly, there will be some who myopically exaggerate
their "riches" and forgo useful education, training, and other produc-
tive investments in their future. While the newspapers will predictably
linger over the plight of the no-goods who blow their stake in, say, a sin-
gle night at Las Vegas, many more people will use it to get a start in an
economically productive life. We should also be skeptical of standard
economic notions of "work." If a woman spends extra time at home with
her children, it is question-begging to suppose that she has dropped
out of "productive activity." Taking the matter as a whole, we believe
that the gains to education, entrepreneurship, and strong, stable fam-
ilies will far outweigh the foolishness that stakeholding makes possible.
Turning to taxes, we have a more complicated story. Despite end-
less political rhetoric about the "economic damage" caused by "high
taxes," serious empirical work tells a more cautious tale. European ex-
perience provides one example. It is fashionable to claim that "big Eu-
ropean welfare states" have been economically discredited.11 But as
recent work by Geoffrey Garrett suggests, the causes of slow Euro-
pean economic growth are complex and may mask a positive associa-
tion between growth and generous welfare provision.12
In any event, we are in a very different position in the United States.
Even after the adoption of stakeholding, the total tax burden as a per-
centage of gross domestic product would remain well below the aver-
age for OECD countries.13 While international tax-rate comparisons are
always tricky, this simple statistic should allay concerns that stakehold-
ing would propel the United States into the tax stratosphere. And,
once again, the destination of the tax revenue matters quite a bit.
Stakeholding is an investment in youthful energy, not a cradle-to-grave
safety net, and the program should help fend off, rather than promote,
European-style interventions in the labor markets.
Turning to the home front, recent research suggests that people are
less responsive to tax rules than was supposed by an earlier generation
I 120 The Basic Proposal
Is It Constitutional?
This is America, and undoubtedly some brave soul will take stake-
holding into court, raising the cry of unconstitutionality. But we do
not think that the prospect of a lawsuit should scare anybody—if
I 122 The Basic Proposal
We are under no illusions about this opening volley in the debate over
stakeholding. While we would be surprised if critiques from the con-
stitutional experts get off the ground, we will frankly be disappointed
if we do not hear a lot more from our other critics—libertarians, utili-
tarians, and others too numerous to mention. Silence would signify
only that we have failed to place our proposal on the public agenda for
serious debate.
This is, of course, a very real possibility. It is beyond the power of
any single book to determine whether our children or our children's
children look back to the turn of the twenty-first century as a time
when Americans revitalized their traditional commitments to equal
opportunity for all. The best that we can do is to pose the question and
make the case for a positive answer—if not to stakeholding, then to
some better idea.
The Limits of Growth 125 I
But it is not too soon to sound a more hopeful note. If the debate
over stakeholding does take off, it can invigorate a much broader dis-
cussion over the direction of progressive reform. We have already
seen, for example, how our basic proposal opens up new vistas in areas
of public policy ranging from the criminal law to higher education.
The next part of this book proposes to expand the range of potential
reform yet further.
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Part 2
129
I 130 Expanding the Stake
To begin, let s be clear about the kinds of safety nets we are and are
not talking about. A liberal state should take a different stance with re-
spect to economic protections for adults than it does with respect to
those for children. Adults are entitled to a stake, but thereafter they
should generally be held responsible, within certain principled limita-
tions described below, for their own well-being. Children are an entirely
different matter. Because they haven't reached maturity, a liberal state
I 132 Expanding the Stake
A Third Way
Our effort to define a third way begins with the libertarian s focus
on the individual. The concrete decisions made by young adults are
much more morally significant than the utilitarian recognizes. When
we choose marriage partners and careers, we are constituting our very
identities in ways that we cannot subsequently eradicate. It seems
odd, then, to discount altogether the moral significance of Joans early
decisions as to the proper shape of her life. If she thinks that it makes
more sense to sink her capital into a small business now rather than to
save it for old age, surely this decision is entitled to some independent
weight. Once again, the utilitarian s single-minded concern for maxi-
mizing welfare stands in the way of an appropriate respect for individ-
ual freedom.
I 134 Expanding the Stake
for the program, which is not to provide welfare for charity cases but
to ameliorate the predictable myopias that almost all of us experience
when young.
A second form of market failure—adverse selection—is also impor-
tant. The problem is generated by another asymmetry of information:
Joan knows more about her present plans than anybody else does, and
she may exploit this advantage in dealing with private insurance com-
panies. This point is particularly relevant in the assessment of near-term
risks. On moral grounds, we have urged extraordinary caution in the
provision of near-term guarantees. But once adverse selection is taken
into account, a somewhat more expansive approach may be justified.
Consider the case of unemployment insurance. Private companies
will have great trouble determining whether Joan is about to launch
herself into a career as an actress or as an accountant. Worse yet, if
Joan can convince the company to sell her the low-cost unemployment
insurance it reserves for would-be accountants, this may encourage
her to try acting.
As a consequence, most private insurance companies will steer
clear of these kinds of policies. At best, they will offer unemployment
insurance at very high rates, encouraging only the worst risks to sign
up, which in turn will lead to higher rates and lower coverages, in a
destabilizing cycle.
Given this grim alternative, mandatory unemployment insurance
looks more attractive. Granted, it diminishes the resources available to
stakeholders, arid it cannot solve the moral hazard problem. But there
is a compensation in enhanced life-planning capacity. It may be the
only feasible way of providing unemployment insurance for the many
Joans who would want to buy it if it were available on the free market.
These market failures provide a second liberal rationale for manda-
tory social insurance. Similar problems of adverse selection plague
private markets for disability and health insurance, providing a poten-
I 140 Expanding the Stake
that the young stakeholder is an adequate trustee for the basic inter-
ests of her seventy-five-year-old self.
At the same time, our principles suggest a more tightfisted ap-
proach than that offered by standard utilitarianism. The level of old-age
pensions should not be determined on the basis of some freewheeling
comparison of the pleasures of youth against the pains of old age. It
should be set with a deep appreciation of each American s right to be
different. These differences extend to disagreements about the shape
of life as a whole and which periods of life are most important. For
some, it will be crucial to arrange their affairs to assure a very com-
fortable old age; for others, it will make sense to stint on retirement
and invest more heavily in earlier stages in life. The aim of liberal
policy is not to second-guess these choices by supposing that every-
body "ought" to save a lot for retirement if they are to maximize their
happiness over their lifetimes. Its mission is more modest but more
fundamental. It is to protect elderly citizens against the worst con-
sequences of their earlier psychological myopia. The watchword is
not utility maximization but the assurance of dignified existence in
old age.
"Dignity" sounds nice, but what precisely does it mean? Old people
will predictably need a minimum level of resources in order to avoid a
constant stream of stigmatizing social encounters. Of course, deter-
mining this minimum will be an endlessly con testable matter, for it de-
pends more on social meaning than biological necessity. The kinds of
clothing, food, transportation, and shelter that lead to endless and pro-
found embarrassment in one society might be perfectly compatible
with a dignified, if spartan, existence in another. This line cannot be
drawn technocratically. Its proper definition, we shall argue, should
be at the center of ongoing democratic debate. But for now, it will suf-
fice to advance our basic standard: although younger stakeholders
should be given broad freedom to shift resources from one life stage to
I 142 Expanding the Stake
retired during the first fifty years of the program have received much
more than they "bought," and future generations will receive less.12
All this is, by and large, OK with us. Saying that high earners have a
lower "rate of return" is just another way of expressing the progressive
redistribution that Social Security accomplishes. There is also a rea-
sonable case to be made for pay-as-you-go financing, which essentially
makes Social Security a current expense of government.13 Although
Congress has been too eager in recent decades to buy elderly votes
with fiscally unsustainable benefit increases, reasonable reforms can
put the system back on a sound footing.14
The larger problem is that voters do not realize that the insurance
analogy is myth from top to bottom. Taxpayers have been taught from
an early age to think of "their" contributions as buying "their" pension
payments. As a result, critics from the right can invoke the insurance
analogy in support of "privatization" and other reforms that would gut
the progressive redistribution achieved by the current system. If So-
cial Security is just like private insurance, why shouldn't rich and poor
alike get their moneys worth?15
In contrast, expanded stakeholding places the right to a dignified
old age on a different moral foundation. Rather than accepting liber-
tarians' efforts to present Social Security as if it were a defective
form of private insurance, we challenge the basic premise behind the
analogy. We reject the libertarian view that each American s fate in old
age ought to be exclusively a function of insurance decisions made at
earlier stages of life. Instead of authorizing this tyranny of the younger
self, a liberal state legitimately seeks to correct the predictable psy-
chological myopias involved in these private insurance decisions.
In short, it is a mistake to base the case for public pensions on
any analogy with the private pensions that Americans obtain through
the insurance market. A stakeholding society guarantees a dignified
old age precisely because a decent minimum will not be invariably
achieved in an insurance marketplace controlled by myopic young-
From Worker to Citizen 145 I
Although citizens' pensions entitle every man and woman to an individual benefit, they
would change the relative position of married and single retirees, leaving some widows
worse off than under*the current system. Today, a married couple often receives 150
percent of the retired worker's basic pension, while a widow succeeds to 100 percent.
In our system, the couple receives 200 percent of the basic citizen s pension, and the
widow receives 100 percent. For example, the widow of an average earner who retired
in 1996 at age sixty-five would receive at least his benefit of $886 per month. Under
our program, both he and she would receive $670 per month during life. After his
death, she would continue to receive her own benefit, but nothing more. The citizen s
pension is also less than what the average elderly widow received in 1996 ($711 per
month), although this average conceals the wide disparities discussed in the text,
whereas our reform establishes a uniform floor. See Social Security Administration
(1997), table 5.A16.
Is the treatment of the widow under citizens' pensions harsh? We think not. During
her husband s life and after his death, she receives the same pension as any other citi-
zen, man or woman, single or married. If there is any harshness here, it is in the size
of the pension; but if $670 is too low, then it should be raised for all, and not just for
widows.
The underlying issue here is life insurance. If the couple did not buy insurance for
the surviving spouse, why should the government provide it? Intrapersonal trusteeship
is not at issue. Unless there are pervasive market failures that would prevent the life in-
surance market from working appropriately, it should be up to each citizen-stake-
holder to determine her and her family's needs for life insurance.
From Worker to Citizen 147 I
for example, high earners typically collected around $1,250 per month
at age sixty-five, while low earners collected an average of $537.22 And
many of the elderly received even less than that.23
A shift to a uniform citizen s pension of $670 a month, or $8,040 a
year, would provide a dramatic increase to pensioners at the bottom
and a perceptible lift to a broader group. Thirty-nine percent of el-
derly Social Security recipients—nearly 11 million in all—received less
than $650 a month in 1996.24 Fifty-six percent of all elderly women,
and 41 percent of widows, would receive more than they did in 1996.25
It is true that some women, especially wives and widows of high-
earning men, would receive less than they do today. And some married
couples would see their benefits fall. But benefits would be just as
large or larger for about 51 percent of retired couples who now collect
Social Security.26
These contrasts frame a basic moral question: why should a Wall
Street lawyer—or his wife—get so much more out of Social Security
than a factory worker does?27
The italics are crucial. We do not deny each citizen the right to en-
hance his public pension by buying private annuities. To the contrary,
private pension planning is a fundamental tool enabling each citizen to
shape the overall contours of his life. But it is one thing to say that
everybody should be free to invest as heavily as he wants in a comfort-
able retirement, quite another to say that the public treasury owes
skilled workers and their spouses more than it owes unskilled workers.
Defenders of the status quo will be quick to point out that Social
Security's benefits are distributed progressively—the higher-paid re-
ceive a smaller return on their contributions than their lower-paid age-
mates do. But once we abandon the insurance analogy, this land of
progressivity is no longer enough. Measured by the yardstick of a uni-
versal, flat-rate citizen s pension, the insurance analogy is authorizing
everybody in the solid middle class and above to double-dip into the
pension funds.
I 148 Expanding the Stake
We have not yet reached the end of our indictment of the insurance
analogy that currently shapes Social Security. Apart from its substan-
tive deficiencies, it grievously damages the quality of our deliberative
process. As we have seen, the effort to define a public pension re-
quires a collective engagement with a seemingly simple, but actually
quite perplexing, question: how big a cash pension is big enough, if the
goal is to provide retirees with a dignified old age in our society?35
A thoughtful answer requires a collective confrontation with in-
commensurables. A dignified old age is not merely a matter of eating
enough calories and staying out of the cold. It is a question of receiv-
ing enough income to live in a way that avoids ongoing social embar-
rassment and affront. But how much is enough? To make matters
harder, it is quite possible to be too generous—the higher the mini-
mum deemed necessary for a dignified old age, the less life-shaping
freedom is allowed the young. How, then, to make the tough choices?
By an appeal to the democratic process. A technocratic solution
seems impossible, as does an answer achieved by reason alone. All one
can properly say is that defining this minimum requires an informed
and sympathetic understanding of the plight of the elderly, a sober
From Worker to Citizen 151 1
an organized set of public values. Not only would the vote for eighty
thousand dollars express a deep commitment to the ideal of equal op-
portunity; by giving each stakeholder full sovereignty over the money,
Congress would be affirming the fundamental value of market free-
dom. Not only would the vote for the $670 pension express a deep
commitment to the ideal of a dignified old age; it would make it plain
that our public commitment to market freedom has its limits. This in-
tegrated affirmation of equal opportunity, market freedom, and
human dignity would occur, moreover, within a larger framework that
links an enhanced conception of economic rights to a renascent un-
derstanding of the importance of citizenship.
Equal opportunity, market freedom, human dignity, individual
rights, economic citizenship: that's a lot for a couple of numbers to say.
9
Taxing Privilege
155
I 156 Expanding the Stake
the payroll tax ostentatiously gives the rich an exemption. Poor work-
ers pay tax on every dollar, but the richest workers pay at a vastly re-
duced rate once their wages go beyond $65,400.4 Below this point, all
workers pay a flat 7.65 percent, and employers kick in an equal share.
It is generally recognized, moreover, that this "employers share" is
passed on to workers as well.5 In sum, the tax reduces the pay of ordi-
nary Americans by more than 15 percent but reduces the pay of a pro-
fessional manager making $200,000 a year by only 6.95 percent.6
Payroll taxes are now more onerous than the income tax for most
ordinary Americans. A two-earner family with two children must earn
more than $80,000 before its income tax exceeds its payroll tax of
$12,357.7 Why, then, have protesters and politicians chosen to hurl
their abuse at other targets: property taxes on the local level, taxes on
income and capital gains, and even on estates, on the national?
It is too easy, although not entirely wrong, to see this as a triumph
of public relations by the rich. After all, not only do they pay reduced
rates for high wages, but the payroll tax entirely exempts their capital
income. What could be better than to divert populist protesters in
other directions?
And yet it would be a mistake to underestimate the importance of
our old enemy: the insurance analogy. As long as payroll taxes are
treated as premiums, they are inextricably joined in the public mind to
the fate of Social Security. This means that any effort to cut or re-
structure payroll taxes is readily framed as an assault on cherished
principles of social solidarity. Ordinary workers understandably refuse
to rebel at payroll taxes, which promise their only guarantee of secu-
rity in old age.
But once stakeholding removes old-age pensions from the work-
place, it will become painfully clear that the payroll tax has served as a
primary vehicle by which the rich have shifted their fiscal burden onto
the middle and lower classes over the past generation.8 Of course,
some tax is required to continue to fund the social insurance system.
Taxing Privilege 157 I
But once the insurance analogy has been exploded, we must return to
first principles and ask how this sum might best be raised.
An obvious choice would be the income tax, but we prefer to think
more broadly. Is it wise to jack up income-tax rates whenever progres-
sives need more money? Or are there other, no less progressive, ways
of proceeding?
We have already pursued a diversifying strategy by promoting a
wealth tax, rather than an income tax, as the primary source of revenue
for our basic stakeholding proposal. We follow a similar approach
here, broadening the traditional mix to include something we will call
the privilege tax.
Our case for the tax begins with some sobering reflections on the
ultimate limits of stakeholding. Even if our initiative were fully real-
ized, America would have a lot more work to do before achieving a
rough approximation of equality of opportunity.
To some extent, the problem is rooted in the dynamics of a free so-
ciety. After all, free choice in the marriage market hardly guarantees
family stability—and children will often bear the brunt of the ensu-
ing breakdowns. Even if all families were loving and stable, different
parents would gain vastly different rewards in the marketplace and
offer their children very different arrays of educational and social op-
portunities.
This much may be the inevitable consequence of life in a free soci-
ety, but the current social response to inequality of fortune is not.
When a child is shunted into a series of foster homes and fifth-rate
schools, this is not the inexorable consequence of freedom but the
avoidable failure of public institutions. It is here, of course, where
stakeholding's limitations become plain: while our program for young
adults will have constructive long-term consequences on child rear-
ing,9 the major role in equalizing opportunity at earlier stages of life
must be discharged by other programs, ranging from Head Start
through foster care and primary and secondary education. As long as
I 158 Expanding the Stake
$380.12 Adults coming from the most privileged backgrounds will pay
a multiple of this, say, $3,800 a year. If the average American pays a
privilege tax of $2,090 a year, this will completely replace those payroll
taxes presently funding retirement benefits. If the privilege tax
catches on, we would go further. A tax of $6,300 on the most privi-
leged, $3,465 on the average American, and $630 on the least privi-
leged would allow us to eliminate all payroll taxes for Social Security
and Medicare—payments that cost the average worker $3,935 per
year in 1996 (Table I).13
Politically speaking, it is hard to assess the long-run future of the
progressive privilege tax. The idea is so novel that it may take a while
to sink in. While everyone realizes the reality of unequal opportunity,
it may seem discriminatory to take this fact into account in setting
taxes. But any tax falls more heavily on some than on others, and the
unique strength of the privilege tax is that its burden falls squarely on
the recipients of unjust privilege. Empirical work also suggests that
the privilege tax will be progressive in the more familiar sense—mea-
sured either by income or by educational achievement.14
In any event, people will have plenty of time to get used to the idea.
Our initiative will emerge with full force only after a generation-long
transitional period. When all is said and done, the privilege tax lacks
the immediate political appeal of other elements in our program. It re-
mains a tax, and who can get very excited about replacing one tax with
another?
Nonetheless, there is a surprising amount to be said on its behalf.
Privilege in America
Americans don't like to talk about class. But the facts speak for them-
selves. Millions of Americans get a head start simply because they are
born into privileged circumstances. Many others are disadvantaged
during childhood and stay that way for life.
The statistics are strikingly consistent. Children who grow up in
poor households are more likely to become teen mothers, to drop out
of high school, to accumulate fewer years of education, and to perform
worse on cognitive tests.15 Children whose parents did not complete
high school are much more likely to become dropouts themselves.16
The adult children of the poor are more likely to be unemployed as
young adults and more likely to be on welfare.17 Although there is sig-
nificant controversy over the role of money in causing these divergent
outcomes, the correlation is strong and widely acknowledged.18
When we turn to the high side of the social scale, the link between
money and prospects is obvious. SAT scores are strongly correlated
with parental income.19 High-income students can more easily afford
special coaching, remedial help, and private schools.20 And because
they are more likely to attend prestigious private colleges, they have
better odds of being admitted to graduate and professional schools.21
All these advantages are particularly valuable at a time when the eco-
nomic returns to higher education are high and rising.22
Taxing Privilege 161 j
To put the point another way, contrast the situation of two success-
ful American families, each with two professional parents earning
$100,000 a year as lawyers. One couple reaches the yuppie heights
after negotiating the challenges of a privileged childhood in America s
suburbs, moving on to Harvard, and then marrying each other while
they were students at Columbia Law School. The other two come out
of the slums of Americas big cities, work their way through state uni-
versities and law schools, and then scramble their way to success. As
far as income and payroll taxes are concerned, each family's $200,000
is treated equally. But is this really right? Wouldn't replacing the pay-
roll tax with a privilege tax add a useful dimension of fairness?
These questions seem especially worth asking in the present con-
text, where we are trying to find a suitable funding source for retire-
ment pensions. As we have seen, the liberal case for these pensions
depends on each young adult s obligation to see his current circum-
stances as belonging to only one phase in a larger life cycle and to take
the interests of his future self into account. But if we push this life-
cycle point further, it leads to a distinctive argument for privilege
taxation.
A simple chart can illustrate our point. Contrast the lifelong situa-
tions of three representative American citizens who enjoy very differ-
ent levels of privilege during childhood (Table 2). The plus signs, zeros,
and minus signs represent differential privilege while growing up.
This, in turn, is capped by the egalitarian gesture of stakeholding—
marked by the entry for eighty thousand dollars in all three columns.
