Today in the United States, a number of congressional Democrats endorse proposals that would establish a job guarantee for all Americans seeking work. Within academia, much recent research providing an intellectual foundation for such proposals comes from economists writing about the need for government to serve as an “employer of last resort,” a notion often traced to the work of Hyman Minsky (1986).1 However, arguments for such a policy can be traced back much further: John R. Commons, a pioneer in institutional economics, wrote in favor of government jobs for the unemployed as early as the 1890s. This article demonstrates that there are actually three arguments in Commons’s writings that provide a case for government as employer of last resort. The first, which can Charles J. Whalen is a visiting scholar at the Baldy Center for Law and Social Policy, University at Buffalo (New York). This article is based on a paper presented at the annual meeting of the Association for Evolutionary Economics on January 4, 2020, in San Diego, California. The author thanks Hiroyuki Uni for an e-mail exchange that inspired the paper, and Linda Whalen for reviewing the manuscript. 1 For an example of that literature, see Tcherneva (2011). JOURNAL OF ECONOMIC ISSUES Volume LIV No. 2 June 2020 DOI 10.1080/00213624.2020.1752525 John R. Commons and Government as Employer of Last Resort: Three Paths to a Progressive Right to Work John R. Commons and Government as Employer of Last Resort 429 be called the legal path to the right to work, was offered by Commons at the beginning of his career. The second, the financial path, is rooted in work on money and business cycles that Commons undertook in the 1920s. The third, the historical path, can be pieced together by drawing on his Institutional Economics (Commons 1934a), published as Commons embarked on retirement and President Franklin Roosevelt grappled with the Great Depression. Each path is considered in turn, and a brief conclusion underscores the continuing relevance of Commons’s contributions. Securing Life and Liberty: Legal Path to the Right to Work In the United States, the “right to work” is associated most often with state laws that allow workers to refuse to join a labor organization or even pay fees to cover the cost of union representation. However, the term originally referred to a progressive call for the right to employment. In three early works, Commons (1893, 1899, 1900) presented the right to work as a logical extension of the right to life and liberty, which must be secured by government. A Bundle of Rights In those publications, Commons described the right to liberty as “a bundle of rights.” That bundle grants us freedom to do many things, including contract with others, leave one employer and work for another, and establish a new enterprise. The bundle evolves over time—evolving as society recognizes that conditions have changed. According to Commons, changes to the American economy in the second half of the nineteenth century threatened the right to life and liberty because wage labor had for many people become the only route to providing for one’s self and family, which left them in a weak bargaining position relative to employers and extraordinarily vulnerable during periods of joblessness. Thus, Commons argued that society’s bundle of rights must be updated to contain the right to work. That right would be defined and enforced by a web of laws aimed at unemployment prevention, unemployment compensation, and public employment—and the latter would include giving the unemployed the right “to have work furnished by the government” (Commons 1893, 81).2 The Next Great Human Right The thrust of Commons’s public employment recommendation was aimed at the loss of employment caused by business-cycle downturns. But he also suggested that public employment would be needed to help some displaced workers at all stages of the cycle. In addition, Commons saw public employment as a wage policy as well as an employment policy. Commons (1899, 141) wrote: “The right to employment would give laborers steady work throughout the year, and . . . abolish involuntary poverty among the able-bodied.” To summarize: the new bundle of rights Commons envisioned would expand the liberty of working people—by reducing coercion and capricious use of power in employment relations, by increasing employment security and economic security, by providing new economic opportunities, and by bolstering incomes. Taken as a whole, Commons (1893, 80–81) saw a web of laws establishing the right to work—“the next great human right.” Securing the right to life and liberty in this way is Commons’s legal path to the right to work. 2 For more on Common’s discussion of unemployment prevention, unemployment compensation, and public employment in his early essays, as well as a more detailed discussion of his legal path to the right to work, see Whalen (2019, 322–324). 