If one listened only to the avalanche of political ads during the recent election campaign, one might believe that Americans were being crushed under the heaviest federal tax burden ever, and that raising taxes on the wealthy (the “job creators”) was tantamount to national economic suicide. This view, bolstered by much of the record $4-6 billion raised for the Presidential and Congressional campaigns, was heavily supported by a small group of billionaires, perhaps topped by casino magnate Sheldon Adelson, who reportedly made contributions of a record $150 million himself. In total, billions of dollars were spent by people who claimed that they were forced to spend too much in federal taxes.
In reality, Americans today have the lowest federal tax burden since 1950. Historically, in the 1950s and early 1960s the economy was very healthy, and the top income tax bracket paid around 90 percent. When tax rates were dramatically reduced for the wealthiest Americans, as in the 1920s and over the last decade and a half, brief prosperity resulted, followed by a catastrophic economic crash and the greatest inequality in wealth between the very rich and the rest of the population.
The Jewish tradition has much to say about fairness in taxation, and consistently endorses the principle that those who benefit the most from society have the greatest obligation to pay for the support of the community. For example, Deuteronomy 15:4 states: “And there shall be no needy among you.” In addition, farmers were instructed to go over their fields and vineyards only once, and not to reap the corners of their fields: “Leave them for the poor and the foreigner” (Leviticus 19:9-10). According to the Mishnah, the community was expected to support a communal kitchen, burial society, and other needed infrastructure (Peah 8:7). Later, more defined funds presided over by prominent members of the community were set up to deal with the poor. In order to achieve this, citizens were taxed in proportion to their ability to pay. Thus, Jewish law has consistently upheld the idea that a fair taxation is necessary for the maintenance of the community. Continue reading
The Rabbis teach (Ta’anit 11a) that “at a time when the community is suffering, no one should say, ‘I will go home, eat, drink, and be at peace with myself.'” To effectively aid those who are suffering, we need the cooperation and collaboration of each and every individual. We need strong individuals, effective non-profits, and committed states. However, we also need to recognize the most powerful collective body available to address the suffering. In our society, the mechanism that represents the people is the government, and it must be effective. Government does not always have to be big to be effective, but oftentimes it does, especially when responding to disasters on a large scale.
Hurricane Sandy, which struck the east coast in October 2012, was the largest Atlantic hurricane on record and the second-costliest, behind only Hurricane Katrina. At least 253 people were killed and an estimated $65.6 billion was lost due to damage and business interruption. For weeks, many in this, the wealthiest country in the world, were suddenly lacking the basic necessities of life, such as shelter, heat, power, and water. The most dramatic damage occurred in southern New Jersey and the New York City metropolitan area. In New Jersey, the historic Seaside Heights roller coaster was carried out into the Atlantic Ocean, where its tangled ruins remain today. Video of the famous Jersey shore area revealed miles of destroyed boardwalks and beaches that had virtually disappeared, along with hundreds of demolished houses and boats. To the north, nearly 100 people died within a 65-mile radius of New York City as a result of Hurricane Sandy. Manhattan had never before flooded, but Hurricane Sandy’s waters were nearly 4 feet higher than the city’s 10-foot walls. Scores were killed in their homes on the coasts of Staten Island and Queens. Some ignored mandatory orders to evacuate, others were elderly and infirm, but all were victimized by a flood surge that filled houses with water within minutes, allowing no escape. Others were killed by falling branches and trees. Millions of people were without power, and received little-to-no information from their utility companies about when power might be restored. The catastrophe was reminiscent of Hurricane Katrina in 2005, and many feared a repeat of the government’s feeble response to that storm might occur again. Continue reading
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In Jewish law, we are told that it is unjust to be biased and be swayed by poverty, to favor the case of the poor over the rich in a dispute. Within the realm of a formal court’s judgment this is crucial (Exodus 23: 3, 6). However, does this notion still apply today, where the disparity of wealth between the poor and the rich has become so large that the poor often can no longer properly advocate for themselves?
This notion of equality before the law is mostly a fallacy today in America, since the poor have such a serious disadvantage in the courtroom. The New York Times reported that more than 90% of criminal cases are never tried before a jury; most people charged with crimes just plead guilty, forfeiting their constitutional rights. The prosecution usually promises to give a deal to those who plead guilty and go all-out against anyone who tries to go to trial. It is simply cheaper to plead guilty than to try to pay for legal counsel.
Every individual should have the same fair opportunity before the law, because we must be committed to truth and justice. But this is not the reality today. Even if it were true, Judaism teaches that we must go over and above the law (lifnim mishurat hadin) to support those more vulnerable (Bava Metzia 83a). Furthermore, we learn that G-d created and destroyed many worlds that were built upon the foundation of din (judgment), and then G-d finally created this world built upon rachamim (mercy) (Rashi to Genesis 1:1). Our world can’t exist on pure judgment, rather, as fallible beings we rely upon the grace, empathy, and kindness of G-d and man.
We must be moved toward mercy for those who are suffering, and this must affect how we build society. President Obama explained the importance of empathy in jurisprudence when choosing Supreme Court justices: “I will seek someone who understands that justice isn’t about some abstract legal theory or footnote in a casebook; it is also about how our laws affect the daily realities of people’s lives. I view the quality of empathy, of understanding and identifying with people’s hopes and struggles as an essential ingredient for arriving at just decisions and outcomes.” Law is not only about principle, it is also about life.
This is all the more true outside of the courtroom. Within the realm of Jewish grassroots activism, we learn that our primary responsibility is not equality, but to prioritize our support for the vulnerable.
Numerous Jewish teachings remind us that our primary responsibility is to protect and prioritize the most vulnerable individuals and parties: “G-d takes the side of the aggrieved and the victim” (Ecclesiastes 3:15). When there is conflict, G-d simply cannot withhold support for the one suffering.
Rav Ahron Soloveichik writes: “A Jew should always identify with the cause of defending
the aggrieved, whosoever the aggrieved may be, just as the concept of tzedek is to be applied uniformly to all humans regardless of race or creed” (Logic of the Heart, Logic of the Mind, 67).
This is what it means to be Jewish, to prioritize the suffering in conflict.
This point is made time and time again by the rabbis. The Talmud, based on the verse “justice, justice, you shall pursue” (Deuteronomy 16:20), teaches that the disadvantaged should be given preference when all else is equal. The Rambam teaches that even if the disadvantaged arrive later than other people, they should be given precedence (Sanhedrin 21:6, Shulhan Arukh CM 15:2).
Thus, in a court of law, all parties are ideally treated equally, as we are guided by the Jewish value of din (judgment); today, however, justice does not prevail. Further, in activism we must favor the vulnerable, since we are guided by the Jewish value of chesed (empathy, loving kindness). In life, we must learn to balance all of our values: love, justice, mercy, etc. In justice, we do not just choose one guiding principle: As Isaiah Berlin teaches, moral life consists of embracing a plurality of values.
We must always be absolutely committed to the truth and be sure that our justice system is fair for all parties. Yet we also, as changemakers, have a special and holy role to give voice to the voiceless and to support the unsupported in society. This is the role of Jewish activism. The rabbis teach that “Even if a righteous person attacks a wicked person, G-d still sides with the victim” (Yalkut Shimoni). All people deserve our love and care but we must follow the path of G-d and make our allegiances clear: with the destitute, oppressed, alienated, and suffering.