Then come the question marks signifying the manifold ways in which
free men and women combine their early backgrounds with their
stakes to live a bewildering multiplicity of lives, yielding very different
results. After this long period of freedom, a fixed and equal quantity
enters once again into each citizen s profile. Under expanded stake-
holding, each citizen receives a minimum pension for his or her old
age, here denoted by $670 per month, although each is free to increase
it by any amount he or she chooses, here denoted by question marks
representing private pension savings during earlier stages of life.
Within this framework, we are proposing to link the first and last
phases of a citizen s life. Because the government will have to raise the
money for citizens' pensions from somebody, isn't it fair to ask the
most privileged to put more money into the kitty?
America would be a much better place if the government had ef-
fectively intervened to provide a first-class learning environment to all
children, regardless of the wealth of their parents. If all three repre-
sentative citizens in our table had begun adult life from roughly equal
points, we would be the first to reject the privilege tax. But we will be
far, far away from this ideal condition for a long time to come. And in
the meantime, it is only fair to tax those who have profited from un-
equal opportunity.
So far, we have been talking the language of justice. But a second
range of arguments becomes available once we shift our terms to
questions of efficiency and tax neutrality. As any economist will tell
you, the payroll tax imposes a "deadweight" loss on our economy.
Because workers fork over 15 percent of hourly wages to the social in-
surance fund, they can't take into account their full marginal contribu-
tion to the production process.29 If, for example, a worker generates
$10 an hour, he gets to take home only $8.50 after the payroll tax has
done its work. This in turn distorts each person s decision about how
much and how hard to work.
Taxing Privilege 165 1
Defining Privilege
We propose to measure privilege by looking at one, and only one,
feature of each child's environment; the amount of money that his par-
ents earn while he is growing up. Not only is money the most measur-
Taxing Privilege 167 I
able unit of social power, but it also correlates with enduring advan-
tage. Perhaps poor parents provide their children with poor opportu-
nities because they have absorbed deep "cultural pathologies" that
disable them from adult achievement. But it is not necessary for the
tax authorities to probe into such contestable realms of cultural cri-
tique. It is enough for them to know that poor children, for whatever
reason, systematically underperform on a wide range of economic and
social skills that are useful in a vast array of life patterns.34 Although
other factors—like parental education—may be even more strongly
correlated with a child's relative disadvantage, there is no readily ad-
ministrable way to measure them.35
The same points hold when we seek to assess superprivilege. Tax
authorities need not consider whether the advantages of growing up
with rich parents are caused by the superior role models that they pro-
vide, by the first-rate education that their money buys, by direct trans-
fers of cash, or by social connections. It is enough that parental income
is roughly correlated with all of these things.
This said, the crucial first step in calculating a privilege tax is well
within the existing bureaucratic capacities of the Internal Revenue
Service—at least for the children of the 150 million Americans who
file income-tax forms each year.36 Since 1987, parents have had to re-
port their children's Social Security numbers in order to claim the tax
exemption for dependents.37 This should be enough to establish a
sound basis for a two-bracket privilege-tax system. Stakeholders com-
ing from high-income families will be assigned to a higher tax bracket
than the bulk of Americans. Our own calculations indicate that the top
bracket will include about 20 percent of American taxpayers—repre-
senting adults who spent nine or more years of their childhood in the
very highest income group.38
Tougher problems arise in implementing a lower bracket for disad-
vantaged taxpayers. About 20 percent of the total population spends
seven or more years of their childhood in the lowest-income group.39
I 168 Expanding the Stake
The question is how to identify them. Many have never filed income-
tax returns, many have never been on welfare, and in any event, cur-
rent welfare records are a mess.40
The solution is to cast a broad informational net. Taxpayers should
be invited to proffer several kinds of proof. Evidence of a prolonged
stay in foster care or a long-term spell on public assistance should
serve as reliable indicators. More difficulty enters when the taxpayer
seeks to infer disadvantage from a negative. For example, the Social
Security Administration has extremely good records of earnings and
payroll-tax payments that stretch over decades. It should be quite easy,
then, to prove that one s parents reported low or nonexistent earnings.
But what if they earned lots of money off the books?
Happily, the system will have plenty of time to grapple with these
difficulties. A complete transition from the payroll tax to the privilege
tax will take a full generation. For the first decade or two, the privilege
tax, if used at all, would be of quite modest dimensions and could be
readily handled by a two-bracket system—dividing the top 20 percent
from the remaining 80 percent.41 By the time privilege taxes become
substantial, we should have a better informational base for a three-
bracket system.
Policy Questions
Once the basis of privilege has been defined, a series of policy deci-
sions will be required to assign each taxpayer to an appropriate bracket.
Computers would be used to calculate parental income during each of
a taxpayers first eighteen years of childhood. The highest—or low-
est—seven to nine years would determine whether the taxpayer would
be in the high, medium, or low bracket.42 The use of a longer period,
and not a single-year snapshot, will generate a better indicator of over-
all advantage and reduce incentives for tax gamesmanship.
We also think that a certain sophistication is called for in designing
an appropriate rate schedule. Instead of hitting twenty-one-year-olds
Taxing Privilege 169 I
with the full privilege tax, the rate should increase gradually until it
reaches full strength at, say, age thirty-five, by which time most people
will have settled into their solid earning years.43 At this point, we
would leave the rate unchanged until the taxpayer qualified for a citi-
zen s pension, at which point the tax would drop to zero. Of course, we
have no stake in the precise schedule. Should a twenty-one-year-old
pay 40 or 60 percent of the privilege tax paid by a thirty-five-year-old?
Should payments begin to decline when the taxpayer reaches fifty-
five?
We take a similar approach to other key policy questions. Most ob-
viously, how should a child in a five-child family earning $200,000 be
compared to an only child with the same family income?44 What about
children of divorced and remarried parents?45 How can we ensure
that high-earning parents do not report artificially low incomes through
the use of nontaxable fringe benefits, deferred compensation, tax-
exempt bonds, and the like?46
While we explore a range of options in the endnotes, it makes no
sense to search for a single "right" answer. As in many other areas of
tax law, the best we can do is to design a sensible compromise. These
exercises in drawing lines should not divert us from the big picture: we
all know that a significant percentage of children do indeed enjoy sys-
tematic privilege, and we should not allow quibbles on the margins to
obscure this central fact. The ruling categories of tax law have never
captured the nuances of life. The question is whether these new tax
brackets will create a system that is a lot fairer than the regressive pay-
roll-tax categories they will displace.
Escape Hatches
The rough-and-ready character of the privilege brackets suggest the
wisdom of allowing "hardship cases" to take advantage of an escape
hatch. Because high parental income is only statistically correlated
with enduring economic and social advantage, taxpayers should be
I 170 Expanding the Stake
the escape hatch, each spouse should report half the couple s total in-
come. Income will also be a poor measure of economic status in a few
cases because wealth is invested in low-earning or tax-exempt assets.
But the new wealth tax will provide a useful alternative measure of tax-
paying capacity.50
As a third safeguard, we would make the income (and wealth) thresh-
old for tax relief quite significant. Simply because a child of privilege
chooses to become an elementary-school teacher rather than a busi-
nessman, he should not be allowed to escape paying his fair share.
After all, many fellow citizens were never given the effective opportu-
nity to make such choices. It is only if a privileged person consistently
earns less than, say, 175 percent of the poverty threshold that the IRS
should take his claim seriously.51 And the income threshold for mov-
ing into the lowest privilege bracket should be even stricter, requiring
a below-poverty-level income for an even longer period.
Opinions will differ as to the best place to draw the line. Some may
even conclude that the bureaucratic complexity involved in creating
escape hatches outweighs the potential for individualized justice—es-
pecially once the risks of bureaucratic arbitrariness and corruption are
entered into the scales.
We do not agree.
Problems of Enforcement
With the escape hatch put aside, a final question of administration
arises: how can we ensure that people pay their privilege taxes? And
what should be the penalty for nonpayment?
For most people, enforcement will simply piggyback on the in-
come- and wealth-tax systems. When you file your income- or wealth-
tax return, you will have to declare and pay your privilege tax too.
Wage withholding during the year could be increased to reflect tax-
payers' privilege-tax brackets. And tax evaders would be subject to the
I 172 Expanding the Stake
Class Warfare?
Suppose we have convinced you that privilege taxation is well within
the administrative capacities of the computer-assisted governments of
the twenty-first century. This hardly suffices to respond to the ques-
tions of principle that may be raised against it. Most obviously, doesn't
the tax signal the rise of explicit class warfare?
No more than our present taxes do. The progressive income tax
is expressly justified on the ground that the rich should pay more.
Even more conspicuous is the payroll tax, which is explicitly and egre-
giously pro-rich. In urging its elimination, we are not the ones who
are introducing class into the debate. We are simply trying to put on
a sounder footing the question of what different classes owe to one
another.
At present, our tax categories reflect an older, Marxist understand-
ing of the class struggle. The capital-gains tax burdens "capitalists/*
and the payroll tax burdens "the working class." In contrast, the privi-
lege tax proceeds from the fundamental concerns of liberal individual-
ism. It is not ones relationship to the means of production that should
shape tax status but the extent to which liberal society has honored its
promise of equal opportunity.
It is no disgrace for tax law to recognize the unfulfilled character of
this promise. To the contrary: our sense of political community is in
greater danger if America refuses to confront its failures and pretends
that Utopia has arrived. One of the greatest advantages of the privilege
tax is its continuing reminder of the imperative need to build a world
I 174 Expanding the Stake
More Criticisms
ing salaries to make up part or all of the difference. All in all, this ob-
jection is minor at best.
A second problem is more serious. It focuses on our proposals
likely impact on women. After all, a woman will have to pay her tax
even if she spends all her time raising children. Won't the tax force her
into the labor market or into further dependence on a wage-earning
partner?
Yes, but we think that this objection is misplaced. For one thing,
women will also have their eighty-thousand-dollar stakes to serve as a
buffer. For another, the real problem is not the privilege tax but how
our society presently pays for child-rearing. Although this book is not
about the early years of life and we cannot fully argue the case, we sup-
port the basic idea of family allowances. Given the concerns of the lib-
eral state with equal opportunity, it only makes sense to compensate
caregivers for their crucial work at the moment of each youngster s
greatest vulnerability.
If this were done, the liberal state should maintain tax neutrality be-
tween competing ideals of motherhood. Once a woman is provided
with a child allowance, it should be up to her to decide whether to pay
herself and stay at home or to pay someone else to care for her child
while she worked. Similarly, she should not be told that she can escape
the privilege tax by pursuing one option rather than another.
Granted, the United States does not presently have a European-
style universal family allowance. But we resist eroding the simplicity
and moral force of the privilege tax by creating exemptions keyed to
other pervasive injustices. Given their number, the tax would soon be
riddled with exceptions. Moreover, a privilege-tax exemption would
have perverse consequences. A mother from a poor background
would gain only $380, whereas one from the right side of the tracks
would gain $3,800—for the same work. It is better to channel reform
energies into more constructive paths.
I 176 Expanding the Stake
just about ready to retire—in about fifty-five years. At that point, the
payroll tax would phase out as the Social Security system expires, and
the privilege tax would be phased in, as more and more citizens claim
a citizen s pension.55
Citizens' pensions and the privilege tax mark a first effort to expand
stakeholding beyond our basic proposal. If our initiative catches on, it
can provide a framework for many more efforts to rethink other as-
pects of the existing welfare state. But for now it is more important to
stand back from the trees and take a final look at the forest.
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PartS
Ideals
Two hundred years ago, Tom Paine surveyed the revolutionary world
that he helped create and saw that something was missing: "A revolu-
tion in the state of civilization is the necessary companion of revolu-
tions in the system of government/'1 This could be accomplished, he
was convinced, only through stakeholding. Every citizen, Paine in-
sisted, had a right to a stake of fifteen pounds sterling "when arrived at
the age of twenty-one years . . . and also the sum of ten Pounds per
annum, during life, to every person now living of the age of fifty years,
and to all others as they shall arrive at that age."2 In a remarkable ges-
ture for the year 1797, Paine provided that this expanded stake should
go to every man and woman. Regardless of his or her claims on private
wealth, each should be accorded an economic stake in the common-
wealth.
Paine directed his essay to the revolutionary government of France,
but he plainly intended it for a much broader audience: "Already the
conviction that government, by representation, is the true system of
government is spreading itself fast in the world. The reasonableness of
181
I 182 Defending the Stake
it can be seen by all. The justness of it makes itself felt even by its op-
posers. But when a system of civilization, growing out of that system of
government, shall be so organized, that not a man or woman born in
the republic, but shall inherit some means of beginning the world, and
see before them the certainty of escaping the miseries, that under
other governments accompany old age, the revolution of France will
have an advocate and an ally in the heart of all nations."3
Paine s thoughts on revenue-raising were a bit more primitive, but
once again there are striking parallels to our proposal. He urged the
creation of a "National Fund" from a special tax levied on all inheri-
tances: "The subtraction will be made at a time that best admits it,
which is, at the moment that property is passing by the death of one
person to the possession of another. . . . The monopoly of natural in-
heritance, to which there never was a right, begins to cease. . . . A gen-
erous man would not wish it to continue, and a just man will rejoice to
see it abolished/'4 Unfortunately, Paine failed to recognize that his ini-
tiative could never be effective without being supplemented by a sys-
tem of gift and wealth taxes. Nonetheless, the similarity between
Paine s National Fund and our payback requirement is clear enough,
despite the distance of two centuries.
Paine was the greatest but not the only visionary who has glimpsed
the promise of stakeholding over the years.5 While we are encouraged
by these examples—Paine s essay Common Sense helped spark the
American Revolution—there is, as always, a darker side. After all,
Paine and the others utterly failed to catalyze a strong popular re-
sponse for stakeholding. If they failed, why should we succeed?
about; for others, stakeholding only seems to be the latest in a long line
of crackpot schemes that fail to improve upon the invisible hand.
There can be no hope of ending this great debate between progres-
sives and conservatives. Nonetheless, the doubts of conservatives did
not stop previous generations from embarking on great reforms that
most Americans now take for granted. Why should they stop us now?
Our proposal will generate other lines of conflict. Most obviously, it
will divide haves and have-nots. The fact that 59 percent of Americans
will pay nothing in wealth taxes will force politicians to think twice be-
fore opposing stakeholding, but it is easy to predict emphatic opposi-
tion from many rich Americans. The initiative will also intensify the
clash between generations that increasingly marks our politics. Be-
cause wealth is heavily correlated with age, successful men and women
who are over sixty will bear the brunt of our new tax. While many may
be persuaded by the justice of our proposal—and the prospect of their
grandchildren gaining a solid start in life—it is only natural to expect
much skepticism as well.
Stakeholding will look very different farther down the age distribu-
tion. Consider the situation of a married couple of forty blessed with
two children often and twelve: will they vote to give their kids a stake
of eighty thousand dollars apiece in a decade or so, or will they be de-
terred by the prospect of heavy wealth taxes as they grow older and
richer?
This answer will be pretty easy for most forty-something parents,
who will be paying absolutely no wealth tax because their total assets
won't exceed the eighty-thousand-dollar exemption.11 Many may hope
that, in twenty more years, they will have accumulated a lot more. But
if they are like most parents and care deeply about their children's fu-
ture, they may be perfectly willing to exchange the uncertain prospect
of higher taxes later for a rock-solid eighty-thousand-dollar stake ac-
cruing to each child in the nearer term.
I 190 Defending the Stake
The same is even truer for the vast majority of Americans in their
twenties and thirties who either have very young children or are think-
ing about becoming parents. They may regret that stakeholding has
come too late for them, but they will have every interest in seeing that
their children gain this precious advantage when their time comes.
Obviously, the calculus will look much different for the substan-
tial number of childless adults and for the relatively small group of
younger and middle-aged Americans with large assets.12 But we have
never suggested that our proposal is to everybody's advantage. Nor do
we suppose that everybody's position will be determined by a narrow
economic calculus focusing on self and family. As in all political exer-
cises, each voter will come to judgment after filtering self-interest
through a sense of civic obligation and the substantive merits. Some
will vote against stakeholding even though it might profit their kids
mightily, simply because they think it s an awful idea. And vice versa.
Nevertheless, we have said enough to suggest that the political po-
tential of stakeholding is considerable. Although the idea might be un-
familiar, it is not Utopian. The first politician who seriously takes it up
will find herself appealing to the very concrete interests of a massive
majority of Americans. Of course, the fate of the initiative will depend
on the political skill of the leadership that emerges on both sides of the
debate. But it will also depend on how ordinary men and women an-
swer a simple question: do Americans believe in equal opportunity any
more?
Maybe not. Only time will tell. But it is far too early to dismiss
stakeholding as a pipe dream that could not command the attention of
ordinary people.
In making the political case for stakeholding, we envision a two-
stage process. For the next generation, the initiative can inspire a seri-
ous politics of mass engagement, which would give renewed meaning
to American citizenship in this time of drift. Over the longer run, the
political success of stakeholding will generate an ongoing system of
Ideals 191
taxation and entitlement that revitalizes our social contract and serves
as an enduring source of civic identity for our children and our chil-
dren's children.
It will be easy for culture critics to sneer as Joe American uses his
stake to agonize over the car he should buy or the clothes he should
wear. But these mundane decisions are profoundly expressive of our
ordinary identities and offer continual opportunities for personal re-
definition and development. Their human importance should not be
dismissed by fashionable talk about "commodification" as the root
cause of alienation in modern life.
We do not deny that something important has been lost in the shift
to the modern marketplace of mass production and consumer choice.
There was a dignity in growing your own food and having long-lasting
relationships with your neighbors. Indeed, some brave souls will un-
doubtedly use their stakes to reestablish more authentic communal re-
lationships or seek to live in greater harmony with nature. We respect
these efforts, but refuse to privilege them: it is up to each American to
decide on his own responsibility whether modern life is worth its
moral costs. The glory of stakeholding lies not in any individuals par-
ticular answer but in the new space it opens for each citizen to con-
front such questions.
Stakeholding, in short, takes individualism seriously by enabling
each of us to take himself seriously. The economic independence af-
forded by eighty thousand dollars hardly provides insulation against all
the hazards of life But it would be silly for mere mortals to aspire to so
absolute an independence. It is even possible to have too much inde-
pendence from the market, rather than too little. Imagine, for exam-
ple, that America were magically placed in a position to add a couple
of zeros to each stake, pushing the number from $80,000 to $8 million
for every young adult: would it really be good to transform the average
American into a spoiled brat living in New York on an overly large trust
fund?
There is no danger of that. The question is not whether Americans
will become spoiled brats, but whether they should enjoy the land of
Ideals 193 I
during childhood to define and develop her talents that she should be
given an equal stake to develop them further as a young adult. Our
case for redistribution, in short, is not based on the notion that the
community owns each individual s abilities. It is based on the commu-
nity s obligation to give each person equal respect by providing her
with equal resources to develop her unique talents.
Here, as elsewhere, our vision of the stakeholding society invites
you to transcend easy dichotomies between individualism and collec-
tivism in order to glimpse a life that reinforces both aspects of our
identities. When our children or grandchildren come forward to claim
their stakes, they are doing it for themselves and for America; they are
recognizing their common citizenship and gaining the effective free-
dom to take their own projects of self-definition seriously.
They are building a liberal community.
countries makes a step toward justice among its own citizens, this cre-
ates a greater disparity between it and other countries. If this increas-
ing disparity were enough to condemn the initiative, no country
should ever make any moves toward justice for fear of disparaging the
rest of the world. But this can't be right.
Turning from morals to politics, we think that stakeholding is more
likely to diminish xenophobia than encourage it. Unless some serious
steps are taken to assure a broader distribution of the benefits of our
globalizing economy, it is only a matter of time before we will see a
powerful backlash from the majority who are left behind. In contrast,
the sort of politics that will yield stakeholding may turn out to be quite
benign for those who do not share directly in its advantages. When all
is said and done, the fate of our initiative depends on a politics of in-
clusion—stakeholding will become a reality only if tens of millions of
Americans can be persuaded to transcend their deep skepticism about
government and work together for a common goal. When this has hap-
pened in the past—during Reconstruction, the New Deal, and the
civil rights revolution—the politics of inclusion had sufficient momen-
tum to embrace others far beyond its original concerns. This could
happen once again: though resident aliens might not share in stake-
holding, they might well gain from the larger concern with social jus-
tice that a more democratic and inclusionaiy politics reflects.
Only one thing seems clear: the possible danger of an ugly chauvin-
ism is too speculative to serve as a decisive reason for rejecting stake-
holding. To the contrary, we think it much more likely that the ultimate
outcome will be benign. Given Americas influence in the world, its
success in moving forward with stakeholding may encourage other
countries to make similar experiments. And wouldn't that be a good
thing?