430 Charles J. Whalen Taming Business Cycles: Financial Path to the Right to Work Between World War I and the start of the Great Depression, the American economy experienced several inflationary booms and deflationary busts with high unemployment.3 That decade is when Commons (1921, 1922, 1925a) came to see business cycles as the most important of all labor problems. His investigations produced a profit-margin theory of cycles and policy recommendations aimed at dampening and coping with such cycles. Those investigations are where we find his second argument in favor of government as employer of last resort—a financial path to the right to work. Commons on Business Cycles Commons’s cycle theory focuses on expectations, bank credit, and profit margins (Commons 1922, 19–20; 1934a, 508–589; 1937, 689; 1950, 255). He argued that the key to igniting a stalled economy is business confidence. If firms and bankers lack confidence, due to unfavorable profit forecasts, then the unemployed will not be put to work. In contrast, favorable profit forecasts encourage the banking system to create the new money that sparks a recovery by augmenting purchasing power and allowing firms to acquire labor, machinery, and materials. And since a recovery boosts confidence, expansions often evolve into booms. Unfortunately, profit expectations are fragile, Commons emphasized, so it’s easy for a boom to turn sour, causing the economy to stall.4 Commons preferred to prevent cyclical downturns rather than cope with them. Since he identified the credit policies of the banking system as a “fundamental cause” of business cycles, Commons sought to stabilize credit—that is, safeguard “the general credit situation” (Commons 1925a, 43; 1925b, 43). “Any improvement that looks to the prevention of unemployment must go back to the period of inflation and prevent the over-expansion that caused the unemployment,” wrote Commons (1922, 20). Commons believed unemployment insurance and monetary policy had important roles to play in preventing economic downturns. His unemployment insurance proposal was designed so employers would incur a financial liability for laying off workers (Commons 1922, 1934b, 198–199; Lewisohn et al. 1925, 188). Commons saw the liability as a factor that both employers and bankers would need to consider before allowing enterprises to expand. Thus, he believed firms would have an incentive to better regulate their growth and contraction. Meanwhile, Commons (1925b, 1927a, 1927b, 1929, 1982) wanted the Federal Reserve to use open-market operations, the discount rate, and moral suasion, to stabilize the average price level. That, he believed, was the most effective way to stabilize the general credit situation. However, Commons recognized that cycles could at best be tamed, not eliminated. “What is really meant by stabilization of prices,” he wrote, is the avoidance of “excessive peaks and slumps” (Commons 1925b, 45; 1934a, 557). Thus, the financial path to the right to work runs through Commons’s analysis of business cycles and the policy tools designed to dampen them and brings us to the need to cope with a downturn once it hits. Because Commons understood that it’s much easier for monetary policy to prevent an inflationary boom than to ignite a recovery and reduce joblessness in the face of low business confidence, he wrote that a more direct form of public action is needed during a recession or depression: 3 The National Bureau of Economic Research (2019) identifies four contractions in that period, one of which—between January 1920 and July 1921—is widely referred to as a depression. 4 For a further discussion of Commons’s cycle theory, see Whalen (1993). John R. Commons and Government as Employer of Last Resort 431 In order to create the consumer demand, on which business depends for sales, the government itself must create the new money and go completely over the head of the entire banking system by paying it out directly to the unemployed, either as relief or for construction of public works, as it does in times of war. (Commons 1934a, 589–590) Commons on Public Works Writing in the mid 1920s, Commons argued that public employment—in particular, public works—has a key role to play during an economic downturn. In 1925, for example, he joined a colleague and two business leaders to coauthor Can Business Prevent Unemployment? In their chapter on “Public Policies to Relieve Unemployment,” Commons and his collaborators argued: “There are large possibilities in the wise use of public works to alleviate unemployment” (Lewisohn et al. 1925, 150). The chapter demonstrates that cities and states accelerated public works in periods of depression at least since 1914—and that a bill was introduced before Congress in 1919 to create an Emergency Public Works Board, so that federal, state, and local agencies could cooperate in using public works to address unemployment after World War I. The chapter also approvingly cites the work of William Clark, a Canadian economist who drew on international research to stress the importance of countercyclical government spending for public works and advance planning to ensure such projects would be ready for use in downturns (Lewisohn et al. 1925, 121–125). The rest of the chapter by Commons and his colleagues (Lewisohn et al. 1925, 126– 151) reviews various public-works initiatives in America and abroad, highlighting lessons and challenges. For example, they maintain that public works must legitimately