For a "Bill of Rights" Package in Every State, County, and City

The fight against MAGA begins locally.

Written by Alyaza B.

Introduction

For at least the next two years, the Republican Party will have near-complete control of the federal government. On issues of relevance to socialists, there will be no moving the party and its politicians—more likely, they will challenge the ability of left-wing organizations such as ours to exist in the first place—and so we should not waste time assuming otherwise. But if the federal level is largely a write-off, that only enhances the need to prioritize struggle at the state and local levels in the coming years.

It is certain that Republicans will attempt to curtail some civil rights—most likely from transgender and gender nonconforming people and undocumented immigrants first. Attacks on organizations like our own are probable, as are attempts to restrict freedom of speech and crack down on freedom of assembly. Far-right terrorists will be pardoned and made into martyrs. The already-precarious welfare state will be slashed once again, disproportionately harming working-class Americans. Regulations will be repealed en masse, be they environmental protections, public health measures, or food quality guidelines. Clean energy will be punished; efforts to subsidize coal and natural gas will ramp up again; and the privatization of public land will be commonplace. Unions will face a hostile government and potential federal-level gutting. At the extreme end of everything, an outright subversion of democracy and a descent into Orbánism is not impossible. The suffering, in short, will be substantial.

The strongest line of defense against these changes will be state- and local-level officials, and the extent to which they comply with or resist them. Those whose elected officials obey in advance—or, worse, are actively complicit in such rollbacks—will feel policy rollbacks first. But everyone is likely to feel something before long, in no small part because of the weakness of the Democratic Party. We know many Democratic politicians will roll over quickly or eventually comply with the Trump administration. But even those who do not will serve only to co-opt political discontent and channel it back into dead-end liberal politics. This cannot be allowed to happen. For this reason, we propose that socialist elected officials preempt liberals by introducing and running on “bills of rights” packages in their respective polities. These would consist of currently absent state- or local-level policies and protections, particularly those that are likely to federally disappear under the incoming Trump administration.

Why a “Bill of Rights” package?

In our view this is the best way for socialists to set the political agenda and define the tenor of conversation in Democratic-governed states (and blue dots in Republican-governed states). Few (if any) states are prepared for the coming changes to federal policy—many explicitly depend on supportive federal agencies to enact progressive policy, and ‘good judges’ at the state and federal levels to enforce them. Regulations for sexual misconduct in public schools and universities are largely the domain of the Department of Education; and environmental regulations largely tail what courts allow the Environmental Protection Agency to do. Only recently have efforts to repeal state level ‘right to work laws’ picked up steam, but labor law beyond that mostly follows NLRB rulings. Democratic trifectas, for their part, have been slow to address the possibility of a second Trump presidency and a hostile judiciary. Now a second Trump presidency looms, and the Democratic base is unusually discontented and searching for answers their party will be in little position to provide. 

We therefore have the unique prospect of preempting the Democratic Party’s narrow horizons for how to resist the Trump administration and of foregrounding socialist demands instead of tepid liberal reforms. But this is only possible if our elected officials adopt a shared, consistent framework of policies to demand; an inconsistent strategy is not much of a strategy at all. It is also only possible in the immediate term through legislation—or ballot measures, which is the more practical option. Protest will not move Republicans, as noted above, and we cannot depend on the judiciary to protect anything with consistency. Other mechanisms through which change is usually accomplished would in this context be impractical at best and illegal at worst.

What our “Bill of Rights” should look like

In practice, this “Bill of Rights” will vary by state or city; beyond existing asymmetries in laws, socialist political strength will mean some of our officials have more political capital to throw around than others. Nevertheless, we offer, as a baseline, the following policies for chapters and their elected officials to take up and adapt to their local circumstances. We consider these the most immediately productive legislative reforms that chapters can rally around and hold their elected officials to introducing and passing; we also provide a brief description of each policy and why we believe socialists ought to run on it:

Protecting civil rights

With existing federal anti-discrimination and equality protections certain to be gutted, we believe our socialist elected officials should move swiftly to rectify existing gaps in their own state constitutions and local laws. Key among these should be protections for queer people (particularly transgender and gender-nonconforming people) and immigrants (particularly undocumented immigrants); additionally, opposition to state and federal policing is vital. We would start with the following bills:

1. Nondiscrimination:

   1. Equality amendment to the state constitution – S1268 (2021). This New York amendment would establish that “No person shall be denied equal rights under the laws of this state or any subdivision thereof based on that person's race, color, ethnicity, national origin, disability, or sex including pregnancy and pregnancy outcomes, sexual orientation, gender identity, and gender expression.” We consider this a good template for enshrining protected classes into state or local law; additional classes may obviously be added or removed depending on which classes are already protected by a given polity.