We can be less Panglossian when it comes to the problem posed by
citizens who blow their stakes on a BMW and a wild fling in Las Vegas.
These people will not encounter a very sympathetic audience when
I 196 Defending the Stake
they plead for further assistance from their fellow citizens. Nor should
they. Freedom and responsibility are deeply linked in a liberal state. If
a person uses his freedom unwisely, he cannot expect to avoid ac-
countability for his actions.
There may be extenuating circumstances. In many cases, but not in
all, the stakeblowers will have come from disadvantaged childhoods
and so may justly claim that they have still been deprived of their full
measure of equality of opportunity. Nonetheless, we are not inclined
to move too eagerly or too far down this path of extenuation. The best
way to respond to these other injustices is to eradicate them, not to
declare that their victims should be treated as something less than re-
sponsible adults.
But all adults make painful mistakes, and there certainly should be
room for compassion in any good society. While churches and other
institutions of civil society should play a leading part in helping people
in trouble, the state should play a backup role—even though the level
of assistance to stakeblowers will seem low in comparison, say, to the
levels prevailing in European welfare states. It is a hard call, but one
that must be made: it is more important to ensure that all Americans
enjoy more equal freedom to shape their lives than to give more gen-
erous relief to those who fail the test of freedom.
We console ourselves with one bitter fact. America is so ungenerous
in its welfare policies at present that it is hard to imagine it getting
much stingier. Nonetheless, the plight of the stakeblower does em-
phasize the divide between our proposal and those emerging from the
utilitarian philosophies that have inspired the welfare state over the
past century. At the end of the day, there is a choice to be made, and
we make it on behalf of the right of each and every individual to real
freedom to shape his own life and take responsibility for his own fate.
11
Alternatives
All this prepares the ground for a response to a criticism that we have
frequently encountered: "Stakeholding sounds nice, but aren't there
better and cheaper ways of fighting poverty?"
We will consider concrete alternatives shortly, but first we want to
challenge the question. Stakeholding is not a poverty program. It is a
citizenship program. It is not concerned simply with raising the bot-
tom. It aims to realize our commitment as Americans to freedom and
equality for all. Our initiative will succeed whenever a young man or
woman from the suburbs gains the freedom to start a family or small
business, as it will whenever a child of the inner city grows up know-
ing that there is a pot of gold at the end of the rainbow if he graduates
from high school and keeps clear of crime.
Some will fail the test of freedom. But even failure will cut across
class lines. Some spoiled brats from the suburbs will blow their stakes,
while millions of poor kids from the center city will make the most of
their one big chance. For all the frightened talk of an American "un-
derclass," the number of seriously troubled young adults is relatively
197
I 198 Defending the Stake
small, and we have taken steps to place their stakes in trust.1 As a mat-
ter of principle, we reject the notion that the predictable failure of
some should deprive all of the opportunity to give reality to the
promise of freedom.
It is from this vantage that we turn to consider a broad range of al-
ternatives to stakeholding. We begin with the existing agenda, from
traditional tinkerings with the tax code to newer proposals to privatize
Social Security. After this brief survey, we turn to more visionary pro-
posals. Compared to the present mix of moral drift and symbolic poli-
tics, all of them seem quite promising. Each has advantages and
disadvantages when compared to stakeholding. It is up to you to tote
up the balance sheet and determine how we might best move beyond
the status quo.
suppose that five hundred dollars a year will improve parents' child
care options or allow them to take time off from work to care for their
kids. Worse yet, this gimmick cannot be used by the parents of 30 per-
cent of America's children—these families don't earn enough to qual-
ify for the credit.7
We are also skeptical of another emerging boomlet: enterprise zones,
which use tax incentives to encourage businesses to reenter the inner
city. Jack Kemp, a Republican, has been the most vocal cheerleader,
but Democratic president Bill Clinton endorsed a cheap version of the
initiative—with the grand name "empowerment zones"—as part of
the tax package of 1993.
Inner cities are in bad shape, and we agree that there is a powerful
case for well-coordinated government action.8 Individual entrepre-
neurs are understandably reluctant to be the first to reenter a blighted
zone, and a coordinated program of development might persuade firms
that an area is ripe for recovery.
But this kind of coordination requires more than the handful of
modest tax breaks that the program offers to firms that operate in em-
powerment zones.9 While the federal tax breaks are too new for em-
pirical evaluation, the experiences of states with similar programs has
not been very positive.10 The cost per job created has been extremely
high, and the economic benefits to communities have been minimal.
As symbolic politics goes, empowerment zones don't do too much
harm. But it would be silly to take them seriously as an alternative to
stakeholding or as a meaningful strategy to help the inner cities.
Education
The 1997 tax law takes a small step toward making college more af-
fordable for more families. Middle-class parents can now claim an
array of new tax credits to help pay for their children's college tuition
and can save for future college costs in tax-favored accounts.11 These
are nice gestures, but they are worth only fifteen hundred dollars a
I 200 Defending the Stake
year at most.12 And the new rules are so complicated that most par-
ents will need a tax accountant to figure them out. By comparison,
stakeholding takes a giant step toward expanding access to higher
education.13
Even with the most generous education subsidies imaginable, the
majority of Americans will never earn four-year college diplomas—nor
should they. Expanding opportunity is a good thing. But college is not
for everyone, and it should not be the sole avenue for young men and
women to gain the resources they need to shape their lives as free and
equal citizens. Higher-education subsidies only serve to strengthen
the current two-class system, divided between those with college de-
grees and those without. Stakeholding is different. To all Americans,
and not just to the college-bound, it gives the economic independence
that they need to gain training in ways that make sense for them and
design their own path to a meaningful life.
Welfare Reform
While the middle class is being treated to child tax credits and the
upper classes are enjoying a sizable cut in taxes on capital gains and
bequests, America is turning its back on the poor.14 Recent welfare re-
forms impose strict new work requirements and a time limit on cash
benefits.15 The new approach promises to "end welfare as we know it,"
but it comes at the expense of millions of vulnerable people. When
they can find jobs, most welfare recipients earn wages too low to sup-
port their families, even at the poverty level.16 And barriers ranging
from inadequate or no child care to limited transportation often make
it difficult for them to get and keep a job.17 Although the current eco-
nomic boom is cushioning the transition to the new rules, the next
business downturn will throw millions out of work.18 Welfare time
limits make for good sound bites, but they cannot alter the business
cycle. The only certainty is that another generation of children will be
denied their claims to equal opportunity.
Alternatives 201 I
The current agenda for "reform" is grim and getting grimmer. The
challenge is to look beyond this dark period and collect our intellectual
forces for the time—and it will come—when the injustices of the sta-
tus quo become intolerable. Stakeholding is our effort to keep this
conversation going. We are glad to see that others are similarly in-
clined.
National Service?
Like us, Mickey Kaus aims for a rebirth in civic commitment.26 But he
does not seek to rekindle the flame by giving new economic reality to
Americas promise of equal opportunity. His book The End of Equality
treats increasing economic inequality as an inexorable feature of mod-
ern capitalism and urges progressives to resign themselves to the
yawning gap between the rich and the poor. Rather than reasserting
the moral importance of distributive justice, we should aim to make
Alternatives 203 I
Rewarding Work
In contrast to Mickey Kaus, Edmund Phelps is a kindred spirit.31 Like
us, he is a liberal who wants to rethink the foundations of the welfare
state; like us, he rejects the classic libertarian phobia against redistrib-
ution; like us, he wishes to take advantage of the last generation of
liberal philosophy—he explicitly draws on the work of John Rawls—as
the inspiration for a practical program of reform; and like us, he is in-
terested not in Band-Aids but in something that would make a real dif-
ference to tens of millions of Americans.
But Phelps s book Rewarding Work takes a direction different from
stakeholding. His centerpiece is job creation at the bottom, not equal
Alternatives 205 I
opportunity for all. In taking this step, he rightly rejects the device
presently favored by politicians: raising the minimum wage.32 While
modest hikes might not be too harmful, the big increase needed to
make a real difference—say, a raise of three dollars an hour—could
have catastrophic consequences on the demand for low-skilled labor,
throwing out of work the very people whom the policy is supposed to
help.33 We also join Phelps in questioning massive job programs in
which government serves as the employer of last resort. In America at
least, there is simply too great a danger that a jobs program would pro-
mote corruption and political patronage without in fact delivering
meaningful work to those who need it. Such a fiasco would only serve
to further discredit the claim that activist government can deliver on
social justice.
Phelps has a better idea. He proposes to subsidize private employers
for hiring low-skilled workers. If a firm were willing to pay a worker
four dollars an hour, the government would kick in an extra three dol-
lars. The subsidy schedule would phase out for higher wage rates: for
example, for workers earning five dollars an hour, the grant would be
only $2.30.34 Phelps predicts that competition would lead employers
to pass on the full subsidy to their workers.35
Under this program, a four-dollar-an-hour worker would take home
seven dollars per hour. For full-time work, that amounts to a subsidy
of six thousand dollars per year and a total wage of fourteen thousand
dollars—just over the 1996 poverty line for a family of three.36 More-
over, the higher wages—funded by the government subsidies, at no
cost to the employer—would induce more low-wage workers to get
jobs. All this would not come cheap. Phelps estimates that it would
cost $125 billion a year, although he thinks that much or all of it would
be offset by savings from other government welfare programs.37
We applaud Phelps s ambition. We hope that his book heralds a new
round of liberal dialogue. We mean to continue this dialogue by con-
sidering the salient differences—both philosophical and practical—
I 206 Defending the Stake
that distinguish our alternative proposals. What accounts for the fact
that our broadly similar projects yield different bottom lines?
Begin with our contrasting definitions of the basic problem. For us,
it is inequality of opportunity. Phelps is more outcome-oriented. He is
concerned with the fact that working-class wages are falling farther
and farther behind middle-class salaries.38 Given his focus, his pro-
posal—to close the gap by subsidizing wages at the bottom—makes
sense. For us, these outcomes are important as a signal of increasing
inequality of opportunity for the working class. The challenge is to go
to the source of these inequalities by providing resources through
which each citizen may invest in his skills and otherwise enhance his
opportunities.
A second disagreement involves the scope of liberal community.
Phelps locates the sense of justice in the workplace. In his view, high-
wage earners have a responsibility—which they already intuit—to their
low-wage collaborators. They recognize that their own high salaries
are due in part—albeit in ways that are difficult to measure—to their
less well paid coworkers. And they understand that justice requires
them to share these collaborative gains fairly. Phelpss government
subsidy implements this workplace intuition.39
We invoke a different community. Our appeal is to our fellow citi-
zens, not our fellow workers. This difference shapes the structure of
our entire proposal: it is as Americans, not as workers, that stakehold-
ers claim eighty thousand dollars, as Americans that they accept their
citizens' pensions, and as Americans that they make their contribu-
tions through the wealth tax, the payback, and the privilege tax.
We could well imagine a world in which Phelps s choice made more
sense. In such a world, people would primarily think of themselves not
as citizens of a nation but as workers in an industry. When they wished
to organize for social justice, their first instinct would be to join their
fellow workers in a union, not agitate among their fellow citizens for
economic reform. This was, indeed, precisely the aspiration of the So-
Alternatives 207 I
work and family life, they will confront wages that reflect the marginal
product of their market work. If this is low, perhaps they are right to
think that they should be spending more time with their children.
While it is unfair to expect women alone to bear most of the dual bur-
den of family duties and work, this is precisely the situation of most
working mothers today. In the short term, stakeholding will enhance
the power of women to make the most sensible accommodation to an
unjust reality. In the longer term, it will not only convey a symbolic
message of support for gender equality but will also give enterprising
women the real resources they need to challenge traditional expecta-
tions and make their own way in the world.
In contrast, Phelps wants to reinforce men's connection to the
workplace and women's economic reliance on men. For him, market
work has intrinsic benefits that trump the value of freedom. While he
slights the distinctive situation of women, he views the situation of
low-skilled males, especially minorities, with alarm.41 Phelps empha-
sizes the precipitous drop in participation in the labor market, the
explosive growth in prison populations, and other signs of social disin-
tegration among members of this group.42 Within this context, work
has therapeutic value, providing a lost generation with the structure
and discipline that they need to gain a sense of their human dignity. By
engineering a massive increase in the effective wage rate, Phelps
hopes to lure these lost workers away from the competing attractions
of crime and welfare. With higher wages, he claims, these men can
once again take on the role of breadwinners, with benefits for their
wives, their children, and their communities.43
Stakeholding also extends new hope to the disadvantaged—but
without invoking outdated gender roles. From their early years, un-
derprivileged children of all races will be looking forward to the stake
as their key to upward mobility. The promise of a citizen s stake of
eighty thousand dollars, moreover, is far more compelling than the dif-
ference between four dollars and seven dollars an hour.44 Parents and
Alternatives 209 I
teachers can be counted upon to stress to every child that he won't get
his eighty thousand dollars unless he graduates from high school and
that he will fritter it away unless he prepares himself for the hard work
ahead. No less important, stakeholding allows the child to dream.
While it can supplement low-wage work, it can also provide the re-
sources for fueling bigger ambitions. Instead of subsidizing people
to stay in low-skill jobs, stakeholding gives them the wherewithal to
move up.
We do not deny that some stakeholders will eventually end up
worse off under our initiative. They will waste their stake on frivolous
joyrides and face the prospect of endless low-wage labor or a life of
crime and dissolution. But given the powerful educational impact of
the stake, these losers may turn out to be less numerous in a stake-
holding society.
It is here that our philosophical differences with Phelps become
most apparent. The case for stakeholding does not ultimately rest on
its effects on employment, marriage, or crime. It rests on each Amer-
ican s claim to respect as a free and equal citizen. This claim carries
with it an acceptance of personal responsibility—for failure no less
than success. Although our plan would continue to provide some
safety nets, these will be less generous than those offered by Phelps s
plan, at least for those who can take up his offer of subsidized low-
wage work.
A fifth difference is more practical. Despite Phelps s criticism of the
old-fashioned welfare state, his initiative suffers from familiar bureau-
cratic pathologies. Employers will have powerful incentives to pad
their payrolls, understate wage rates, and inflate hours worked. Every
lie can earn them as much as three dollars an hour. Moreover, the
wage subsidy will go to workers with very different needs and family
incomes—teenage children of the middle class will be making seven
dollars an hour flipping hamburgers at McDonalds. Indeed, only 22
percent of workers earning the minimum wage live in families with
I 210 Defending the Stake
Basic Income
This brings us to a bold initiative that is even closer in spirit to stake-
holding. Proposals for a basic income call for guaranteeing an uncon-
ditional cash payment each year to each adult. Everyone would get the
basic income, regardless of their other income or wealth. Although de-
tails vary, the typical plan provides a substantial sum, but one far below
a subsistence-level income.48 For rough comparability with stakehold-
ing, let s set the sum at four thousand dollars per year.
The basic income is not an entirely new idea.49 In the United States,
George McGovern proposed a one-thousand-dollar "demogrant" in
the 1972 presidential election. Although McGoverns proposal encoun-
Alternatives 211 I
tered political skepticism, the basic income has lived on in the schol-
arly literature in economics and philosophy.50 Most recently, the idea
has begun to make a good deal of headway among progressive acade-
mics and politicians in Europe.51
We urge its serious consideration in the United States. Like stake-
holding, the basic income puts the emphasis on freedom. With a basic
income, everyone could count on at least four thousand dollars a year.
This sum hardly opens up a life of leisure, but it would grant most
Americans greater freedom to shape their lives. Some people would
continue to work just as hard and use their extra money to buy some-
thing: a better car, a better house, or perhaps private or parochial
school for their child. Others would use the extra money to buy time:
to go to school, to take care of young children, or just to take a month
off. And others might use the extra income to take a risk on changing
jobs or moving to a new community.
This extra freedom would have the greatest value for those in the
bottom half of the income distribution. Some people at the top would
have to pay higher taxes that would more than offset their four-
thousand-dollar basic income.52 But even many of them might gain a
real benefit over the course of their lives. Anyone who falls on hard
times or decides to make a hard change in life—getting a divorce,
leaving home, venturing to find a new job—could count on the annual
payment. Only a very privileged few at the very top can confidently
predict that they would never, under any circumstance, find comfort
or real aid in a basic income.
Like stakeholding, the basic income grants this freedom and secu-
rity without strings attached. It automatically supplements low wages
without bureaucracy or complex wage subsidies. And with a basic in-
come, more people can choose for themselves whether to work full-
time or part-time, making their own tradeoffs between more money
and more leisure.53
I 212 Defending the Stake
On the whole, we are even more positive about this plan than
Phelps s important initiative. But it diverges from stakeholding in a
way that we believe tips the balance in our direction.
The basic contrast is simple enough. Under stakeholding, each cit-
izen receives a stake of eighty thousand dollars one time in her life, but
under a basic-income program, she would receive four thousand dol-
lars every year. Of course, any lump sum can be converted into an
equivalent stream of annuity payments, and vice versa. But basic-
income proposals typically do not allow recipients to "cash out" their
stream of payments by pledging them to a bank in exchange for a big
cash payment.
The question, then, is whether this restriction on each individuals
freedom to plan the shape of her life is legitimate. Shouldn't we leave
it up to each young adult to decide on her own whether it is better to
buy a four-thousand-dollar annuity or to use her eighty thousand dol-
lars in other ways that make more sense of her life prospects? We can
think of two reasons for imposing such a severe restraint on personal
liberty—but, in the end, find neither persuasive.
The first rationale invites us to think deeply about the very meaning
of personal identity: is Joan at age twenty-one really the same person
as Joan at forty? If not, this supports the case for basic income over
stakeholding. If the forty-year-old Joan is really a completely different
person, or so the argument goes, the older Joan would take cold com-
fort in the fact that somebody else called Joan received eighty thou-
sand dollars long ago—especially if that somebody else had spent the
money on activities that the forty-year-old found valueless. Rather, she
would treat the stake received by Joan-at-twenty-one as morally equiv-
alent to the eighty thousand dollars received by some other person—
lets call him Jim. The fact that Jim and Joan-at-twenty-one received
stakes only makes it less fair that Joan-at-forty isn't receiving any
money.
Alternatives 213 I
For anyone who holds this discontinuous view of the self, the basic
income looks much fairer: Joan-at-forty receives precisely the same
four thousand dollars received by Joan-at-twenty-one and by Jim~at-
fifty-five. All discontinuous selves are treated equally.
No conclusion, however, is better than its premises. Although we
concede that the discontinuous view has a surprisingly large number
of philosophical adherents in these postmodern times, we ourselves
remained profoundly unconvinced.54 We do not deny, of course, that
life contains many surprising changes and that Joan at forty may be en-
gaged in projects radically different from those that she thought sensi-
ble twenty years before. Nonetheless, when she tells the story of her
life, she will not suppose that it began yesterday. She will recognize
that the configuration of her present life is inextricably connected to
the decisions made by Joan-at-twenty-one. While she may profoundly
regret some of these decisions, she will recognize them as her own.
Each of us has only one life, despite the fact that our experiences,
desires, and ideals change a lot over time. This life begins at birth and
ends at death, and there is no evading the challenge of giving it mean-
ing. Indeed, one of the big differences between children and grown-
ups is the way in which they deal with this challenge. Children may
imagine that their choices have no consequences for the meaning of
their life as a whole, but adults know better. To be sure, nobody sup-
poses that he can successfully micromanage his life or evade its many
surprises. Nonetheless, there comes a point where each competent
citizen should be deemed responsible for shaping the larger contours
of his existence—for better or for worse. To treat him otherwise is to
treat him as an eternal child.
This is the train of thought that leads us to prefer stakeholding over
the basic income. Granted, we have embraced certain limitations on
the young adult s right to take charge of his life. Although we are firmly
committed to a continuous view of the self, we also agree that young
I 214 Defending the Stake
adults may not always understand or empathize with their future cir-
cumstances, especially when there is a fifty- or seventy-five-year gap
between them and their successor-selves. Given these predictable
failures in empathetic understanding, even a liberal state may justly
intervene on behalf of the elderly self, forbidding the youthful stake-
holder to cash out the citizen s pension that guarantees him a dignified
retirement. To this extent, we do prefer a basic income over stake-
holding, for our citizen s pension is, in effect, a basic income under an-
other name. But it is one thing to authorize a limited incursion on the
right of adults to take responsibility for the shape of their lives, quite
another to allow the state to deny that we are ever grown up enough to
use a large chunk of resources to give our lives an enduring shape.
At this point, the first rationale for the basic income merges into a
second, more frankly paternalistic line of thought. As far as the pater-
nalist is concerned, the basic income is better because we are more
likely to prevent people from "wasting" their stake if we pay it out in
dribs and drabs over time. Even if people dissipate one years pay-
ment, they cannot prespend next years—and by then, we hope, they
will act more wisely.