provide a public good or service (rather than charity in the form of a “make-work” job) and should avoid displacing employed workers by taking work from private employers: Public-works jobs should “permanently increase the wealth of the community, and be performed by labor employed in the ordinary way, i.e., on an efficiency basis and at current rates of wages.” For maximum program effectiveness, they also stress the importance of anticipating a downturn by giving preemptive attention to details of program administration: “Work must be planned in advance, places approved, contracts drawn, and everything ready.”5 Saving Capitalism: Historical Path to the Right to Work Commons’s third argument for having government serve as an employer of last resort, the historical path to the right to work, can be pieced together from his analysis of stages of economic history. To be sure, Commons left this path a bit incomplete, but the elements 5 Writing with his former student, John B. Andrews, Commons returned to the subject of public works in the opening chapter (on unemployment) of the 1936 edition of Principles of Labor Legislation (Commons and Andrews 1936). In a section on emergency public works, they conclude that although results of such work projects “have not always been gratifying, . . . the opinion has been growing that the flaws are not inherent, . . . [and] may be largely overcome by proper administration. Against the added cost [owing to inefficiencies], which may be a serious problem, must be placed the value of the work accomplished and also the human resources which are conserved and even improved” (Commons and Andrews 1936, 27–31). Another section of the chapter stresses the importance of labor-market information (such as current data on hirings and layoffs), which “would make possible intelligent action for the prevention and relief of unemployment through the systematic distribution of public work and the pushing of necessary projects when private industry’s demand for labor is low.” They conclude: “Public work would then act as a sponge, absorbing the reserves of labor in bad years and slack seasons, and setting them free again when the demand for them increases in private business” (Commons and Andrews 1936, 27). 432 Charles J. Whalen are there to fashion a historically grounded argument in addition to the legal and financial arguments outlined above. Commons’s discussion of stages of history is most fully developed in Institutional Economics, so that will be our focus. Scarcity, Abundance, and Stabilization In Institutional Economics, Commons (1934a, 773–788) divides economic history into three epochs: eras of scarcity, abundance, and stabilization.6 The era of scarcity, characterized by shortages of the material means of life and minimal individual liberty, extended from the earliest days of human civilization until the late eighteenth century. The era of abundance, a product of the industrial revolution and characterized by the rise of individualism and laissez-faire capitalism, lasted until the late nineteenth century. The era of stabilization followed, continuing to the present. In the era of stabilization, individual liberty is constrained (but may also be secured and enhanced) through collective action initiated by either the public or private sector. Such constraints emerged as a way to control economic booms and busts at the national level as well as to address labor-management disputes and other conflicts at the enterprise and industry levels. In the 1930s, stabilization took various forms across the globe: communism in Russia; fascism in Italy and Germany; and managed capitalism in the United States and England, owing to business combinations, industry-wide collective bargaining, and government regulation. In capitalist democracies, the shift to an era of stabilization was far from a settled matter—a point John Maynard Keynes recognized and stressed in a 1925 lecture based on material by Commons that was later included in Institutional Economics (see Whalen 2008). Keynes warned: “The transition from economic anarchy to a regime which deliberately aims at controlling and directing economic forces in the interests of social justice and social stability, will present enormous difficulties both technical and political.” The way forward was not clear: “We have to invent new wisdom for a new age,” wrote Keynes (1972, 305–306). Communism, Fascism, and Capitalism By the time Commons published Institutional Economics, the challenge of inventing new wisdom for the era of stabilization had become even more difficult—and the stakes were greater than ever. The Great Depression gripped the world economy, and communism and fascism were emerging as serious threats to capitalist nations. Commons (1934b, 143)—who believed in liberty and democracy and saw fascism and communism as incompatible with both—wanted to “save capitalism by making it good.” In 1934, however, Commons (1934a, 902–903) wasn’t convinced that his desired real-world outcome was a sure thing. The form of managed capitalism that existed at the start of the Great Depression is what Commons called “banker capitalism.” According to Commons (1934a, 773), investment bankers “arose out of their former intermittent activity in special flotations of securities of corporations and nations, into a dominant position in the consolidation of industries, the sale of foreign and domestic securities to the public, and the control of boards of directors.” But a huge problem remained: banker capitalism proved itself incapable of preventing an economic collapse. “In fact it appears that fluctuations of overproduction and unemployment are more extreme with large corporations than with little employers,” wrote Commons (1934, 896). 