E-mail:
Jack Balkin: jackbalkin at yahoo.com
Bruce Ackerman bruce.ackerman at yale.edu
Ian Ayres ian.ayres at yale.edu
Corey Brettschneider corey_brettschneider at brown.edu
Mary Dudziak mary.l.dudziak at emory.edu
Joey Fishkin joey.fishkin at gmail.com
Heather Gerken heather.gerken at yale.edu
Abbe Gluck abbe.gluck at yale.edu
Mark Graber mgraber at law.umaryland.edu
Stephen Griffin sgriffin at tulane.edu
Jonathan Hafetz jonathan.hafetz at shu.edu
Jeremy Kessler jkessler at law.columbia.edu
Andrew Koppelman akoppelman at law.northwestern.edu
Marty Lederman msl46 at law.georgetown.edu
Sanford Levinson slevinson at law.utexas.edu
David Luban david.luban at gmail.com
Gerard Magliocca gmaglioc at iupui.edu
Jason Mazzone mazzonej at illinois.edu
Linda McClain lmcclain at bu.edu
John Mikhail mikhail at law.georgetown.edu
Frank Pasquale pasquale.frank at gmail.com
Nate Persily npersily at gmail.com
Michael Stokes Paulsen michaelstokespaulsen at gmail.com
Deborah Pearlstein dpearlst at yu.edu
Rick Pildes rick.pildes at nyu.edu
David Pozen dpozen at law.columbia.edu
Richard Primus raprimus at umich.edu
K. Sabeel Rahmansabeel.rahman at brooklaw.edu
Alice Ristroph alice.ristroph at shu.edu
Neil Siegel siegel at law.duke.edu
David Super david.super at law.georgetown.edu
Brian Tamanaha btamanaha at wulaw.wustl.edu
Nelson Tebbe nelson.tebbe at brooklaw.edu
Mark Tushnet mtushnet at law.harvard.edu
Adam Winkler winkler at ucla.edu
In this chaotic and destructive era of American history,
John Fabian Witt’s The Radical Fund: How a Band of Visionaries and a Million
Dollars Upended America is something of a salve. Written more in the form
of a novel than a traditional history book, the narrative follows the lives of
brilliant idealists who sought to realize their expansive visions of social
change. Their accomplishments expanded civil rights and free speech and changed
American history.Witt’s great command
of the history of U.S. reform efforts coupled with his envious narrative power
make the book a compelling read.
The spark for these reformers’ efforts was money: the unwanted
inheritance of Charles Garland, who did not believe in inherited wealth. The visionaries
who made decisions about what the Garland Fund would support, and the ones who put
the money to use were an important cast of characters in the history of social
change in the twentieth century United States. In Witt’s hands, the Fund’s
history is a narrative device that weaves their stories together.
A great contribution of the book is that it brings a
broader audience to important figures like James Weldon Johnson and the early
days of the NAACP, A. Phillip Randolph’s leadership of the Brotherhood of
Sleeping Car Porters, Roger Baldwin’s work in founding the American Civil
Liberties Union, Elizabeth Gurley Flynn’s labor and free speech activism, and
others. Their stories make the book compelling, even though centering Witt’s
social change story on the Fund limits the cast of characters, and thereby the
focus of reform. If only Alice
Paul, the fearsome woman suffrage leader and ERA proponent, had been in that
circle. Neither does it allow for close examination
of how the Garland Fund’s impact intersects with other causal forces across decades
of American history, like the rise of the United States as a world power.[1]
Witt does engage critics of his methodology who employ different approaches to
civil rights history, but only briefly in the epilogue.[2]
(This is, of course, common practice in a trade press book.)
By centering wealth, The Radical Fund raises an
important question for our own day: if money was a crucial causal force in a
tremendously important era of social change in U.S. history, might this mean
that wealth matters most in attempts to tackle the crises of our own age? Witt
suggests this point in his very last line: "The opportunity presents
itself once more.”[3]
Witt’s parting words might give some readers hope. Might
our generation’s wealthy oligarchs be inspired to follow Garland’s path and
give away both the money and control over the social change vision it could
enable? After all, some of our youngish billionaires have created important charitable foundations. Witt
provides a warning, however, that those who attain power and influence often
use it for their own advancement. His example is Felix Frankfurter, a brilliant
immigrant who became an insider and eventually rose to a seat on the U.S.