We have taken a few steps to accommodate these anxieties. We
have denied high school dropouts control over their eighty thousand
dollars; instead, they receive what amounts to a basic income of four
thousand dollars' interest on their principal. And we recommend that
the stake be paid in four installments, rather than all at once, to give
people a chance to learn from their own and others' mistakes. Even if
someone were to waste his first twenty thousand dollars, he would re-
ceive a second chance, and a third, and a fourth. The difference, of
course, is that the basic income would give him a new chance every
year.
At the same time, the small amounts dribbled out annually never
really encourage the kind of sober reflection that stakeholding invites.
It is just too easy to spend four thousand dollars a year on incidentals
Alternatives 215 1
without ever confronting how the extra resources could help you re-
shape the larger contours of your life. One year, the four thousand dol-
lars may go for a slightly better car, the next year for a nicer vacation,
but there will never be an occasion for more fundamental reappraisals
and restructurings. If we judge from the anecdotal evidence, this has
been the experience of Alaska's mini-basic-income program, which
grants each citizen about one thousand dollars a year. Most Alaskans
seem to be using their money on consumerist binges; the grants are
just too small to encourage more fundamental reassessments.55
In contrast, eighty thousand dollars does provide the framework for
a period of basic appraisal, and at an age when such questioning may
make a real difference. You have a chance, once in your life, to step up
to the plate. If you plan ahead and act sensibly, you may win big. But
if you mess up, you live with the consequences. The basic income
cushions failure; stakeholding is a launching pad for success.
But perhaps we could have it both ways. A number of leading com-
mentators, ranging from James Tobin to Roberto linger, have suggested
a variation on stakeholding: give eveiy young person a "human capital
account," which she could draw on for certain prescribed purposes,
among them higher education, vocational training, and medical ex-
penses.56 The rationale, of course, is freedom-within-boundaries. Give
the young people the capital they need to lead productive lives, but
make sure that they spend it responsibly.
This approach has undeniable appeal. And if these restrictions were
the political price for enacting stakeholding, we would be willing to
pay it. But as a matter of principle, we reject this notion of freedom-
within-boundaries. Of course, the boundaries may be so wide that
many will hardly notice them. The college-bound, for example, might
fare almost as well under the restricted plan.57 But a large middle
group will be denied real freedom. For them, building "human capi-
tal" may not be the best life plan. Like Bill and Brenda, they may want
to use the money to move out of a dangerous neighborhood.58 Like
I 216 Defending the Stake
Mike and Mary Ann, they may put a premium on some seemingly friv-
olous, but to them important, item like foreign travel or an unforget-
table wedding. We believe that these young men and women should
be no less free than their college-bound peers or the richer kids across
town who are making similar decisions with their parents' money. We
are repelled by programs that require kids from the wrong side of the
tracks to justify their lives to a government bureaucrat.
This returns us to the nub of the matter: the fate of the vast majority
of ordinary Americans in our globalizing economy. These men and
women are perfectly competent people, despite their lack of college
degrees and the professional skills that earn big rewards today As
stakeholders in American society, they will confront the future with
the confidence befitting a free people. The wrenching economic
changes of the twenty-first century will not send them reeling with the
first shock from the marketplace. They will have the resources to stand
up to economic challenges with their heads held high and to make the
best of the emerging opportunities. Some will succeed and others fail,
but all will have had a real chance at the pursuit of happiness.
And even those who fail will know that they have not deprived their
children of a fair opportunity to start again. They too will be citizens,
with their own stake in the country.
But another America awaits. Unless we take the future into our
hands, our country may travel yet farther down the road of social divi-
sion. Despite the wave of political advertising that will greet the new
millennium, the real world of the twenty-first century will harden into
a brittle three-class structure: a lower class condemned to dead-end
jobs and frequent unemployment, an upper class of professionals en-
joying fabulous prosperity, and a vast middle class increasingly embit-
tered by continuing economic stagnation. As the ideal of equal
Alternatives 217 I
opportunity recedes and the rich retreat into their gated communities,
America will become a very ugly place. How long will democracy itself
survive under such grim conditions?
Our political thinking has not caught up with this emerging three-
class reality. On the one hand, we heap large subsidies on the college-
bound. On the other, we offer modest help to the underclass. But
we have done remarkably little to enhance real opportunity for the
vast middle class, who are by now understandably skeptical that gov-
ernment will ever do anything serious for ordinary people like them-
selves.
Stakeholding can break this impasse by adding a crucial term to
Americas social contract. At the same time, it marks a radical break
with the elitist tradition of social engineering. Give ordinary citizens
their stake in America, and let them inaugurate a new age of freedom.
The Stakeholding society is no Utopia. But it does provide a genuine
alternative to social division and moral drift. Rather than entrusting
our fate to the invisible hand, this generation of Americans has work to
do if it is to be equal to our political ideals. Perhaps we will never com-
pletely realize the American dream of equal opportunity. But if we
abandon that dream, we will surely lose our way.
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Appendix
The Stake
If implemented today the stake would cost the United States about
$255 billion per year.
We arrive at this conclusion via several steps. The first estimates the
number of eligible stakeholders. The data are surprisingly imprecise,
but in 1997 there were about 3.1 million twenty-one-year-old U.S. cit-
izens.1 One must then subtract the small number of citizens who will
fail the residency test for stakeholding and the larger group who will
forfeit their stakes due to criminal convictions.2 At the same time, the
base should be increased to include longtime resident aliens with a
219
I 220 Appendix
plained below), the wealth tax raises $323 billion. The cost of stake-
holding is much less—$255 billion. Thus, even if behavioral changes
reduced wealth-tax revenue by as much as 21 percent, a 2 percent
wealth tax would suffice to fund the stake. Although we do not antici-
pate economic effects of this magnitude, we have chosen to err on the
conservative side, and what follows describes our methodology and as-
sumptions in more detail.
Our wealth-tax revenue estimates were constructed by Mark Wil-
helm, formerly an assistant professor in the Department of Econom-
ics at Pennsylvania State University and now at Indiana University-
Purdue University at Indianapolis. He used data from the Federal Re-
serve s 1995 Survey of Consumer Finances (SCF), the most recent and
most comprehensive data on individual wealth available.15 His rev-
enue estimates assume that the wealth tax would be imposed on net
wealth (assets minus liabilities) and that it would include an exemption
of eighty thousand dollars per individual.16
Our methodology is conservative in several respects. First, the SCF
generally does not include the value of consumer durables other than
homes, cars, and other vehicles.17 With few exceptions, the survey
omits household effects, jewelry, antiques, and so on, as well as ordi-
nary furnishings. In contrast, such items as these are included in the
wealth-tax base.18
Second, we have chosen to value private pensions in a way that un-
derstates their probable worth. Wilhelm s estimates use the "current
legal value" of pension rights, meaning the value of defined-benefit or
defined-contribution benefits to which a worker would be entitled if
she left her job today.19 The estimate thus ignores future benefit ac-
cruals—even if the taxpayer intends to remain in her job. As we ex-
plain in Chapter 6, we have not included Social Security pensions in
the base for wealth taxation.20 It would be hard to do so in any event,
as their present value is highly sensitive to each recipient s future work
history and marital status.
Appendix 223 I
porate equities and foreign direct investment were $881.7 billion and
$837 billion, for a total of $1.719 trillion, or 37 percent of total foreign
assets. Netting out a proportionate share of total foreign debt,27 for-
eigners' taxable wealth was $882 billion, which would yield $17.64 bil-
lion in wealth-tax revenue.
This figure does not impute eighty-thousand-dollar exemptions to
each ultimate individual owner. We model our approach on the cur-
rent income-tax rules, which tax nonresident foreigners at a flat rate of
30 percent and deny them certain deductions received by U.S. taxpay-
ers.28 This approach also facilitates an entity-level collection mecha-
nism for the wealth tax, which is crucial because foreign individuals
cannot be expected to file wealth-tax returns.29 Thus the $17.64 billion
estimate is another rough but reasonable approximation.30
Taken together, these conservative moves increase the revenue
cushion for stakeholding to quite generous proportions. These extra
resources give us the option of including a final modification of the
wealth tax that will cost a bit of revenue—coordinating the wealth tax
with the income tax. Data are limited, so we provide a range of esti-
mates. In 1994 (the most recent year for which data are available), in-
dividual taxpayers reported a total of $220 billion in net income from
taxable interest, dividends, rents, and royalties.31 Assuming that these
items were taxed at an average effective rate of 20 to 30 percent,32 the
income tax paid was $44 to $66 billion. Taking the midpoint of the
range, the annual cost of $55 billion would reduce the net (static) rev-
enue raised by the wealth tax from $378 billion to $323 billion.
Wilhelms estimates of the distribution of wealth and of the effects
of the wealth tax appear in Table 3. (The figures in the table represent
households, not individuals.) We recognize that stakeholding and the
wealth tax may gradually change the allocation of wealth in society,
which will in turn affect the revenue and distributional effects of the
wealth tax. But a static distributional estimate is nevertheless useful—
and a striking illustration of wealth concentration.
Appendix 225
Ownership Liability
Wealth Median Median tax of total for total
class wealth payment U.S. wealth wealth tax
($) ($) (%) (%)
Bottom quintile 450 0 -0.08 0
Second quintile 21,710 0 1.8 0
Middle quintile 73,600 0 5.7 0.3
Fourth quintile 172,990 1,110 14.0 6.9
Top quintile 554,820 8,344 78.6 92.9
Top 1 percent 4,611,750 90,140 29.0 38.9
Source: Wilhelm (1998), pp. 15-17,19. Percentages do not add to 100 due to rounding.
how much revenue would have been raised from the other 96 percent.
Nevertheless, the wealth data presented in Table 3 suggest that the
revenue yield would be substantial.38 If just 10 percent of decedents
paid back their stakes in full, the stakeholding fund would collect $48
billion each year.39
We also have limited data on annual inter vivos gifts. Although the
SCF reports gifts made and received, the data are internally inconsis-
tent and difficult to interpret; a recent study suggests that the plausi-
ble range of annual gifts ranges from $18.9 billion to $62.3 billion.40
Without knowing the distribution of these gifts-, we cannot estimate
the payback revenue that they imply.
of 136 million.51 We have also assumed that the top-bracket group will
pay an annual amount ten times the tax for the low-bracket group and
that the middle group will pay the average privilege tax.52 Using these
parameters, we calculate an annual privilege tax of about $3,800 for
the high-bracket group, $2,090 for the middle group, and $380 for the
low-bracket group.53
The second simulation assumes that the retirement pension fund
will be put on a fiscally sound footing only through raising taxes, al-
though cutting benefits is also a possibility. Thus, this estimate sets an
upper bound on the cost of funding citizens' pensions. The best pro-
jections suggest that an immediate 2.17 percentage-point increase in
the payroll tax would ensure long-term solvency for Social Security as
a whole.54
In 1996, taxable payroll was $3.05 trillion, so this increase would
have yielded an additional $66 billion.55 But we do not need to raise
this entire sum, for 20 percent of it is paid to the nonelderly (that is,
the disabled and survivors).56 Thus, if imposed today in an actuarially
sound system, the privilege tax should raise about $337 billion per year
($284 billion, calculated above, plus 80 percent of the $66 billion in-
crease needed, or $53 billion).57 Using this method, we calculate an
annual privilege tax of $4,500 for the high-bracket group, $2,475 for
the middle group, and $450 for the low-bracket group.58
Both of these methods rely on the privilege tax to replace only the
portion of the 1996 payroll tax needed to fund citizens' pensions. They
leave in place payroll taxes needed to fund disability and survivors'
benefits for the under-sixty-five group as well as Medicare. Under our
first method, this leaves in place payroll taxes of $189 billion.59 Under
our second, $202 billion.60
Our third calculation considers the level of the privilege tax needed
to replace all Social Security and Medicare payroll tax revenues of
$472 billion in 1996.61 This book does not otherwise consider the dis-
tinctive problems of Medicare, but we provide these estimates merely
Appendix 229 I
to give the reader a sense of the extent to which privilege taxation may
serve as a revenue raiser. (In making these calculations, however, we
have not considered any tax increases that might be required in order
to guarantee the actuarial soundness of Social Security or Medicare.)
The resulting privilege tax would be $6,300 for the high bracket,
$3,465 for the middle bracket, and $630 for the low bracket.62
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Notes
231
232 Notes to Pages 8-26
Currently, Head Start spends about $4,600 per child. A more expensive pro-
gram, like the Perry Preschool model, would cost $7,000 per child. McMurrer
and Sawhill (1998), pp. 88-89. The total cost for 2.2 million children would be
$15.75 billion.
22. See the Appendix.
23. For an especially sensitive treatment of the problem, see Hochschild (1984).
24. See Orfield and Eaton (1996).
25. See McMurrer and Sawhill (1998), p. 64.
26. Kelman and Lester (1997), pp. 71-82,118-124,138-152,158-160.
27. Ackerman (1980), chap. 5.
28. U.S. Bureau of the Census (1997b), p. 160, table 245 (26.5 percent of adults ages
twenty-five to thirty-four had a bachelors degree or more).
29. See Chap. 1, n. 4, supra.
30. See Wolff (1998), pp. 144-145 (in 1995, households in the fortieth to sixtieth per-
centile had financial reserves sufficient to sustain only 1.2 months of current con-
sumption or 1.8 months of near-poverty-level consumption; poorer households
had even fewer financial reserves).
31. To qualify for benefits under the Federal-State Unemployment Compensation
Program, an unemployed worker must meet several requirements. These vary
across states, but in general the worker must have worked at least two calendar
quarters during a recent one-year period, have earned a minimum amount during
that period, have been fired or laid off or have quit for "good cause," and be cur-
rently available and willing to accept suitable work. U.S. House of Representa-
tives (1998), pp. 327-339.
32. See Orfield and Eaton (1996).
33. We recognize that the revenue side of our proposal is more complex, but we pro-
pose to build on current U.S. tax law and administration and to draw on the expe-
rience of European countries. See Chaps. 5 and 6.
34. See Chaps. 5 and 7.
35. A good deal of evidence points to late adolescence as the crucial period for the
successful forging of adult identity. See Marcia (1997), pp. 99-104.
36. For spending on public primary and secondary education in 1994, see U.S. Bu-
reau of the Census (1997b), pp. 156, 447 (tables 237, 692) (total federal, state,
and local spending on public primary and secondary education was $265.3 billion;
GDP in 1994 was $6.9357 trillion).
Also in 1994, total OASDI benefits were $332.58 billion. U.S. House of Repre-
sentatives (1996), p. 17, table l-7b; in the same year, Medicare cost the federal
government (net of premiums paid) $144.747 billion. Id., p. 134, table 3-1. The
total expenditure, $477.327 billion, is 6.9 percent of 1994 GDP of $6.9357 trillion.
37. GDP in 1996 was $7.5761 trillion. U.S. Bureau of the Census (1997b), p. 447,
table 692.
38. See n. 28, supra.
39. See, e.g., Newman (1993), pp. 1-27 (describing the demoralizing effects of de-
creased opportunity on the current generation of working Americans).
Notes to Pages 36-40 235
40. The average life expectancy was 49.24 years in 1900 and 75.8 years in 1992. U.S.
Department of Health and Human Services (1996). Life expectancy is projected
to increase. A boy and girl born in 1995 can expect to live to 72.5 and 79.3, re-
spectively. A boy and girl born in 2010 can expect to live to 74.1 and 80.6, respec-
tively. U.S. Bureau of the Census (1997b), p. 88, table 117.
41. See Langbein (1988), p. 732.
42. Data on inter vivos gifts are sparse, but recent work suggests that the wealthy give
away far less to their children during life than a rational tax-minimization strategy
would suggest. Poterba (1997a), p. 26.
43. Langbein (1988), pp. 730-736.
44. Id., p. 746.
45. At a 5 percent (nominal) interest rate, an eighty-thousand-dollar stake would earn
four thousand dollars per year. This is approximately the rate of total return on
long-term government bonds. Ibbotson Associates (1997), p. 33.
46. See Chap. 3.
47. See Zelizer (1994), who perceptively describes the ways in which social context
can encourage people to earmark different sums of money for very different
purposes.
48. As Chap. 3 will explain, each stakeholders account may have more or less than
eighty thousand dollars in it by the time she reaches her early twenties. But for
purposes of illustrating clearly how the stake might be disbursed, these details
can be deferred for now.
49. Studies that measure the "underclass" confront two key issues. First, does the
term describe individuals or neighborhoods? The neighborhood concept uncon-
scionably lumps together very different people—poor and not poor, jobless and
employed, criminal and law-abiding—simply because they live together. We re-
ject this approach. Individuals should be evaluated on their own merits and not
by the habits of their neighbors. Second, what exactly does the term "underclass"
mean? For some, it simply means poor people; others say that the key criterion
is joblessness. We reject both these criteria as far too broad: in an era of extreme
inequality of opportunity, we refuse to treat the jobless poor as per se "irrespon-
sible."
We focus instead on estimates that attempt to identify individuals with "multi-
ple social problems," as evidenced by a combination of single parenthood, welfare
receipt, dropping out of high school, and unemployment. These ways of identify-
ing the underclass are by no means perfect but at least offer more subtlety and
flexibility.
Mincy (1994) provides a useful summary. Among the more nuanced attempts,
the upper bound is Reischauers (1987) estimate that, in 1982, 8.1 million people
lived in persistently poor families with a head of household who had little educa-
tion and had worked less than three-fourths of the year. The lower bound is Rick-
etts and Sawhills (1988) estimate that, in 1979,1.1 million people were poor
residents of neighborhoods with high numbers of single parents, high school
dropouts, welfare recipients, and unemployed males. (Note that the figure in
236 Notes to Pages 40-49
Mincy describing Kasarda [1992] is a misprint; that study found 1.25 million indi-
viduals, not "5.3 million households.") Using figures on total population for 1979
and 1982 (U.S. Bureau of the Census [1997], p. 15, table 14), Reischauers esti-
mate represented 3.5 percent of the population; Ricketts and Sawhill s estimate
represented less than .5 of 1 percent.
50. See Jencks (1992), p. 171; U.S. Department of Education (1997b), p. 17, table 8
(in 1996, 87 percent of twenty-five- to twenty-nine-year-olds had completed high
school).
51. For a review and critique of "culture of poverty" claims, see Katz (1989), pp. 16-^52.
52. Consider Edin and Lein (1997), chap. 3 (facing dismal job prospects and signifi-
cant child care responsibilities, welfare mothers chose to stay on welfare, despite
its indignities and hardships; most, though, planned to return to work eventually).
53. To be sure, different young adults have different resources and expectations, but
it is hard to predict how individual self-interest will shape the tradeoff. Consider
a typical blue-collar workers calculus. While he has good reason to save his stake
for a future rainy day, spending the stake now may mean buying a decent house
for his family. At the other end of the economic spectrum, a young Wall Street
lawyer might also lack clear priorities. She accurately supposes that her chances
of destitution in later life are low, but she also may not need the eighty thousand
dollars for a pressing current need—leaving her more likely, perhaps, to blow the
money on a fancy car and Armani suits. There is, in short, no particular reason to
suppose that stakeholding decisions will divide easily along class lines.
54. See, e.g., Glendon (1991); Sandel (1996).
plaintiff in that case was threatened with the total obliteration of the classic rights
of citizenship, our present initiative leaves all these rights intact. We are simply
imposing a residency requirement for an economic benefit that has never previ-
ously been associated with citizenship status.
Nonetheless, invidious discrimination among classes of citizens is rightly a
source of constitutional concern even when it merely involves the distribution of
economic benefits. Indeed, when individual American states discriminate against
citizens of other American states by imposing residency requirements, the Court
has often struck them down. Zobel v. Alaska, 457 U.S. 55 (1982), is the decision
that most closely resembles our present problem. It involved Alaska's initial effort
to establish a stakeholding program out of its North Slope oil income. In its origi-
nal scheme, not all citizens of Alaska received the same annual payment from the
state s fund of oil revenue. Instead, the dollar amount was keyed to the number of
years of residence, so that newcomers received much less than old-timers did.
The Court held that Alaska could not discriminate against newly arrived citizens
from other states of the Union. Because these newcomers were American citi-
zens, with the right to travel freely anywhere in the Union, Alaska violated the
equal protection clause when it discriminated against them for exercising this
right by setting up residence in Alaska.
But these concerns about federalism are not relevant to our present problem.
We are not dealing with the efforts of one state to lock out Americans living in
the other forty-nine. We are concerned with the power of Congress to extend a
new economic benefit to all citizens as long as they live somewhere within the
country. As far as we can tell, this issue has never been squarely considered by the
Supreme Court. Cf. Rogers v. Bellei, 401 U.S. 815 (1971) (upholding a require-
ment, imposed on children of American parents who were born abroad, to reside
for a sustained period in the United States during their years of early adulthood).