   2. Citywide nondiscrimination ordinance in Asheville NC. This ordinance covers “any difference in treatment based on race, natural hair, hair texture, or hairstyles (including, but not limited to, such hairstyles as bantu knots, braids, locks, and twists), ethnicity, creed, color, sex, sexual orientation, gender identity or expression, national origin or ancestry, marital or familial status, pregnancy, veteran status, religious belief or non-belief, age, or disability.” We believe this is another good template, especially at the local level and in otherwise hostile states, for enshrining protected classes into law; as the Asheville City Council observes, it took this action immediately following North Carolina allowing local regulation of private employment practices and public accommodations. Ordinances such as this allow for local recourse against discrimination; provide resistance to state-level discriminatory policy; and create the bedrock on which existing discriminatory policies can be challenged.

2. Reproductive rights:

   1. Reproductive Health Equity Act – HB22-1279 (2022). This Colorado bill “declares that every individual has a fundamental right to use or refuse contraception; every pregnant individual has a fundamental right to continue the pregnancy and give birth or to have an abortion; and a fertilized egg, embryo, or fetus does not have independent or derivative rights under the laws of the state.” In line with our political platform, we believe an explicit declaration of this sort is the best—and perhaps only—way to prevent any degree of backsliding on the subject of abortion. In the particular case of Colorado, it also helps enshrine what is perhaps the most socially liberal set of abortion laws in the United States. There is, therefore, good reason to believe this constitutes workable language in other states.

   2. No arrests for abortions, and no cooperation with abortion investigations S8778 / A9615 (2021). This New York bill proposes that “a police officer may not arrest any person for performing or aiding in the performance of an abortion within this state, or in procuring an abortion in this state, if the abortion is performed in accordance with the public health law or any other applicable law of this state. No state or local law enforcement agency shall cooperate with or provide information to any, individual or out-of-state agency or department regarding the provision of a lawful abortion performed in this state.” Given the likelihood of state and federal police being deputized to enforce regressive policies, we believe this is a bare minimum policy obliged by the circumstances and the DSA platform. We do acknowledge that bills of this nature are unlikely to be perfect in preventing efforts to criminalize abortion care, but their adoption will at least provide friction and a level of recourse against these efforts.

3. LGBTQ+ rights

   1. Gender Recognition Act — S4402B / A5465 (2021). This New York law “[Updated] current law to remove excess, discriminatory burdens placed on those petitioning for a change in sex designation as well as to expand eligibility to have those records sealed for purposes of protection. New York law previously required that applicants for name changes publish their present name and address as well as their previous name, place of birth, and birth date in a designated newspaper.” Comparatively little attention has been given to the social aspect of transitioning, even though it is arguably as important as protecting gender-affirming care. We believe this bill is a good baseline for that purpose. We also believe it is good policy to make it easier for transgender and gender nonconforming people to exist in society, and this would do that if adopted at scale.

   2. Implementing the Dignity for All Students Act — S369 / A840 (2021). The Implementing the Dignity for All Students Act would, among other things, “ensure that schools and school employees treat students consistently with their gender identity or expression, including using pronouns and names consistent with the student's gender identity or expression; allow students to participate in sex-segregated activities and access sex-segregated facilities in manner consistent with the student's gender identity or expression; and protect students' privacy related to their transgender or gender nonconforming status.” As transgender and gender-nonconforming children are subjected to particularly vicious attacks and efforts to roll back their civil rights, we must redouble our efforts to guarantee and codify those rights. Far too frequently, individual school boards and educational institutions are given the ability to remain discriminatory; bills such as this one would make that much more difficult, and generally punishable by law.

4. Defending undocumented Americans:

   1. Rhode Island Sanctuary State Act – S2150 (2022). The Rhode Island Sanctuary State Act “designates Rhode Island as a Sanctuary State and prohibits law enforcement from cooperating with federal immigration authorities.” We believe this is the bare minimum response obliged by the proposed deportation of (at least) thirteen million immigrants. The sanctuary polity approach should also be considered for people seeking abortions and queer people fleeing persecution. A good model for a bill covering these groups would be Colorado SB 23-188, which simultaneously protects both.