6 For an earlier, but less detailed, discussion of stages of history, see Commons (1925c). See also Commons (1934a, 876–903). John R. Commons and Government as Employer of Last Resort 433 The Great Depression also created a new problem for Commons and others interested in liberty and democracy. That’s because the crisis put even more power in the hands of bankers—namely, those in charge of the government’s Reconstruction Finance Corporation and, of course, central bankers. In the end, observed Commons (1934a, 773), the economic crisis meant that “bankers rise to new importance, and banker capitalism comes into control of industries and nations.” As a result of observing the expanding power of bankers as well as growing support for a national planning council to rationalize industry and stabilize output, Commons expressed concern that America might be on the road to fascism. It left him troubled. While Commons was deeply committed to liberty and democracy, he believed that large numbers of workers would not miss liberty and democracy as long as fascism or communism gave them the employment security that capitalism failed to deliver (Commons 1934a, 902–903). Employer of Last Resort as the New Wisdom Commons did not complete the argument for government as employer of last resort when discussing economic history in Institutional Economics. While a chapter does call for public works to put people to work during depressions, chapters dealing with economic history focus instead on the need for economic and political institutions to involve voluntary associations and give voice to a wide range of economic stakeholders (Commons 1934a, 876–903; see also Commons 1935). But Commons did provide a prominent discussion of the need for government job creation “in bad years and slack seasons” when updating Principles of Labor Legislation in 1936 (Commons and Andrews 1936, 27).7 Moreover, history completed the argument for him. It turns out that government as employer of last resort has, in practice, become an important part of the “new wisdom” of the stabilization era. In the years following publication of Institutional Economics, the United States (and other industrial democracies) avoided fascism and communism by finding another way forward. In the face of economic downturns, countercyclical macroeconomic policies have been used to moderate recessions. And when downturns have been particularly severe, the federal government has indeed furnished work for at least some of the unemployed.8 The approach that has emerged is not nearly as thoroughgoing as what Commons envisioned in his writings on public works and government job creation, nor is it as ambitious as what Commons advocated when he called for workers to have the legal right to such employment, but it does represent a step in that direction. Conclusion: Reclaiming the Right to Work This article has identified three arguments in Commons that provide a case for government to serve as employer of last resort. The legal path navigates through the right to life and liberty. The financial path makes its way via a profit-margin theory of cycles. And the historical path traverses a series of economic stages and threads the needle between fascism and communism. But these are not just paths. Each provides insight with contemporary relevance. The legal discussion highlights the often overlooked problem of economic coercion. The financial discussion leads to a still pertinent analysis of how public-works employment can be made 7 For some discussion of Commons and Andrews (1936), see note 5 above. 8 For a discussion of countercyclical job creation in the United States, see Levine (2003); Congressional Research Service (2010); and Whalen (2019, 13–28). 434 Charles J. Whalen most effective. And the historical discussion reminds us of the fragile nature of democratic capitalism. Since joblessness—the threat of it as well as the reality—remains among the most serious of all labor problems, the survival of liberty and democratic capitalism may continue to depend on our ability to provide public employment to those willing but unable to find work.9 It’s been more than a century since Commons outlined the right to work as a bundle of liberties that should include the right of the unemployed to have work furnished by the government. Yet unemployment remains an outstanding defect of capitalism, and important lessons from Commons’s scholarship remain to be learned and used as a foundation for public policy. The work of saving capitalism “by making it good” continues. It’s time to rediscover Commons’s arguments and build on them to reclaim the right to work as a progressive cause.