Nonetheless, we are reasonably confident that the Court would uphold such a re-
striction, as long as it did not trench upon the classic rights of citizenship.
6. Special treatment should, of course, be given to children of American diplomats
and soldiers on long-term assignment abroad.
7. Cuccaro-Alamin (1997), p. 34.
8. U.S. Bureau of the Census (1997b), table 245.
9. For purposes of our calculations, we assume that everyone graduates from high
school at age eighteen.
10. Gladieux and Hauptman (1995), p. 3, table 2 ($132.297 billion in 1990-1991).
11. Id. (state and local governments pay $41.27 billion, including $39.058 billion of
appropriations for public institutions).
12. Id. (showing $13.481 billion in 1990-1991); U.S. Department of Education
(1998); U.S. Department of Education (1998) (fiscal year 1997 appropriations for
Office of Postsecondary Education totalled $12.7 billion).
13. Cuccaro-Alamin (1997), p. 34 (in 1972,42 percent of high school graduates
were enrolled in college in the year after graduation; in 1995, the figure was 62
percent).
j 238 Notes to Pages 52-57
stakes in order to avoid the stigma of bankruptcy. But it is Utopian to suppose that
all problems can be eliminated.
29. See n. 24, supra. Because we expect tuition at public universities to rise substan-
tially, and for the reasons just discussed, tuition at the average private college is
the appropriate benchmark.
30. See pp. 53-54.
31. Poor students at the most expensive colleges will continue to graduate with more
substantial debts if private scholarship funds don't take up the slack. But these
students will also receive the benefits of better credentials and greater social ac-
cess that elite schools can provide.
32. A middle-income family will spend $300,000 to raise an only child, about
$225,000 to raise a second child, and so on. Longman and Graham (1998). That
figure omits foregone wages, college costs, and other added expenses, which to-
gether raise the cost of one child to a whopping $1.5 million. Id.
33. At a 2 percent interest rate, the present value of eighty thousand dollars to be re-
ceived in twenty-one years is $52,782. At a 5 percent rate, the present value is
$28,715.
34. See Folbre (1994), p. 115; Mclntosh (1987), p. 323. The exception is former East
Germany. See Buttner and Lutz (1990).
35. Oliver and Shapiro (1995), p. 7 (1987 data); compare Wolff (1996), p. 73 (in 1992,
the median black household had a financial net worth of zero, and 30 percent had
no positive net worth whatever).
36. Oliver and Shapiro (1995), p. 7.
37. Fuchs (1988), pp. 60-61; Goldscheider and Waite (1991), pp. 110-111; McCaf-
fery(1993).
38. Williams (1994), p. 2242; Apter (1993), pp. 69-74.
39. See Hadfield (1993).
40. For studies of intrafamily bargaining and financial power, see Zelizer (1994),
pp. 37-70; Pahl (1989).
41. The creation of such a fund would require additional revenue, which might be
raised by phasing in the wealth tax more quickly than the transition to stakehold-
ing would otherwise require. The cost would depend on the terms of the pro-
gram, and we have not attempted to delineate those terms or to make a separate
revenue estimate.
3. Id., p. 15, table 8 (37.9 percent of families headed by a person under age thirty-
five own a primary residence).
4. U.S. Bureau of the Census (1993a), table D (1993 data).
5. In 1996, 53.1 percent of men and 62.9 percent of women aged twenty-five to
thirty-four were married. U.S. Bureau of the Census (1997b), p. 56, table 59.
6. Id., p. 160, table 245.
7. In 1996, the most common occupational category for male high school graduates
aged twenty-five to thirty-four was operator/fabricators. The second most com-
mon category was precision production, and third was technical, sales, and ad-
ministrative work. Id., p. 415, table 648.
8. In 1996, the unemployment rate for men aged twenty-five to thirty-four was 4.9
percent. If Bill were black, his chances of being unemployed would have been
even higher (10.1 percent). Id., p. 405, table 633. Unemployment among con-
struction laborers was also relatively high (16.3 percent). Id., p. 419, table 661.
9. In 1996, the median weekly earnings of a man working as a handler, equipment
cleaner, helper, or laborer were $343. The median weekly earnings of a man in
sales were $589, but that figure includes the earnings of both highly paid commis-
sion salesmen and comparatively poorly paid store clerks. Id., p. 431, table 671.
If Bill averages four hundred dollars a week for fifty weeks of work, he will earn
twenty thousand dollars in a year.
10. In 1996, the most common occupational category for female high school gradu-
ates aged twenty-five to thirty-four was technical, sales, or administrative work;
the second was the service industry, including health care. Id., p. 415, table 648.
Home health care is one of the fastest-growing job categories. Id., p. 414, table
647.
11. In 1996, the median weekly earnings of a female service worker (in other than
private household or protective services) were $272. Id., p. 431, table 671. But
that category includes both minimum-wage workers and better-paid workers. If
Brenda earns eight dollars an hour ($320 for a forty-hour week), she will make
fifteen thousand dollars if she works forty-seven weeks a year.
12. In 1995,29.2 percent of women aged twenty-five to twenty-nine had one child,
42 percent had two children, and 28.8 percent had none. Id., p. 82, table 105.
13. Even in a bad year, Bill and Brendas income is likely to be too high to allow Peter
to enroll in Head Start. See Washington and Bailey (1995), p. 36; Head Start Sta-
tistical Fact Sheet, http://www.acf.dhhs.gov/programs/hsb/factsheet.html.
14. See Edin and Lein (1997), pp. 88-119.
15. See pp. 38-39.
16. Bill and Brenda each received $21,225 on their twenty-first through twenty-
fourth birthdays. (See Chap. 3.) If they have never spent any principal but have
always withdrawn the investment income each year, they would have a combined
principal amount of $169,800, which would generate $8,490 at 5 percent interest.
17. The remaining principal amount of $159,800 would generate interest income of
$7,990 at 5 percent.
Notes to Pages 69-73 241
18. In 1993, only 14 percent of white renter families and 3 percent of black renter
families could afford a modestly priced home (valued at between the twenty-fifth
and seventy-fifth percentile) in their area. U.S. Bureau of the Census (1993b),
p. 2. But with a down-payment subsidy often thousand dollars, 36.4 percent of all
renters, and 27.2 percent of black renters, could afford to buy a house. Id., p. 4.
19. In 1996, 28.4 percent of all twenty-five- to thirty-four-year-olds had some college
or an associate's degree. U.S. Bureau of the Census (1997b), p. 160, table 245.
20. For women with some college education, the most common occupational cate-
gory in 1996 was technical, sales, or administrative work. Id,, p. 415, table 648.
The median weekly earnings of women in clerical work was $391 in 1996, or
$19,550 per year. Id., p. 431, table 671.
21. In 1996, the median weekly earnings of men employed in transportation was
$486 per week. Id., p. 431, table 671. Mike, who belongs to a union and earns
overtime pay, makes more than that—about seven hundred dollars a week.
22. In 1995,42 percent of women aged twenty-five to twenty-nine had two children.
Id., p. 82, table 105.
23. See Mahony (1995), pp. 85-100; Apter (1993), pp. 197-198.
24. See Cancian, Danziger, and Gottschalk (1993), pp. 196, 205 (importance of
women's contributions to family income in the 1970s and 1980s).
25. Assume that Mary Ann spent twenty thousand dollars at age eighteen and ten
thousand dollars at age nineteen. Having spent her entire first stake payment
ahead of time, she received no payment at age twenty-one, $10,612 at twenty-
two, and $21,225 at both twenty-three and twenty-four. Assume that Mike
spent fifteen thousand dollars of his first stake payment at age twenty-one. Both
have invested the remainder at 5 percent. At age twenty-five, Mary Ann has prin-
cipal plus accumulated interest of $57,972, and Mike has $77,825. The total of
$135,797 would earn annual interest of $6,790 at 5 percent.
26. In 1996, the poverty rate for non-Hispanic white children was 16.3 percent; for
black children, 39.9 percent; and for Hispanic children, 40.3 percent. U.S. Bu-
reau of the Census (1997a), pp. 24-26. According to the 1990 Census, 84.5 per-
cent of high-poverty census tracts were in cities and the remainder were in
smaller towns and rural areas. Jargowsky (1997), pp. 11,16.
27. See p. 52, supra; see also McMurrer and Sawhill (1998), p. 67 (even among stu-
dents with equally high achievement-test scores, students of high socioeconomic
status [SES] are more likely than low-SES students to enroll in college).
28. U.S. Department of Education (1997a), table 6 (taking into account living ex-
penses and subtracting loans and work-study aid, the average annual net cost of
attending a public two-year college is $4,864, the cost of attending a public four-
year college is $4,922, and the cost of attending a private four-year college is
$5,704; but significantly, four-year colleges, particularly private ones, require the
student to take out larger annual loans).
29. Orfield (1992) (financial constraints on poor students and limited impact of finan-
cial aid).
242 Notes to Pages 73-79
30. In 1992, the pregnancy rate among fifteen- to seventeen-year-olds was 71 per
1,000 and the birthrate was 38 per 1,000. Henshaw (1997), p. 119.
In 1996,13.1 percent of adults aged twenty-five to thirty-four had not gradu-
ated from high school. U.S. Bureau of the Census (1997b), p. 160, table 245, By
age thirty, 61 percent of former teen mothers had either a high school diploma or
a GED. Hotz, McElroy, and Sanders (1997), p. 61.
31. About 36 percent of young noncustodial fathers are so poor that they cannot pay
child support. Mincy and Pouncy (1997), p. 136.
32. The biggest occupational category for female high school dropouts is service
work. U.S. Bureau of the Census (1997b), p. 415, table 648.
33. Judys first stake payment at age twenty-one would be $21,225. Although she can-
not claim the principal, she is entitled, at age twenty-two, to one years interest at
5 percent, or $1,061.25. By age twenty-five (and thereafter), Judy's annual inter-
est would rise to $4,245, because all four payments of $21,225 would have been
deposited into her account.
earners receive more relative to the taxes they pay in. Similarly, if stakeholding
were financed by a sales tax, the combination of a large universal benefit and a re-
gressive tax would be progressive on a lifetime basis for a large group of poorer
citizens, because the stake would represent a larger percentage of lifetime in-
come than the tax.
8. See, e.g., Nozick (1974). In Nozick's view, succeeding generations can legiti-
mately complain only if their predecessors made them worse off than they would
have been in a world without private property and free markets. Moreover, he in-
terprets this baseline in quite a minimalist fashion. See id., pp. 174-182.
9. In Hemy Sidgwicks memorable phrase, the challenge is to adopt "the point of
view (if I may so) of the Universe." Sidgwick (1906), p. 382.
10. For variations on these themes, see Parfit (1984), part 4.
11. Chap. 7 will elaborate the principles of trusteeship in connection with the prob-
lem of economic growth. For an exploration of the philosophical foundations, see
Ackerman (1980), chap. 7.
12. If the stake were paid in four installments from ages eighteen to twenty-one
and the real interest rate were 2 percent, the payback at age eighty would be
$265,160. Recall that every stakeholder is treated as if she would receive her
stake beginning at age eighteen, as the college-bound group would, but the non-
college-bound group would receive interest to age twenty-one. See Chap. 3.
13. Researchers have found that financial links among extended families are modest
at best. See, e.g., Altonji, Hayashi, and Kotlikoff (1995).
14. In 1992, the number of individuals leaving gross estates worth more than $600,000
was 60,082, or 2.76 percent of the 2.2 million U.S. deaths that year. See Eller
(1996-1997), p. 9. For a discussion of the possible revenue potential of the pay-
back requirement, see the Appendix.
15. A flat-rate consumption tax exempts from tax the yield on savings; it imposes, in
effect, a zero rate of tax on income from (new) capital, under certain assump-
tions. See Warren (1996).
16. See Chap. 6.
17. We do so as a matter of convenience. In fact, the different system prevailing in
Europe seems superior. While the Anglo-American tradition of estate taxation fo-
cuses on the donor, the Europeans commonly tax the donees of bequests, thereby
avoiding a peculiarity of our system—the imposition of the same estate tax re-
gardless of the number of children who inherit. See OECD (1988), p. 78 (in 1986,
sixteen OECD countries taxed inheritance, not estates).
18. In 1999, the first $650,000 of a decedents estate or lifetime gifts is exempt from
tax. I.R.C. § 2010(c). The exclusion amount will rise to $1 million by 2006. Id.
Despite the unified credit, there remains one significant advantage to giving life-
time gifts rather than bequests: tax rates in the estate tax are "tax-inclusive,"
meaning that the estate tax base includes the funds used to pay the tax. In con-
trast, gift tax rates are "tax-exclusive," meaning that gifts are in effect taxed at a
lower rate. Bittker, Clark, and McCouch (1996), pp. 24-25. We would unify these
two rate schedules for purposes of the payback.
244 Notes to Pages 90-92
19. Current law also exempts from tax gifts that are used for the payment of tuition
and medical expenses. I.R.C. § 2503(e). We would maintain the status quo for the
foreseeable future. In todays society, neither rich parents nor their children con-
sider tuition payments to be "gifts"; rather, they see them as the fulfilment of an
obligation akin to parents* duty to financially support their children through high
school. It would cut against the grain of this perceived moral obligation to impose
a hefty tax on those parents who paid college tuitions in excess of their fifty-
thousand-dollar exemption.
To be sure, this will result in a stakeholding pattern at odds with the principle
of equal opportunity: if children from wealthy families have their college educa-
tions paid for by their parents, they can use all of their eighty thousand dollars for
other purposes; in contrast, college-bound children from the bottom 90 percent
may find that much of their stake has already been exhausted by the time they
reach their early twenties.
This is an injustice, but not one that seems important enough to confront at
this early stage in the struggle for equal opportunity. If a generation or two of
stakeholding leads to a change in expectations that release parents from a sense
of social obligation as far as tuition payments are concerned, a change in the rule
would be entirely appropriate. But such is not the case now.
20. See OECD (1995), p. 39 (from 1913 to 1989, U.S. labor productivity grew at an
annual rate of 2.5 percent; but in recent years, annual productivity growth has
slowed, to just 0.7 percent in the period 1986-1991, for example). If these recent
numbers signal a long-term change in productivity growth, we would obviously
change the basis of our calculations.
21. I.R.C. § 2055.
22. As under current law, the reasonable costs of supporting spouses and minor chil-
dren would be exempt. Bittker, Clark, and McCouch (1997), p. 136. See also
Beck and Elman (1965).
23. Two additional exceptions deserve mention. First, consider a parent who dies
leaving a minor child. If the parent had lived, she could have spent almost unlim-
ited amounts of wealth to support her young child. See n. 22, supra. To avoid
treating orphans more harshly, we would defer the parental payback until the
child is twenty-one. The payback obligation, with interest, would be imposed as if
the parent had died then. (This exception would apply only if the parent leaves all
her wealth to her child: any bequests to others, including to charity, would trigger
the payback obligation under the usual rules.) In the meantime, the trustee of the
parent's wealth should have the usual obligation not to dissipate funds. Current
estate tax law allows the estate simply to deduct reasonable amounts for the sup-
port of minor children. IRC § 2053(a)(3); Comr. v. Weiser, 113 F.2d 486 (10th
Cir. 1940). Second is the (rarer) case of an adult who dies leaving a dependent
parent. An analogous rule would defer the payback obligation until the parent
dies, provided that the parent was economically dependent on the deceased
child's support.
Notes to Pages 93-97 245 I
24. Both partners' stakes would accrue interest from each person's birthdate to the
death of the partner who dies last. If a husband dies at age eighty and his younger
wife lives twenty years after that, to age ninety, her estate would be obliged to pay
back both his stake, with one hundred years' interest, and her own stake, with
ninety years' interest.
25. See n. 14, supra.
26. In effect, we would lower the exemption amount. The current-law exemption level
will rise to $1 million by 2006.1.R.C. § 2010(c). Our tax, in contrast, would begin
to apply to bequests over $300,000 if the taxpayer left nothing to charity and died
at the age of eighty ($250,000 payback plus the $50,000 lifetime exemption).
13. For men aged nineteen to thirty, the difference is $26,168 versus $16,772. Mayer
(1997), p. 42, table 3.1; see also Corcoran and Adams (1997), p. 19 (young men
from middle-income families earn 41-63 percent more per year and 29 percent
more per hour than young men from poor families). We do not have data on the
earnings gap for older men or for women of any age.
14. Ten thousand dollars a year for forty years at 2 percent is $616,100.
15. High-income people can defer tax on income from capital simply by holding ap-
preciated assets or by engaging in more sophisticated financial transactions. See
I.R.C. § 1014; Graetz and Schenk (1995), pp. 159-161; Graetz and Schenk
(1997), pp. 30-35. For effective tax rates on income from capital, see Gravelle
(1994), pp. 131, 294, table B.I. And the tax code allows generous income tax de-
ferrals for significant amounts of pension savings. See I.R.C. §§ 402(a), 415.
16. See Kennickell, Starr-McCluer, and Sunden (1997), p. 7, table 3.
17. For a review of the empirical evidence in support of different causal hypotheses,
see Danziger and Gottschalk (1995), pp. 127-150.
18. See nn. 4-5, supra (data on wealth distribution in the absence of Social Security).
These data measure the actual distribution of wealth today, not the distribution of
wealth that might have occurred had Social Security never existed. The effects of
Social Security on aggregate private savings and on the distribution of the fore-
gone accumulation are controversial, and it is impossible to measure with cer-
tainty precisely how much more unequal the distribution would be had Social
Security never been enacted.
19. See Caplow and Simon (1998).
20. Id.
21. Recall Aesop's classic fable: the Ants work and save while the Grasshopper plays.
When winter comes, guess who is left out in the cold?
22. For the OECD countries that tax wealth, see OECD (1994), pp. 210-257; compare
OECD (1988), p. 30 (eleven countries).
In 1986, the Danish wealth tax rate was 2.2 percent of wealth in excess of
the exemption level (approximately $155,000 for a married couple with two
children); the Swedish wealth tax rates ranged from 1.5 to 3 percent, on wealth
above $28,000. OECD (1988), pp. 34-36, tables 1.2a and 1.2b. In 1993, the Danish
wealth tax rate was 1 percent. OECD (1994), pp. 218-219.
European wealth taxes typically exempt large classes of assets and cap the
wealth tax as a percentage of total income. See infra nn. 44 and 56.
23. Many politicians advocate replacement of the income tax with a "flat tax," a value-
added tax, or some other kind of consumption tax—but all these "simplifications"
lower taxes on the rich. See Slemrod and Bakija (1996), pp. 219-226.
24. See the Appendix.
25. See Chap. 3, pp. 58-60, for an argument that eighty thousand dollars is at least in
the ballpark.
26. Individuals' wealth includes debt and equity interests in for-profit businesses. We
do not propose to tax wealth held by the nonprofit sector. Churches, private uni-
versities, and other charities play crucial roles in American society; they deserve
Notes to Pages 103-106 247 I
special treatment and are worth the $9 billion in forgone revenue. See Board of
Governors of the Federal Reserve System (1998), p. 109, table LlOOa (in 1994,
nonprofit organizations had net assets of $429 billion).
Our calculations in the Appendix include the value of private pensions in
which taxpayers are currently vested—i.e., the amount to which a taxpayer would
legally be entitled if she were to quit her job immediately. The estimate thus ex-
cludes the value of future pension accruals. See the Appendix. The wealth tax
also excludes the value of Social Security entitlements. Taking the insurance anal-
ogy seriously means treating Social Security as if it were a private pension. But
for the reasons given in Chap. 8, we reject the notion that old-age benefits are
merely the equivalent of private savings.
27. For example, a taxpayer who owned a $200,000 home with a $125,000 mortgage
would report net wealth of $75,000.
28. Stakeholders would not be subject to income tax on their receipt of the stake, but
they would be taxed on any investment income they receive.
29. Wilhelm (1998), p. 15.
30. Id., p. 18, table 2; compare Kennickell, Starr-McCluer, and Sunden (1997), p. 6
(median family wealth in 1995 of $56,400, using a narrower measure of wealth).
The average household wealth is much greater: $261,187. Wilhelm (1998),
p. 19. The average household size in each quintile is 2.6 people. Id., p. 16.
31. Wilhelm (1998), p. 19, table 2.
32. Id.
33. Id.
34. Similar claims are legion in estate-tax debates, although the tax in fact affects only
a small percentage of small businesses, and most have liquid assets sufficient to
pay the tax, often through life insurance. See Burman (1997).
35. See the Appendix.
36. The income tax takes similar measures. See IRC § 151(d)(2) (no personal exemp-
tion for dependent children).