Supreme Court.[4]
Witt writes: “Where the men and women of the Fund’s board fought to remake the
world root and branch, the ambitious Frankfurter pruned its limbs to climb its
heights.”[5]
The social justice vision of some contemporary billionaires
might be seen in The
Giving Pledge, founded in 2010 by Bill Gates, Melinda French Gates, and
Warren Buffett. According to its
website, the pledge “is a promise by the world’s wealthiest philanthropists
to give the majority of their wealth to charitable causes in their lifetime or
wills.” Those who have pledged certainly have big ideas and plans. Among them
is Mark
Zukerburg. He has pledged to give 99% of his wealth to charities during his
lifetime. With his wife Priscilla Chan, he has created the Chan Zuckerberg Initiative
through which they intend to donate three billion dollars to over the next ten
years. Its focus is “education reform, biomedical advancements, immigration
reform and housing affordability, improving the education system, global
development, health and criminal justice systems policy.” It is, in essence,
their Garland Fund.
Zukerburg’s charitable giving is important, but his spending
priorities and his values might be best revealed by another project: a
massive compound in Hawai’i with a huge underground bunker – perhaps to
save himself and his family if (when?) the rest of humanity suffers a
catastrophe. Do we want billionaires like this to be the social justice
visionaries of our own age?
A man named Charles
F. Feeney may be a better example. Born into a working-class family that
struggled through the Great Depression, he started a duty-free shopping
business that went global and amassed a fortune of at least $8 billion dollars.
He was a bit Garland-like. Feeney eventually grew unhappy with his opulent
lifestyle and wondered whether he had a right to be so rich. “I just reached
the conclusion with myself that money, buying boats and all the trimmings
didn’t appeal to me,” he told his biographer, Conor O’Clery.Feeney gave the vast bulk of his fortune
away, doing it secretly, without the usual recognition. His wealth accomplished
much, but its quiet dispersal lacked the kind of plan and organizational
infrastructure that the Garland Fund developed.[6]
Does a democratic society want our current billionaires to shape
a vision for a just society, and carry it out with the effectiveness of Garland
and his gang, when at least some of them are taking concrete steps to save
themselves if the rest of the world is about to perish? Of course not. Democracy
may be in peril, but it is too important to give up on. Instead, the United
States and the world would benefit from the kind of transformative power driven
by an aspect of twentieth century reform efforts that coincided with and followed
after the Garland Fund’s history. Grassroots mobilizing in the civil rights
movement fueled social change that has endured for decades and was a central
part of the alchemy of the civil rights era. Pressure from below shaped public
opinion and impacted the incentives for presidents and members of Congress. The
resulting reforms may be under assault, but that history is a powerful example
of reform through democracy. A similar lesson from the massive antiwar
demonstrations in the later years of the U.S. war in Vietnam is that the people
can speak loudly enough that their leaders have no choice but to listen.[7]
As good as The
Radical Fund is, it would be best if its history is not a template for the
current generation of the wealthy. Instead, we need more people like Charles
Feeney whose mission was to do good by giving it all away without a master
plan. And for restoring American democracy itself, we should remember the
broader lessons of the civil rights movement. Mass mobilization is not lost to
history, as we can see on street corners around the country on No Kings Day.
Mary L. Dudziak is the Asa Griggs Candler
Professor of Law at Emory University School of Law. You can reach her at
mary.dudziak@emory.edu.
[7] In
the later years of the war in Vietnam, massive U.S. demonstrations created
incentives for de-escalation and affected the military decisions President
Richard Nixon believed he could make. SeeCarolyn Woods Eisenberg, Fire and Rain: Nixon, Kissinger, and the
Wars in Southeast Asia (2023). This reinforces the importance of an
engaged and informed polity. Unfortunately, in the war powers context this era
did not lead to enduring reforms. This complicated story will be told in my
book Going to War: An American History
(under contract, Oxford University Press). A very short version appears in Mary
L. Dudziak, How Law, History, and Culture Enabled Perpetual War, in Brianna Rosen, ed., Perpetual War and
International Law: Enduring Legacies of the War on Terror (2025).