37. Continued joint filing in the income tax raises questions of transition or long-term
coordination. The income tax might adopt individual filing as well, as many com-
mentators have urged. See, e.g., Zelenak (1994); McCaffery (1997). But income-
tax reform is not essential: without it, a couple would file three returns instead of
two (i.e., two separate wealth tax returns and one joint income tax return, rather
than two integrated income-and-wealth-tax returns).
38. According to the OECD, member countries with a net wealth tax aggregate spouses'
wealth for purposes of the tax. OECD (1988), p. 39. Some countries, however, im-
pose income taxation on individuals, and their experience provides some guide to
analogous issues in wealth taxation. See generally Gann (1980); Munnell (1980),
39. In a more sophisticated scam, they might borrow heavily in the United States,
thus reducing their taxable net wealth, and then hide the proceeds abroad.
40. Kennickell, Starr-McCluer, and Sunden (1997), p. 12, table 7 (in 1995, 65.9 per-
cent of assets owned by U.S. families were nonfinancial assets, including vehicles,
homes, investment real estate, and non-publicly-traded business assets).
248 Notes to Pages 106-107
41. Id.
42. See OECD (1988), pp. 61-74.
43. See id., pp. 71-73. There are clear advantages to collecting wealth taxes on busi-
ness assets (whether privately or publicly held) at the entity level. The corpora-
tion (or partnership) would determine the value of owners' interests and remit
the wealth tax on their behalf. Individuals would then report the value of their
holdings on their own wealth-tax returns, claiming a credit for tax "withheld" at
the corporate level. This model would help ensure that individual taxpayers pay
their taxes and would, in the end, collect only one level of tax on business assets.
For analogous proposals and other variations in the income-tax context, see War-
ren (1993); U.S. Department of the Treasury (1992).
44. OECD (1988), pp. 44-61. All countries give some exemption for household and
personal effects and pension rights, while some also exempt small savings, life in-
surance, works of art and collections, and homes. Id., p. 45.
45. Wilhelm(1998),p. 15.
46. The growing trend toward defined contribution pensions assists valuation, since,
in general, the value of a defined contribution plan is the current account bal-
ance. Defined benefit (DB) plans pose greater challenges, because benefits
change with length of tenure and salary and employers sometimes underfund
their DB plans. Entity-level taxation is one possible, albeit imperfect, solution: it
has the advantage of taxing directly only the assets in the plan, but it would indi-
rectly overtax some individuals by not allowing a personal exemption. Another
option would require plan sponsors (companies and unions) to disclose to the IRS
and to individuals the accrued value of individuals' pension rights. This method
could provide useful information to employees as well as to the tax authorities.
47. See the Appendix. The revenue estimate is static; the 21 percent "cushion" also
leaves room for behavioral responses to the tax, as discussed in Chap. 7.
48. The consensus view in Europe is that net wealth taxes aid in income tax adminis-
tration. See OECD (1988), p. 163. In the United States, potential gains from coor-
dinated administration include enhanced information reporting for both the
wealth tax and the income tax. The adoption of a U.S. wealth tax might also en-
courage greater cooperation among national tax authorities. Expanded reporting
systems may help prevent income-tax evasion, as taxpayers would find it more dif-
ficult to escape a dual system and the ms could begin to use wealth data to cross-
check for unreported income.
49. Interest on state and local bonds is excluded from tax. I.R.C. § 103. Long-term
capital gains are taxed at reduced rates (I.R.C. § l[h]), and the "realization re-
quirement" permits taxpayers to defer tax on a variety of gains until the asset is
sold. See generally Eisner v. Macomber, 252 U.S. 189 (1920). Imputed income on
owner-occupied housing is excluded. See Chirelstein (1997), pp. 22-25.
50. Jane Gravelle estimates that in 1989, when the top statutory individual rate was
28 percent, the effective marginal tax rate was 22 percent on noncorporate capital
and only 4 percent on owner-occupied housing. Gravelle (1994), p. 294, table
B.I. The effective marginal tax rate on capital gains depends on the holding pe-
Notes to Pages 107-108 249 I
riod and the rate of inflation, with the rate dropping to zero for assets held until
death. Id., p. 131. In contrast, the effective marginal tax rate was 43 percent on
corporate capital. Id., p. 294. But that is a product of the "two-tier" corporate tax
system. Although our system would preserve the corporate income tax, it would
tax wealth only once. See n. 43, supra,
51. Like a comparable income tax, an annual wealth tax reduces the (after-tax) return
on savings. But a wealth tax is not identical to an income tax, since its net impact
depends on the taxpayer's overall rate of return. If an investor earns 10 percent
on her capital, our wealth tax is equivalent to a 20 percent income tax; for a tax-
payer earning a 5 percent return, it is equivalent to a 40 percent income tax.
52. State and local real property taxes also create the potential for multiple taxation
of the same asset. While the states may fear that the federal tax will limit their
ability to tax wealth, they should consider that their treasuries will also gain bil-
lions each year as stakeholding allows them to cut their subsidies to higher educa-
tion. See the Appendix.
53. The calculation in the text assumes that the state tax is 12 percent, or $6. The fed-
eral income tax is 39.6 percent of $44 ($50, less the deductible state tax), or $17.
The wealth tax is 2 percent of $1,000 (assume that all income is spent), or $20.
The total ($6 plus $17 plus $20) is $43.
54. High marginal rates also exacerbate concerns as to the impact of our tax on sav-
ings and investment. We consider this problem at length in Chap. 7.
55. See Bittker and Lokken (1992), 111-88 to 111-92 (the alternative minimum tax).
56. Many European countries take just the opposite approach. They set a ceiling on
the combined rate of income and wealth taxation, expressed as a maximum in-
come tax rate. See OECD (1988), pp. 40-43. If, for example, a taxpayer has taxable
wealth of one thousand dollars and income of one hundred dollars, her combined
income and wealth tax could not exceed (say) 70 percent of her income, or sev-
enty dollars. We reject this approach as precisely backward: it extends, rather
than offsets, many of the income tax's special preferences. When the ceiling is a
percentage of income, taxpayers with excludable income pay less income and
wealth tax than those with fully taxable income.
57. Table 4 provides a simple example, in which the 2 percent wealth tax happens to
offset the effect of a tax preference in a 40 percent income tax, assuming a 5 per-
cent rate of return.
Asset type Income tax (40%) Wealth tax (2%) Total tax
58. Tables 5 and 6 illustrate the tax treatment prevailing under an integrated system.
Combined tax, if
Combined income tax is
Bond yield income plus subtracted from
(pre-tax), Income tax Wealth tax wealth tax, wealth tax
on a $1,000 alone alone with no (with wealth tax
bond (40%) (20%) integration not less than zero)
59. Any practical integration system would make some simplifying adjustments. For
example, the system might allow a credit only for categories of income that are
generally taxed at relatively high rates, including taxable interest and dividends
and those rents and royalties subject to current taxation at the statutory rate. In
contrast, the system should not allow a credit for those items of income, like capi-
tal gains, that are taxed at substantially reduced rates.
Notes to Pages 108-109 251
Even this streamlined system would also have to associate deductions with
items of income, to prevent taxpayers with large deductions from being awarded
excessive credits. Some simplifying presumptions might be adopted to help out av-
erage taxpayers, who generally do not have significant amounts of deductible inter-
est expense (other than on home mortgages), percentage depletion, and so on. The
goal, at least for typical wealth-holders, would be a rough equity, not precision.
These income categories are an imprecise way of identifying tax-preferred in-
come, with the result that some kinds of income (e.g., capital gains resulting from
very short-term holding periods) would still be subject to high rates of tax. But
the coordination rules can still provide rough justice, which is all that can be ex-
pected given the complex pattern of tax preferences established by the existing
income tax.
One downside is that the coordination rule—like many other partial limita-
tions on tax preferences—could encourage sophisticated taxpayers to play games.
One early strategy would be to cross boundaiy lines: by recharacterizing ineligi-
ble income (say, rent) as interest or dividends, the taxpayer could claim an unde-
served credit. Another potential abuse would be the manipulative apportionment
of total income taxes paid between creditable and noncreditable items in order to
maximize the wealth-tax credit. Both of these games are already wearily familiar
in the income tax, which fights an unending battle against taxpayers' ingenuity.
60. See the Appendix.
61. Just as in the income tax, this approach requires some method of avoiding double
taxation in instances where other countries also impose a wealth tax on assets lo-
cated abroad. The current solution in the U.S. income tax is a foreign income tax
credit; a foreign wealth tax credit would be the analogue.
62. I.R.C. §§ 871, 881. Just as in the domestic context, a corporate-level collection
mechanism would help ensure compliance. See n. 43, supra.
63. European countries typically tax the wealth of nonresidents located in their coun-
try; a majority limit the wealth tax on foreigners to real property and businesses
physically located in the country. See OECD (1988), pp. 38-39.
64. The income-tax analogue is the "effectively connected" or "permanent establish-
ment" standard. See I.R.C. §§.871(b), 882; United States Model Income Tax
Convention of 1996, Article 5, reprinted in Gustafson, Peroni, and Pugh (1996).
65. See the Appendix.
66. We discuss this point further in Chap. 10.
67. To be sure, every expatriate should be given an opportunity to establish, by con-
vincing evidence, that his decision was not motivated by tax considerations.
In any event, expatriation should not be tax-free. First, expatriate stakeholders
should be required to pay back their stakes, with interest, under the same rules
that apply to decedents, and regardless of their motives for expatriation. Second,
all expatriates should be required to continue paying U.S. wealth taxes for ten
years on wealth remaining in the country, including stocks and bonds in U.S.
companies. This regime might be patterned on current I.R.C. § 877, which ex-
tends the U.S. income tax for ten years to expatriates. Like § 877, the ten-year tax
252 Notes to Pages 111-117
might apply only to expatriates who fail to establish that they have a good nontax
reason for leaving.
The § 877 tax is sometimes portrayed as an antiabuse rule responding to de-
ferral possibilities in the income tax. The rationale for the ten-year wealth tax is
slightly different: when people have benefited from living as citizens in a stake-
holder society (even if they are not stakeholders themselves), on the understand-
ing that a lifelong wealth tax is an intrinsic part of the justice of that society, a
ten-year antiabuse rule discourages them from evading their obligations by expa-
triating, say, just before their peak wealth-holding years.
68. Robert Bork, for example, likens it to a "provision that is written in Sanskrit or is
obliterated past deciphering by an ink blot," which "has, quite properly, remained
a dead letter." See Bork (1990), p. 166.
69. This has been the approach traditionally taken by the Supreme Court when it has
construed the meaning of the clause. See the Slaughterhouse Cases, 83 U.S. 36
(1873). But the Court would undoubtedly uphold Congress's authority to take a
much broader view of the matter in the exercise of its power to tax and spend for
the "general welfare." See Chap. 7.
70. See Amar (1998), chap. 9.
71. See Black (1997).
economic expansions of the 1980s and 1990s failed to produce substantial de-
clines in poverty).
7. See Chap. 6, p. 99.
8. See, e.g., Sandmo (1985), pp. 281-283; Boadway and Wildasin (1994), pp. 33-35;
Randolph and Rogers (1995), pp. 432-434.
9. Because the stake is universally available, it is essentially a lump-sum transfer and
so should have virtually no substitution effects, other than to encourage young
people to become U.S. citizens and to graduate from high school.
10. For evidence on the income (and substitution) effects of current income trans-
fers, see Moffitt (1992) (finding "nontrivial" work disincentives in Aid to Families
with Dependent Children). But these studies are unlikely to tell us much about
stakeholding, for they examine only poor people and their response to small,
income-tested, annual transfers.
11. See, e.g., Cowell (1997); Whitney (1997).
12. See Garrett (1998). See also Atkinson (1995b) (conventional economic com-
plaints about the welfare state are often undertheorized and unsupported by
empirics).
13. In 1994, U.S. taxes at all levels were $1.885 trillion, or 27 percent of GDP of
$6.936 trillion. U.S. Bureau of the Census (1997b), pp. 447, 844, tables 692,
1358. Adding $255 billion in new revenues for stakeholding (see Appendix) would
mean a total tax burden of $2.14 trillion, or 31 percent of GDP. In 1995, the OECD
average tax burden was 37.4 percent of GDP, and several nations—including Swe-
den (49.7 percent), France (44.5 percent), Italy (41.3 percent), and the Nether-
lands (44.0 percent)—were well above that level. OECD (1997), p. 74.
14. See Slemrod and Bakija (1996), pp. 103-112; Rosen (1992), pp. 431-432.
15. Rosen (1992), p. 432; Gravelle (1994), pp. 27-28, 40-41. Compare Boskin (1978)
with Hall (1988). Feldstein (1995), pp. 405-408, acknowledges the emerging con-
sensus but argues on methodological grounds that we should disregard most of
the evidence and rely instead on studies that show greater responsiveness to Indi-
vidual Retirement Account rules.
16. See Rosen (1992), p. 418; MacCurdy, (1992), pp. 243, 248. Even high-income
labor supply appears to be quite inelastic. See Moffitt and Wilhelm (1998). For
divergent views, compare Feldstein and Feenberg (1993) with Gravelle (1993).
17. In general, married women's labor supply is more elastic; see Eissa (1996).
18. Even if we had uncontested studies measuring the effects of existing taxes on sav-
ings and the labor supply, we could not jump to any conclusions about the overall
effects of the wealth tax. The wealth tax is not a straightforward reduction in the
rate of return on capital or the wage, and its effects vary by taxpayer, by invest-
ment, and with changes in market interest rates. Because the wealth tax would be
so complex and large a change, it would be simpleminded to predict its effects on
savings, for example, by assuming a standard rate of return and multiplying the
change by the chosen elasticity.
19. In 1995, foreign investment in the United States exceeded U.S. investment
abroad by $774 billion. U.S. Bureau of the Census (1997b), p. 791, table 1295
I 254 Notes to Pages 120-132
(market value of assets). In 1994, U.S. affiliates of foreign companies had assets
worth $2.2 trillion in the United States. Id., p. 792, table 1298. In 1996, the
United States had a significantly larger stock of foreign direct and portfolio in-
vestment (in absolute dollars) than did other industrialized countries, including
the United Kingdom, Canada, Australia, France, Germany, and Japan. Interna-
tional Monetary Fund (1997), pp. 48,143, 285, 301-302,403, 845-846, 853.
20. For the latest round in this debate, see McCaffery (1994), Alstott (1996), and
Holtz-Eakin (1996).
21. See Holtz-Eakin (1996); Alstott (1996), pp. 383-394; Graetz (1983), pp. 278-283.
For debate on the importance of inherited wealth in the U.S. capital stock, see
Kotlikoff (1988); Modigliani (1988); Kessler and Masson (1989).
22. For a more elaborate analysis of the constitutional issues, see Ackerman (1999).
Calvin Johnson (1998) has reached similar conclusions through different argu-
ments. An opposing view is presented by Jensen (1997).
23. 158 U.S. 601, 684 (1895).
24. 514 U.S. 549 (1995).
Number Percentage
of women of total
31. See Graetz (1987), pp. 855-856 ("Replacement of some significant portion of
preretirement wages must be the fundamental goal of retirement security policy.
. . . The replacement of preretirement labor income will generally ensure against
an abrupt decline in a retirees lifestyle").
32. It is not clear whether workers view the payroll tax as a "payment" for future ben-
efits or as a "tax" that reduces current earnings. The smaller the psychological
linkage between current taxes and benefits, the smaller the impact of our plan.
Many young workers today doubt that the Social Security system will deliver on
its promises to them. See Reno (1997), pp. 184-186.
33. This situation occurs when the wife's own benefit is less than 50 percent of her
husbands benefit. 42 U.S.C. § 401(b). Although today more wives have longer
work histories, many working wives will still receive only a spousal benefit after
retirement because they will have earned significantly less and worked fewer
years than their husbands did. In 1996, for example, 43 percent of female retired
workers entitled to their own Social Security benefits were also entitled to a
higher spousal benefit. See Social Security Administration, Social Security Bul-
letin, Annual Statistical Supplement (1997), table 5.G2.
For an extended discussion with many examples, see Ross and Upp (1993).
Unless a wife earns at least one-third of the couple's total lifetime income, she
will receive a higher benefit as a spouse than she would as an earner. Id., p. 59.
By 2015, 60 percent of retired wives will claim earned benefits rather than
spousal benefits, but even for this group, the marginal gain over the spousal ben-
efit may be small. Fierst (1996).
34. For ease of comparison, we have assumed that citizens' pensions would be fi-
nanced on a pay-as-you-go basis, just as the current Social Security system is.
There is currently much controversy over whether this system should be replaced
by one that funds pensions in advance. It suffices to say that our program could
be easily adapted to accommodate advanced funding. This change would impose
some hardship on the transition generation, who would have to fund their par-
ents' retirement and their own. But reforming the existing Social Security system
would raise precisely the same issue.
35. We have been confining our discussion to the cash income necessary for a
dignified old age. The design of an appropriate health insurance package raises
empirical and normative questions beyond the scope of this book. The following
discussion assumes the continuation of current Medicare, without critical scrutiny
of this premise.
36. Although poverty rates among the elderly have fallen dramatically over the long
term, they remain significant. See Moon (1997), p. 69.
37. In 1995,1.446 million elderly people received ssi (described in n. 26, supra).
Thirty-eight percent of these also received Social Security, but in such small
amounts that they remained eligible for ssi. U.S. House of Representatives
(1998), pp. 264-265, table 3-1. The number of elderly ssi recipients has fallen
since 1974. Id.
258 Notes to Pages 152-156
38. Our calculations assume the same retirement age as that currently required by
the Social Security program—age sixty-five, rising to age sixty-seven for those
born after 1959. Id., p. 17. For the calculations that support the $670 monthly
benefit, see the Appendix.
39. See Ruggles (1990) pp. 3-6, 33-62; see also Mayer and Jencks (1989).
40. Consider how a blue-collar worker might view the problem: on one hand, he will
sympathize with the plight of the next generation of low-skilled workers as they
face the uncertainties of old age; but on the other, a large stake may provide his
best chance to buy a decent house. At the other end of the economic spectrum,
the Wall Street lawyer might also lack clear priorities: on one hand, he may not
share others' anxieties about having a dignified retirement, but he may not place
such a compelling value on a high stake for young adults. There is, in short, no
particular reason to suppose that this new choice will divide Americans neatly
along class lines.
41. The Orshansky measure was never intended to support judgments about individ-
ual families' eligibility for assistance. See Orshansky (1988).
42. See, e.g., Edin and Lein (1997).
HI tax of 1.45 percent. For an explanation of terms and the law, see the preced-
ing note.
5. See Pechman (1989), p. 181; JCT (1993), pp. 41-43.
6. On wages of $200,000, and counting both the worker s and the employer's share,
the total Social Security and Medicare (OASDHI) tax is $13,909.60, or 6.95 per-
cent. The Social Security (OASDI) portion of the tax is $8,109.60 (12.4 percent of
$65,400), and the HI tax is $5,800 (2.9 percent of $200,000).
7. If the couple earns $80,760, their income tax of $12,357 will just exceed their
payroll tax (OASDHI) of $12,356. This 1997 calculation includes the employers and
workers share of the payroll tax and assumes that neither the husband nor the
wife individually earns more than the Social Security wage base of $65,400. It as-
sumes that the couple takes the standard deduction of $10,600 and four personal
exemptions of $2,650, and it treats the earned income tax credit as a reduction in
the income tax, not in the payroll tax. At an income of $80,000, this couple is well
above the median family income of $38,782. U.S. Bureau of the Census (1997b),
p. 471, table 727. At current rates, even a one-earner couple would have to earn
more than $75,000 before their income tax exceeded their payroll tax.
8. See, e.g., Pechman (1989), p. 37 (the tax system—federal, state, and local—be-
came less progressive from 1966 to 1985 because of increasing reliance on the
payroll tax and decreasing reliance on corporate and property taxes).
9. See Chap. 2.
10. Our proposal is distantly related to the idea of "endowments taxation" in the eco-
nomics literature (see Mirrlees [1971], pp. 202-208), but it differs in two signifi-
cant respects. First, an endowments tax attempts to measure an individuals
market earnings capacity, without considering whether these capacities are based
on differences in genetics, parental or individual values, or social privilege. Our
proposal aims only at differences rooted in social privilege. Second, endowments
taxation focuses on the market value of an individual s earning power. We are in-
terested in the market advantages that privilege confecs but also, more broadly, in
its intangible social and psychological advantages.
11. To be sure, the value of childhood privilege does not disappear with the onset of
old age. But here the principle of intrapersonal trusteeship comes into play. (See
Chap. 8.) Assessing the privilege tax against the elderly could deprive some of
them of their minimum guaranteed pension—leaving them, once again, at the
mercy of their younger selves.
12. See the Appendix.
13. U.S. House of Representatives (1998), p. 24, table 1-15 (average earnings of
$25,724 multipled by 15.3 percent employer and employee OASDHI payroll tax
rate). Our calculation does not replace the FUTA tax that is used to fund unem-
ployment insurance. As Chap. 8 explains, the rationale for UI is different from
the rationale for citizens' pensions, and payroll taxation may be appropriate.
Because the distribution of earnings is unequal, the median taxpayer earns
less (and pays less tax) than the average. But any median based on actual earnings
would also be skewed downward because of the significant number of part-time
260 Notes to Pages 159-161
workers: part of the goal of the privilege tax is to shift the base of taxation away
from work choices of this kind.
14. See Senesky (1998) (distributing privilege tax burdens by income and educational
achievement; showing that low-privilege-bracket taxpayers are concentrated in
low-income and low-educational-achievement groups and that the same holds
true for high-privilege taxpayers in high-income and high-achievement groups).
15. See, e.g., Mayer (1997), p. 42, table 3.1; Haveman and Wolfe (1994), pp. 106-107
(correlation between childhood poverty and lower educational achievement as
adults). For a careful review of a large number of studies, see Haveman and
Wolfe (1995). According to Mayers data, the high school dropout rate is 34.1 per-
cent for children from the poorest 20 percent of households but only 6.5 percent
for children from the richest 20 percent. The percentage of girls who become
teen mothers is 40 percent in the lowest childhood-income quintile but only 4.9
percent in the top quintile.
16. Jencks (1992), pp. 175-177 (in 1970-1982, the rate of high school dropout for
children of dropouts was 17.4 percent for whites and 18.9 percent for blacks,
while in contrast, the dropout rate among children whose parents attended col-
lege was 2.6 percent among whites and 6.3 percent among blacks; but over time,
family background has had a declining impact on black educational attainment);
Haveman and Wolfe (1994), pp. 246-251 (finding a strong and statistically signifi-
cant correlation between parental education and children's rates of high school
graduation, years of schooling, likelihood of a teen birth, and economic inactivity
in young adulthood).
17. Mayer (1997), p. 42, table 3.1.
18. We discuss the causation issue infra at p. 161. A variety of studies confirm that
parental income—or, in some cases, poverty—is correlated with impaired physi-
cal health and cognitive development during childhood and with lower economic
success in adulthood. See Brooks-Gunn, Duncan, and Maritato (1997), pp. 9-13;
Korenman and Miller (1997).
19. See Sturm and Guinier (1996), pp. 988-992.
20. See id. for a discussion of coaching and the effects of coaching on SAT scores.
21. Id., p. 990 ( graduate admissions policies that discount grades from community
colleges and state schools); U.S. Department of Education (1990), pp. 44-^5 (en-
rollment patterns by income and parental education).
22. See pp. 1-2.
23. For studies of occupational mobility, see McMurrer, Condon, and Sawhill (1997),
pp. 9-19; Hout (1988), pp. 1381-1389; Biblarz, Bengtson, and Bucur (1996),
pp. 197-198. These studies find that, although circulation mobility (the lack of
correlation between family background and sons' occupational status) increased
from the mid-1960s to the mid-1980s, circulation mobility is greatest for college
graduates and decreases at lower educational levels. This trend in circulation mo-
bility has not been sufficiently well explained for us to know whether non-college
graduates are benefiting or whether the trend will continue in the future. Hout s
analysis suggests that a significant part of the positive trend may be attributable to
Notes to Pages 161-165 261
the rising percentage of college graduates in the population, but data from the
1960s and 1970s raise the possibility that circulation mobility may be increasing
due to other unspecified factors as well. Hout (1988), pp. 1384-1386. Others hy-
pothesize that factors like increasing rates of family disruption may have helped
weaken the link between class origins and eventual success. Biblarz, Bengtson,
and Bucur (1996), p. 197.
Studies of intergenerational income mobility find that there is a significant
correlation between fathers' and sons' earnings. See, e.g., McMurrer, Condon,
and Sawhill (1997), pp. 19-21; Solon (1992). For one study of intergenerational
wealth mobility, see Menchik (1979), p. 360 (finding significant wealth immobil-
ity but noting, once again, that imputing causation is difficult because children
may inherit earnings capacity as well as material wealth).
24. McMurrer, Condon, and Sawhill (1997), p. 20.
25. Mayer (1997), p. 42, table 3.1; see also Chap. 6, n. 13. See also Haveman and
Wolfe (1995), pp. 1855-1856 (evidence on the correlation between parental in-
come and children's labor-market outcomes).
26. See Duncan and Brooks-Gunn (1997), pp. 601-605; Mayer (1997), pp. 55-78,
143. Others dispute these revisionist claims. See Brooks-Gunn and Duncan
(1997); see also Corcoran and Adams (1997), p. 17.
27. See McMurrer and Sawhill (1998), pp. 75-76.
28. In The Bell Curve, Herrnstein and Murray (1994) attribute poverty to low inher-
ited intelligence. But, as many critics have pointed out, this thesis is based on bi-
ased data and unscientific methods. See, e.g., Gould (1994). While few would
deny that inherited intelligence plays some role in economic outcomes, Herrn-
stein and Murray's argument contains at least three glaring errors. First, they use
a single measure of general intelligence, ignoring a significant academic contro-
versy over the nature and measurement of intelligence. Gardner (1994). Second,
they treat intelligence as strongly the product of heredity, underestimating the
contribution of environment and overlooking a substantial body of contrary evi-
dence. See Kaus (1995); Sowell (1995). Finally, they argue that intelligence is a
major predictor of economic success, without examining carefully the causal role
of social and economic background and public policies. See Fischer et al. (1996),
pp. 70-93.
29. See supra, n. 5 (on the incidence of the "employers" share of the tax). For con-
cern about increasing payroll taxes in the context of Social Security reform, see
Sass and Triest (1997), pp. 38-39; for an argument that repealing the payroll tax
would spur economic growth, see Drayton (1997).
30. Recent empirical evidence suggests that the net disincentive effect may not be
large. See Chap. 7.
31. To be sure, strict neutrality must sometimes give way to higher purposes. Our
wealth tax, for example, tolerates nonneutralities between spenders and savers as
a means to a fairer distribution of initial opportunity for all. But—without relying
on a misleading insurance analogy—no one has yet made a convincing case for
the fairness of a regressive wage tax.
262 Notes to Pages 165-168
43. The following list (derived from U.S. Bureau of the Census [1997b], p. 471, table
728) shows median family income by age in 1995.
Fifteen to twenty-four: $18,756
Twenty-five to thirty-four: $36,020
Thirty-five to forty-four: $46,527
Forty-five to fifty-four: $55,029
Fifty-five to sixty-four: $45,265
Over sixty-five: $28,301
44. One approach would be to include no adjustments at all for family size, on the
ground that parental income serves as a proxy for benefits that children receive
(including social status and economic security) that are largely independent of
family size. We have chosen this approach in simulating the privilege tax. See
Senesky (1998). But it would also be plausible to incoiporate some modest ad-
justment for family size, as very large differences in family size could well affect a
family's class status and economic security. Senesky (1998) provides data using
such an adjustment patterned after the official poverty measure. An extreme
form of adjustment (for example, dividing total income by number of family
members, ignoring economies of scale) would be inappropriate. For a general
discussion of the issues involved in constructing equivalence scales, see Ruggles
(1990), pp. 63-88.
Another classic question: should families with a stay-at-home parent—usually
the mother—be deemed to have extra "imputed income" from her valuable, but
usually untaxed, services? See generally Chirelstein (1997), pp. 22-25. For one
proposal, see Staudt (1996). For our part, we doubt that the extra precision is
worth the effort.
45. Under one approach, the child would be credited with the income of the custo-
dial household (custodial parent plus stepparent, if there is one) plus child
support received from the noncustodial parent. This approach could be under-
inclusive, as it ignores time spent in the noncustodial parents home. A second al-
ternative takes this point into account by treating the child as if he or she were
living in a household with the average income of the custodial and noncustodial
parents. But this approach is likely to be dramatically overinclusive, because the
noncustodial parent may not in fact be sharing resources with the child. In 1991,
for example, 25 percent of noncustodial parents ignored their child support oblig-
ations entirely, and nearly 50 percent paid less than the full amount due. See U.S.
Bureau of the Census (1997b), p. 389, table 609. All in all, we favor the first ap-
proach, particularly if "child support" is construed broadly to include cash "gifts"
used to pay for school tuition, expensive travel, and so on.
46. Some of these items (e.g., deferred compensation) are now reported by employ-
ers though not taxed. I.R.C. $ 6051.
47. The unpaid tax would be forgiven once the conditions of the escape hatch were
satisfied. In the interim, we would be inclined to allow the tax authorities to pur-
sue the usual remedies for collecting unpaid taxes—putting liens on assets, and so
on. An alternative rule would allow the unpaid tax to accrue, with interest, for
I 264 Notes to Pages 170-177
some period. This would give people some time either to get back on their feet or
to drop down a bracket, but at the cost of creating an accruing debt that might
unduly discourage them from going back to work.
48. Some students will have trouble paying their privilege tax during their school
years. Although the life-cycle adjustment described above would minimize the
problem, we might also permit elective deferral—with interest accruing at a mar-
ket rate—for students.
49. The Supreme Court has ruled that couples residing in community-property states
must report half of their joint income on each individual return. In contrast,
couples who live in common-law states must report each individual s separate in-
come on his or her return. Poe v. Seaborn, 282 U.S. 101 (1930); Gann (1980),
pp. 62-65. The solution suggested in the text would override Poe (for purposes of
the escape hatch) and treat all married couples, regardless of their state of resi-
dence, as if they each earned half the joint income.
50. Even if a wealth tax were not enacted, we might require reporting of municipal-
bond interest, which is already used for purposes of some tax rules. See, e.g., $$
32(i), 86(b)(2) (including tax-exempt interest in income for purposes of determin-
ing EITC eligibility and the taxable portion of Social Security benefits).
51. In 1996, the poverty line for an individual without children was $7,995; 175 per-
cent of that amount is $13,991. U.S. Bureau of the Census (1997a), p. 1. In 1991,
a 1.75 threshold would have encompassed families in the first and second income
deciles (mean income of 0.47 and 1.14 of the poverty line, respectively) and part
of the third (mean income of 1.72). Danziger and Gottschalk (1995), p. 53, table
3.3. This is a single-year snapshot; a multiyear threshold would include fewer
people. As Chap. 8 explains, the official poverty thresholds are deeply flawed, but
they are our best measures at present.
52. A related objection asserts that the privilege tax interferes with the liberty of priv-
ileged children to pursue low-paying careers. But this gets the point precisely
backward: the obligation to contribute to society in accordance with privilege is
prior to one s liberty to choose careers.
53. The low-bracket privilege tax of $360 equals a 15.3 percent payroll tax on just
$2,353 of salary; anyone in the low-privilege bracket who earns more than that
will pay less than he or she would today.
54. Mashaw and Marmor (1996).
55. Our discussion assumes the current practice of requiring each generation to pay
for the retirement of its successor. The first stakeholders continue to pay payroll
taxes to support their parents' Social Security benefits; the second generation of
stakeholders will pay privilege taxes to fund their predecessors' citizens' pensions;
and so on. Depending on the actuarial tables, the transition may bite a bit harder
on the second generation of stakeholders, who will continue to labor under a
gradually diminishing payroll tax and a gradually increasing privilege tax after re-
tirement. But if this imbalance proves to be a political stumbling block, one alter-
native would be to shift some of the burden to the first generation of stakeholders
by introducing the privilege tax at an earlier point.
Notes to Pages 181-198 265 I
and children. See Chirelstein (1997) (Supplement). The top 1 percent of taxpay-
ers will gain about 32 percent of the tax cuts in the legislation. See CBPP (1997).
4. See JCT (1997), p. 205 (during a ten-year period, IRA expansion cost $20 billion,
and capital gains tax relief, including the homeowner provision, cost $21 billion).
5. There are no official, published estimates of the separate distributional effects of
these programs. But an analysis by the Center on Budget and Policy Priorities
suggests that the expanded IRAS provided benefits primarily to people well within
the top half of the income distribution. See Greenstein (1997).
6. See JCT (1997), p. 38 ($183 billion over five years).
7. See Lav (1997). The only serious redistributive initiative in recent years has been
the earned income tax credit. See Alstott (1995). We discuss it further at n. 46
infra.
8. For a thorough analysis of the cumulative impact of government policies and
business flight that lie at the source of present pathologies, see Wilson (1996).
9. The tax breaks include access to tax-exempt financing, a tax credit for firms that
hire zone residents, and quicker tax deductions for business investment. I.R.C.
§§ 1391-1397D.
10. Ladd (1994).
11. See Chirelstein (1997) (Supplement), pp. 19-26.
12. A parent with two children in college may be able to take a fifteen-hundred-
dollar credit for one child and a one-thousand-dollar credit for the other. Id.,
pp. 22-23.
13. See Chap. 3.
14. See I.R.C. § l(h) (maximum rate of 20 percent on long-term capital gains); § 2010
(raising to $1 million by 2006 the exemption level for the estate and gift tax).
15. See 42 U.S.C. § 601 et seq.
16. Blank (1997), pp. 80-81; Burtless (1997), p. 44.
17. Hershey and Pavetti (1997), pp. 78-81; Edin and Lein (1997), pp. 65-69.
18. Recent studies confirm that the economic recovery is largely responsible for the
drop in welfare caseloads. See CEA (1997); Ziliak et al. (1997).
19. See McMurrer and Sawhill (1998), pp. 85-89.
20. See Wilson (1996), pp. 25-50.
21. See Blank (1997); Handler and Hasenfeld (1997).
22. See the Appendix.
23. See Report of the 1994-1996 Advisory Council on Social Security (1996),
1:28-34.
24. Ball et al. (1996), pp. 69-72; Fierst (1996), p. 150.
25. See Chap. 8.
26. Kaus (1992).
27. In 1996, there were 1,471,700 active-duty military personnel. U.S. Bureau of the
Census (1997b), p. 363, table 564. Of these, 69,300 were recruits. In that year,
the military also employed 732,000 civilians and 1,464,000 reserve and National
Guard positions. Id., p. 355, table 548. Assuming (optimistically) that untrained
civilians could fill all the positions for recruits and replace 10 percent of the civil-
Notes to Pages 203-211 267
ian workforce and the reserve and National Guard positions, that would create
288,900 jobs—enough to employ 8 percent of the 3,570,000 eighteen-year-olds in
1996. Compare Kaus (1992), p. 80 (estimating that, in 1995, the military could
employ 11 percent of Americas draft-age men).
28. Kaus (1992), p. 81.
29. Id., p. 83.
30. See Moynihan (1969).
31. Phelps(1997).
32. Id., pp. 145-146.
33. Compare Card and Krueger (1995) with Shaviro (1997), pp. 407, 414-419.
34. Phelps (1997), pp. 113-114.
35. Id., pp. 110,115-116.
36. U.S. Bureau of the Census (1997a), p. 1.
37. Phelps (1997), p. 116.
38. Id., pp. 16-26.
39. Id., pp. 134-143.
40. Id., p. 24 (in the late 1980s, the bottom 30 percent of male workers earned seven
dollars an hour or less).
41. For example, in Phelps s plan, the subsidy could be received only by full-time
workers. Phelps (1997), p. 108. He does not discuss the child care needs and
other difficulties that working mothers face.
42. Id., pp. 38-50.
43. Id., pp. 126-128.
44. In purely financial terms, Phelps s subsidy can be worth more than stakeholding
under certain stringent conditions. This is true if a worker qualifies for the maxi-
mum annual subsidy of six thousand dollars (three dollars an hour multiplied by
two thousand work hours), receives no raise during his or her entire working life,
and works full-time, year-round, from age eighteen until age sixty-five. At a 5 per-
cent (nominal) interest rate, an eighty-thousand-dollar stake could buy an annu-
ity, payable from ages twenty-one to sixty-five, of $4,314—less than the $6,000
per year for forty-seven years payable under Phelps s plan. But, of course, these
are special conditions indeed; the majority are likely to gain much more from
stakeholding.
45. Burkhauser, Couch, and Glenn (1995).
46. Like Phelps s more ambitious plan, the earned income tax credit (EITC) is not
properly viewed as an alternative to stakeholding, While the EITC has some com-
parative advantages over Phelps s plan as an incrementalist means of raising
wages at the bottom, stakeholding, as we have emphasized, has a different aim.
47. Phelps would finance the wage subsidy with an increase in the payroll tax. Phelps
. (1997), pp. 116-118.
48. See Van Parijs (1995).
49. See Van Parijs (1992), p. 3.
50. For the economists take on the basic income, see, e.g., Atkinson (1995a);
Bankman and Griffith (1987). For a philosopher's take, see Van Parijs (1995).
268 Notes to Pages 211-219
2. See Chap. 3.
3. See Chap. 5. Thus every stakeholder notionally receives an account into which
the government makes four annual payments of twenty thousand dollars begin-
ning at age eighteen. If the stakeholder doesn't draw down the funds (because,
say, she has chosen not to go to college and therefore doesn't use the money for
tuition), the funds earn interest. But every stakeholder has a payback obligation
that begins at age eighteen (for the first payment of twenty thousand dollars), is
increased at nineteen (for the second payment), and so on.
4. To put the point another way, $82,435 is also the value, with accrued interest, of
what a twenty-one-year-old would have if he or she had deposited twenty thou-
sand dollars in a bank account each year beginning at age eighteen.
5. This is the proportion of twenty-five- to twenty-nine-year-olds in 1997 with four-
year college degrees. U.S. Department of Education (1997b), table 8 (27.1 per-
cent). This overstates the number of eighteen- to twenty-one-year-olds in college,
since some graduates start or finish school at earlier or later ages. See id,, table
176. But the estimate also understates the number of early stake claimants, since
it does not take into account the eighteen- to twenty-one-year-olds who will
withdraw funds in order to enroll in two-year colleges or vocational educational
programs.
6. Id., table 312.
7. Table 8 illustrates the calculations behind our estimate that the cost of stakehold-
ing in 1997 would have been $255 billion. Population numbers are taken from
U.S. Bureau of the Census (1997b), p. 16, table 16, with each age cohort in 1996
treated as one year older in 1997. Numbers of citizens are estimated by applying
to each age cohort the population ratio derived from the data in n. 1 supra. In
1997, there were 3.1 million citizens and 3.571 million residents, for a ratio of
86.81 percent. (Because the citizenship data are based on voting in 1994, we can-
not directly measure the citizenship ratio for groups younger than twenty-one in
1997.)
8. For this group of stakeholders, a fund of $320 billion represents eighty thousand
dollars per person. But once again, the real costs will be a bit more because of the
interest paid to non-college-bound stakeholders, with the precise cost depending
on the proportion of college-bound and non-college-bound stakeholders.
9. The current baby boomlet raises the question of how to adjust the size of the
stake so that blips in demographics do not dramatically increase the cost burden
or reduce the size of the stake. This is actuarially possible and probably desirable.
Like the Social Security trust funds, the stakeholding fund could periodically ac-
cumulate surpluses or deficits according to projected taxes and benefits.
10. OMB (1997), p. 20, table 1.1.
11. See Chap. 3, nn. 10-12 (1990-1991 and 1998 data).
12. In 1994, state and local property taxes raised $197 billion. Statistical Abstract
(1997), p. 304, table 484. The extent to which a federal wealth tax would reduce
property-tax revenues is unknowable and would depend on taxpayers' behavioral
adjustments as well as political dynamics.
13. See Chap. 7, pp. 119-120.
14. Wilhelm (1998), p. 18.
15. The SCF, a survey of U.S. households, contains detailed information about finan-
cial and nonfinancial wealth. The SCF sample is nationally representative but also
oversamples high-income households, permitting an accurate analysis of the top 5
and 1 percent. Wilhelm (1998), p. 2.
16. An additional wrinkle is that non-college-bound stakeholders will receive interest
on their stakes and will ultimately collect four payments of $21,225, or $84,900
(see Chap. 3). The wealth-tax exemption could be raised to eighty-five thousand
dollars with only a trivial revenue loss. See Wilhelm (1998), p. 20 (total revenue
of $372.4 billion).
17. In another conservative move, we subtract all debt from net assets, even though
some of it may finance consumer durables that are not in the SCF wealth base. Id.,
p. 5.
18. See Chap. 6, p. 106.
19. Wilhelm (1998), pp. 6-9. Because this amount includes future payouts (discounted
at 2 percent and deflated at 3 percent per year), it is greater than the "cash sur-
render value," or the amount of cash into which the pension could be converted
immediately. But the wealth tax is not restricted to liquid assets, and so we re-
jected the cash-surrender approach.
20. See Chap. 6, n. 26.
21. See Chap. 6, p. 105.
22. See Wilhelm (1998), p. 10.
Notes to Pages 223-226 271
23. Data are taken from http://www.dowjones.com/, the website for Dow Jones and
Company.
24. From 1989 to 1995, the percentage of families owning stock (either directly, or
indirectly through a pension plan or mutual fund) grew from 31.7 percent to 41.1
percent. But even so, in 1995, 83.9 percent of families earning $100,000 or more
owned stock (either directly, or indirectly through a pension plan), whereas only
47.7 percent of families in the $24,000-$49,000 range held stock. And the me-
dian value of the high-income group s stock holdings was $90,800, compared to
only $8,000 for the middle-income group. Kennickell, Starr-McCluer, and Sun-
den (1997), pp. 11-12,
25. See Chap. 6, pp. 108-109.
26. Board of Governors of the Federal Reserve System (1998), p. 69, table L.107.
27. In other words, $1.719 trillion (foreigners' U.S. corporate equities and foreign di-
rect investment) divided by $4.654 trillion (total foreign assets) yields .3694, or
about 37 percent of total foreign assets. Multiplying that ratio by the total liabili-
ties of $2.267 billion yields deductible debt of $837 billion.
28. I.R.C. §§ 871, 881.
29. See Chap. 6, n. 43.
30. This calculation may also understate foreigners' U.S. wealth, because the Flow of
Funds table appears to omit investments in U.S. real estate that are not part of
foreign direct investment. See Board of Governors of the Federal Reserve Sys-
tem (1998), p. 69, table L107.
31. Internal Revenue Service (1997), p. 136, table 1. The calculation omits net in-
come from estates and trusts, because there is no breakdown by income type.
The calculations treat income from partnerships and S corporations as earnings
rather than capital income, although there is no clear way of separating them in
this context.
32. In 1994, the average tax rate for all taxpayers was 14.3 percent. Cruciano (1997),
pp. 7—8, figure A. But because owners of capital income tend to be somewhat
richer than average, we have chosen 20-25 percent as an approximate effective
rate.
33. See Chap. 5, n. 18.
34. See Chap. 5, pp. 89-93.
35. Eller (1996-1997), p. 42, table Id (69,772).
36. In estimating what this group would have paid back into the stakeholding fund,
we have ignored the possibility of charitable gifts, debts exceeding $300,000
(the amount necessary to leave an estate of $600,000 or more with less than the
$250,000 payback plus the $50,000 exemption), and deductible bequests to sur-
viving spouses. See Chap 5, pp. 89-93. On actual estate tax revenue in 1995, see
Eller (1996-1997), p. 46, table Id.
37. U.S. Bureau of the Census (1997b) (1.926 million deaths in 1995).
38. One might begin with the much more detailed SCF wealth data and then simu-
late annual death rates, but we have not done so. Compare Poterba (1997a),
pp. 14-19.
272 Notes to Pages 226-228
39. Ten percent of 1995 deaths would be 192,600 people; if each owed (and paid)
$250,000, the total would be $48.15 billion.
40. Poterba(1997a),p.25.
41. See Chap. 9, p. 176.
42. The retirement age will be sixty-seven for people born after 1959. U.S. House of
Representatives (1998), p. 16. Those born in 1960 will be sixty-seven in 2027.
43. In calculating the total retirement and survivors' benefits paid in 1996, we have
omitted the benefits paid to early retirees. For the average monthly benefit, see
Social Security Administration (1997), table 5.A16 (31,667,000 recipients, ages
sixty-five or older, in all categories, received an average benefit of $717.67
monthly, or $8,612 per year). The total expenditure is the number of beneficiaries
multiplied by the average annual benefit, or $272.717 billion.
44. U.S. Bureau of the Census (1997b), p. 16, table 16 (33.861 million). This is the
number of U.S. residents, not the number of U.S. citizens, because citizens' pen-
sions (despite their name) would be payable to all permanent residents. See
Chap. 8, pp. 149-150.
45. $272.717 billion divided by 33.861 million is $8,054.01.
46. See OMB (1997), p. 252, table 13.1.
47. Report of the 1994-1996 Advisory Council on Social Security (1996), 1:11.
48. In 1996, OASI payroll taxes raised $311.869 billion, while benefits cost $299.985
billion. OMB (1997), p. 252, table 13.1. The ratio is $311.869 divided by $299.985,
or 1.0396.
49. Multiplying the 1996 cost of citizens' pensions by the ratio of 1996 benefits to
taxes implicitly includes a proportionate share of administrative costs and other
trust-fund expenses, as well as the excess amounts left to accumulate in the trust
fund.
50. U.S. Bureau of the Census (1997b), p. 16, table 16 (151.481 million).
51. Though arbitrary, the assumption of proportional default seems pretty reason-
able. While taxpayers in the low-privilege bracket may be least able to pay, they
also owe the least. High-bracket taxpayers and mid-bracket taxpayers may have,
on average, greater ability to pay, but their tax liability is significantly greater.
52. If % is the highest privilege tax, we have assumed that the low-privilege group
pays 0.1* and that the middle group pays yx - (.lx + x + y) 13, or y = .5494*.
53. The total revenue is ($3,800 x 27.267 million = $103.615 billion) + ($2,090 x
81.8 million = $170.962 billion) + ($380 x 27.267 million = $10.362 billion) =
$284.939 billion.
54. Report of the 1994-1996 Advisory Council on Social Security (1996), 1:11. While
these calculations assume that the OASDI system has been placed on an actuarially
sound foundation, they do not address the predictable fiscal gap in Medicare or
how it should be filled.
55. For the taxable payroll in 1996, see U.S. House of Representatives (1996), p. 68.
To estimate the additional revenue, we multiplied the 1996 taxable payroll ($3.05
trillion) by 2.17 percent (the percentage-point increase in the payroll tax) for a
total of $66.185 billion.
Notes to Pages 228-229 273 I
56. In December 1996, total (annualized) OASDI outlays for all beneficiaries were
$340.632 billion (40.631 million beneficiaries x [$698.63 x 12) annualized aver-
age benefit). Social Security Administration (1997), table 5.A16. Of that amount,
80.06 percent, or $272.717 billion (see supra, n. 43), was paid to recipients age
sixty-five or older.
57. More precisely: 80.06 percent of $66.2 billion is $53 billion. Added to the current
tax cost of $283.517 billion (see supra, nn. 48-49), the total is $336.517 billion.
58. The total revenue is ($4,500 x 27.267 million = $122.702 billion) + ($2,475 x
81.8 million = $202.455 billion) + ($450 x 27.267 million = $12.270 billion) =
$337.427 billion. We have rounded numbers for ease of presentation in the text.
59. In 1996, OASDHI payroll tax revenues were $472.489 billion. OMB (1997), pp. 252-
253, table 13.1. (OASI taxes of $311.869 billion plus DI taxes of $55.623 billion
plus HI taxes of $104.997 billion.) $472.489 billion current revenues - $283.517
billion replaced by the privilege tax = $188.972 billion.
60. As in the preceding note, in 1996, OASDHI payroll tax revenues were $472.489 bil-
lion. As described in n. 55, the total payroll-tax increase needed to put the Social
Security system on an actuarially sound footing is $66.185 billion, for a total of
$538.674 billion. The privilege tax would replace $336.517 billion, leaving
$202.184 billion.
61. See supra, n. 59.
62. The total revenue is: ($6,300 x 27.267 million = $171.782 billion) + ($3,465 x
81.8 million = $283.437 billion) + ($630 x 27.267 million = $17.178 billion) =
$472.397 billion.
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Bibliography 287
Adults, young, 234n35; alienation of, Social Security, 201-202; tax reform,
35-36, 234n39; college-bound high 198-199; wage subsidies for low-skilled
school graduates, 51-55, 237n9; college workers, 204-210, 267n44, 267n46,
debts of, 35; false promise of maturity of, 267n47; welfare reform, 200-201,
35, 58; myopia among, 134-136; non- 266nl8
college-bound high school graduates, Aristotle, 185
56-57, 58-59, 66-72; responsible deci- Articles of Confederation, 122
sion-making by, 7, 37-41, 235n47; waiver
of stakes by, 78, 82. See also Stakeholders Basic income, 210-216, 267n50,
Affirmative action, 62 268nn52-54
African Americans: impact of stakeholding Bentham, Jeremy, 80
on,60-62 Bequests, 36, 81-84, 89-93,121, 235n42
Age requirements for stakeholding, 52, Birthrate: stakeholdings impact on, 59-60,
56-57 239n34
Alaska Permanent Fund, 13, 232nl5 Brown v. Board of Education, 2, 28, 30
Aliens, resident: as eligible for citizens'
pension plans, 149-150; as ineligible for Charities, 90-92,183
stakeholding, 46; liability for the wealth Chauvinism, 194-195
tax, 108-109 Child care: stakeholdings impact on, 26,
Alternatives to stakeholding, 198; basic in- 59-60, 61
come, 210-216, 267n50, 268nn52~54; Childhood privilege: effects of, 160-161,
education subsidies, 199-200, 266nl2; 260nl5, 260nl6, 260nl8, 260n21,
national service, 202-204; privatizing 260n23; tax based on, 158, 259nll
289
290 Index
Children: early childhood initiatives for, misuse of stakes objection, 40; Social
28-29, 31, 233n20, 233n21; hope of eco- Security's discrimination by, 146-148,
nomic improvement over parents, 1, 256nn23-25
231nl; impact of parents' wealth on, Clinton, Bill, 142,198,199
23-24, 25, 27,33,160-161; motivating Colleges: community colleges, 56, 68, 70,
power of stakeholding on, 30, 72-74; 73, 238n25; debts incurred in, 35; eco-
poverty rate for, 26, 232n3; safety nets nomic success of graduates, 29, 234n28;
for, 131-132 effect of stakes on tuition, 53, 58,
Citizenship: classical republican view of, 239n29; financing of with stakes, 45,
185; economic citizenship, 3, 8,16, 33, 51-55, 237n9, 237nl2; interim scholar-
186,188; and eligibility for stakeholding, ship programs for, 55; low-income
46-49, 236n2, 236n4; as formal exercise, students in, 52-53, 238nl5, 238nl6,
6; founding fathers' idea of, 181-185; 239n31; matriculation rates, 51; price
private property linked with, 11-12; priv- competition among, 53-55, 58, 238n21;
ileges and immunities of, 111, 252n68, state and federal support for, 52, 54-55
252n69; renewed sense of from stake- Communitarianism, 43-44,186, 265nlO
holding, 186, 197; sense of common en- Community colleges, 56, 68, 70, 73, 238n25
terprise in, 5-6; social insurance linked Congress: citizens' pension rate debates in,
to, 130; worker citizenship model of, 151-154; oversight of stakeholding fund
15-16 by, 111-112
Citizens' pensions, 16, 130-131, 254n5; Constitution of the United States: Four-
aliens' eligibility for, 149-150; benefit teenth Amendment to, 11, 47, 111,
levels, 130-131,150-154, 226-229, 252n68, 252n69; and the residency re-
254n5; dignified old age as benchmark quirement, 49, 236n5; and stakeholding,
for payments, 130,141-142,143, 121-124, 254n22; Thirteenth Amend-
150-154,155, 202, 257n35, 258rc40; ment, 87; and wealth taxation, 121-124
economic impact of, 149; employment Consumption taxes, 88,113, 243nl5,
status as distinct from, 130-131, 155; as 246n23
equitable to all classes, 147; liberal case Continental Congress, 122
for, 140-142; means testing rejected for, Cooperation in the economy, 14, 32
138; pay-as-you-go program for, 144, Cost of stakeholding, 28, 77, 219-221
176-177, 257n34; privilege tax as rev- Creditors' claims to stakes, 57, 238n28
enue source for, 157-160,163, 226-229, Criminals: loss of stakeholding rights by,
259nl3; and a renewed sense of citizen- 49-51
ship, 143; retirement age for, 256n22, Culture wars, 43
258n38; revenue cost, 226-229; Social Czech Republic: voucher privatization in,
Security compared to, 142-150,152- 12-13, 232nl4
153; Social Security's temporary coexis-
tence with, 176; and the Supplemental Debts incurred by underage stakeholders,
Security Income program, 256n26, 57, 238n28
257n37 Decision-making, responsibility in, 7,
Civilian corps, 203-204 37-41, 196, 235n47
Class: conflict, 30,173-174; and education Declaration of Independence, 44, 62, 76,
policy, 30; influence of, 160-161; in the 82,86
Index 291
Disparities: in income, 1-2, 6-7, 231n2, the new liberalism, 22; for non-college-
231n4, 231n5; in wealth, 95-96,117, bound high school graduates, 56-57,
245wn7-10, 252n6 58-59; and taxing wealth, 97-100. See
also Unequal opportunity
Early childhood initiatives, 28-29, 31, Estate taxes, 89-93, 243nl8, 244nl9,
233n20, 233n21 244n23, 245n24, 245n26
Economic citizenship, 3, 8, 33,186,188; Europe: wealth taxes in, 101-102,106,119,
and the citizens pension, 16; transition 243nl7, 246n22, 248n44, 249n56,
from worker citizenship to, 16 251n63
Economic effects, 59,114-121; of citizens'
pensions, 149; entrepreneurial effect, Family businesses, decline of, 36
118; on foreign investors, 120, 253nl9; Federalism, 28-29
income effect, 118-119, 253nlO; on the Financing stakeholding, 4,13-14, 78-79,
labor supply, 120, 253nl6, 253nl8; of 113,187, 221-226; economic growth ob-
proposed new taxes, 119-120, 253nl3; of jection to. See also Payback obligation;
stakeholding on growth, 114-119; of tax- Wealth tax
ation on savings, 120, 253nl5, 253nl8 Foreign investors, taxation of, 108-109,
Economy: globalization of, 7, 14,195, 216; 120,251n61, 253nl9
social cooperation in, 14,32 Fourteenth Amendment, 11, 47; privileges
Education: class anxiety in, 30; correlations and immunities clause, 111, 252n68,
of test scores and parental wealth, 27; 252n69
disparities in public education, 26-27, France, Anatole, 191
233nll, 233nl5; limits of early child- Freedom: and citizens' pensions, 133-136;
hood initiatives, 28-29, 31, 233n20, and privilege taxation, 157-158,
233n21; public spending on, 35, 234n36; 160-162,175-175; profiles in, 65-76;
requirements for stakeholding, 7-8,38, and stakeholding, 3-4, 8-10, 24-26,
45; subsidies for, 199-200, 238n21, 31-34
266nl2. See also Higher education Free enterprise: system of social coopera-
Elderly: obligations of, 98-100; rights to a tion in, 14, 32
citizen s pension, 129-131,133-142 Future citizens: dialogic accountability to,
Eligibility for stakes, 45; age requirements 114-116; society's obligations toward,
for, 52, 56-57; of birthright citizens, 79-84
46-49, 236n2; disqualifying effect of
criminal convictions, 49-51; education GI Bill of Rights, 6, 77,238n21, 242n2
requirements for, 7-8, 38, 45; of natural- Gifts: regulation of inter vivos gifts, 83-84.
ized citizens, 47-49, 236n4; residency re- See also Bequests
quirement for citizens, 48-49, 236n4, Gift taxes, 84, 89-93, 244nl9, 244n23,
236n5; resident aliens excluded from, 46 245n24, 245n26
Employment subsidies, 204-210 Gingrich, Newt, 198
Enterprise zones, 199 Globalizing economy, 7,14,195, 216
Entrepreneurial effect of stakeholding, 118 Great Britain: privatization of public hous-
Equality of opportunity, 1; conditions for, ing in, 12, 232nl3
24-25; in a global economy, 7,14; gov- Great Society, 11, 99,184
ernment s role in guaranteeing, 4; and Growth. See Economic effects
292 Index
Harlan, John Marshall, 123 Inheritances, 36, 235n42. See also Be-
Harrington, James, 185 quests; Gifts
Head Start programs, 28, 31, 233n21, Insurance, private, 139
240nl3 Intelligence: and economic outcomes, 162,
Higher education: competition in resulting 261n28
from stakes, 53-55, 238n21; effect of Interest earned on stakes, 57, 68, 71, 73,
childhood privilege on, 160, 260n21; fi- 220, 238n26
nanced with stakes, 45, 51-55, 237nl2; Investment of stakes, 68, 71, 73, 240nl6,
subsidies for, 199-200, 266nl2. See also 241n25
Colleges
High school graduates: college-bound, Jefferson, Thomas, 44, 86,188-189
51-55, 237n9; non-college-bound,
56-57,58-59, 66-72 Kaus, Mickey, 202-204
High school graduation: national examina- Kemp, Jack, 199
tion for, 38; rate of, 40-41, 236rc50; as Klaus, Vaclav, 12-13, 232nl4
stakeholding requirement, 7-8,38, 45
Homestead Act, 11, 184 Labor supply, 120, 253nl6, 253nl8
Human capital accounts, 215, 268n56 Liberalism, 2-4, 21-26, 31, 36, 43-44,
81-86,96-101,114-116,133-142,
Identity, politics of, 2 150-154,157-158,162-164,191-194,
Immigrants: and stakeholding, 46-49, 204, 232nl
236n4. See also Aliens, resident Liberal trusteeship, 81-84, 96,114-116
Incentives. See Economic effects Libertarianism, 3-4,21; anticontextualism
Income: basic income rights initiative, in, 23-24; ideal of equal freedom in, 32;
210-216, 267n50, 268nn52-54; dispari- on obligations to the future, 79-80; and
ties increasing in, 1-2, 6-7, 231n2, social insurance, 132; and the trusteeship
231n4,231n5 tax, 85-86
Income effect, 118-119, 253nlO
Income tax, 98,155; constitutionality of, Madison, James, 184
122-123; loopholes in, 98, 246nl5; pay- Marxism, 183
roll taxes compared to, 156, 259n7; as McGovern, George, 210-211
possible form for trusteeship tax, 88,113; Meade, James, 25
wealth tax integrated into, 107-108, Means testing, 138-139,148
248n48, 248nn50-54, 248nn57-59 Medicare, 99,152-153,259n6
Individualism: anticontextualism in the lib- Military, 6, 203, 266n27
ertarian view of, 23-24; balanced with Minimum wage, 205
economic equality, 21-22, 232nl; and Minority groups: impact of stakeholding
social insurance, 133; stakeholding and, on, 60-62; poverty rate for, 241n26
191-194; and trusteeship, 81; and utili- Mortgage payments, 69, 241nl8
tarianism, 22-23
Individual Retirement Accounts, 198,266n5 National sales tax, 78-79, 88, 243nl5. See
Inequality. See Disparities; Unequal also Consumption taxes
opportunity National service programs, 202-204
Index 293
Wealth: as correlated with age, 98-100; as 98-100; political case for, 187; revenue
dependent upon cooperation, 14, 32; dis- yield of, 221-225; setting the 2% rate,
parities in, 1-2, 6-7, 95-96,117, 231n2, 102-103; status of families under, 105,
231n4, 231n5, 245nn7-10, 252n6; distri- 247n37; as a trusteeship tax, 88-89,
bution of, 143-144, 246nl8, 255nll; for- 100-101; valuation methods for,
eign, 108; significance of inherited 105-107, 247n40, 248n43,248n46
wealth, 25, 27, 33,121, 254n21 Welfare reform, 8, 200-201, 266wl8
Wealth tax, 4,13-14, 78-79, 94-95, Welfare state, 8,129,183,209, 253nl2; in
101-109, 221-225, 242n4, 261n31;ad- Europe, 119. See also Social insurance
ministration of, 102,105-107, 248n48; systems
base of taxation for, 103-104,106, Women: citizens' pensions' impact on, 130,
246^26, 246n27, 246rc28; decline of, 113; 145,147,148; privilege tax's impact on,
dedicated funds for stakeholding from, 175; Social Security's impact on, 130,
110-112; distribution of burden of, 145-146, 254nl, 255nl6, 255n20,
224-225; economic impact of, 114,116, 256w21; stakeholding s impact on, 61-62,
119-120, 253nl3; and equality of oppor- 207-208; working mothers, 26, 232n6,
tunity, 97-100; European models of, 232n7
101-102,106,119, 246n22, 248n44, Work: citizenship and, 15-16; Social Secu-
249n56; evasion of, 105-106,109, rity linked to, 15,129-130,145-146,
247n39, 251n67; exemptions for, 103- 255n20, 256n21
104, 189, 246n26, 248n49; on foreign in- World War II, 5-6
vestors, 108-109,120, 251n61, 253«19;
integration with the income tax, 107- Young adults. See Adults, young
108, 248n48, 248nn50~54, 248nn57-59;
and the obligations of older Americans, Zobel v, Alaska, 237n5