   2. New York for All Act – S3076B / A2328 (2021). This New York bill “prohibits and regulates the discovery and disclosure of immigration status.” It also “prohibits police officers, peace officers, school resource officers, probation agencies, state entities, state employees, and municipal corporations from questioning individuals regarding their citizenship or immigration status, and regulates the disclosure of information relating to immigration status.” As succinctly put by the New York Socialists in Office: “It is not the job of New York’s police, courts, jails, prisons, or other state or local agencies to assist the federal government in immigration enforcement.” This is particularly so when thirteen million people are at immediate risk of deportation if these agencies comply. In conjunction with sanctuary policies, we believe this should serve as the legislative floor for socialist resistance to the Trump administration’s immigration policy.

   3. New York Dignity Not Detention Act -- S7373 / A7099 (2021). The New York Dignity Not Detention Act “prohibits governmental entities from entering into agreements to house individuals in immigration detention facilities and requires governmental entities to terminate existing contracts for the detention of individuals in immigration detention facilities.” As called for in our political platform there should be no collaboration with Immigration and Customs Enforcement (ICE). This bill would target the most immediate form of collaboration by prohibiting renewal or continuation of existing immigration detention contracts, and preventing new contracts of that sort from being entered into.

   4. Access to Representation Act – S81A / A1961 (2021). Finally, the Access to Representation Act from New York “Establishes the right to legal counsel in immigration court proceedings; provides for the administration thereof.” We believe that all immigrants have and deserve an unconditional right to legal counsel when immigration proceedings are brought against them.

5. Reducing the power of the police:

   1. Ending qualified immunity S1991A / A4331 (2021). This bill “ends the defense of qualified immunity for law enforcement when they deprive the rights of New Yorkers as well as provide a state cause of action that may be brought by injured individuals and the Attorney General.” Simply put: we believe police abuse qualified immunity, so they should no longer benefit from it.

   2. No transfer of federal military equipment to state and local police S2099 / A5419 (2021) and No use of the 1033 federal excess property program for state and local police S1134 / A2535 (2021). These two bills collectively  “[prohibit] any member, officer, chief, or other employee of the division of state police or of any local or municipal police department from accepting military surplus equipment from the federal government.” and “[prohibit] any local police department, county sheriff's office, the division of the state police or any agency that employs a peace officer in this state from participating in the 1033 federal excess property program for the purposes of receiving lethal or offensive weapons.” respectively. While we are aware that police militarization does not begin or end with these programs, under no circumstance should police be equipped with federal military equipment or allowed to participate in the 1033 program (or any comparable federal programs). This is one visible step that can be taken toward actually demilitarizing the police.

   3. Prohibition on police use of chemical-based weapons against citizens S809 (2021) and Limitations on police use of pepper-spray A6568 (2021). These two bills collectively establish that “no law enforcement agency shall use a chemical incapacitant such as tear gas, with the exception of pepper spray, for a purpose such as crowd control.” and that “police officers may not intentionally or recklessly use pepper spray on an individual who is not being lawfully arrested.” In the coming years repression of protest movements is nearly certain, and a ubiquitous symbol of this repression will be the deployment of chemical-based weapons. These are almost totally unregulated in when and how they can be used—for a variety of reasons socialists should overturn this status quo. We are, of course, aware that even if these are adopted, police are likely to contravene them. But adoption would provide at least some recourse for those affected.

   4. Remove police discipline from collective bargaining S4434 / A1278 (2021). Finally, this bill clarifies “that police discipline procedures in the State of New York are a prohibited subject of collective bargaining.” If police must be allowed to collectively bargain, it follows simply that they should not be allowed to negotiate the procedures of their discipline.

Better economic policies

Our organizational statement on the 2024 presidential election asserts that “Donald Trump was elected president because of the Democratic Party establishment’s failure to present a credible alternative to the right wing. […] [they have] shown a complete lack of conviction to deliver a better quality of life for working people.” We obviously agree; liberal economic policy is part of the problem. But socialists too frequently lean on economic platitudes rather than concrete policies of our own. If we are to clearly separate ourselves from the failures of the Democratic Party, we will need to actually lead by example. For this reason, we believe socialists should double down on and fight for the following economic policies:

1. Progressive Taxation – S2622 / A3115 (2023). This New York bill increases state tax revenues and reduces economic inequality by creating a fair and progressive personal income tax. Taxation reform is an essential component of waging class struggle legislatively: the vast majority of state tax laws are regressive, with working class families paying more (as a percent of income) than the rich. Progressive taxation also provides a mechanism through which to finance a durable and visible social safety net.

2. New York Health Act (NYHA) — S7590 / A7897 (2023), Rhode Island Comprehensive Health Insurance Program (RICHIP) — S 0572 (2023), and Minnesota Health Plan – HF 1774 / SF 1643 (2021). Each of these bills would establish universal, single-payer healthcare systems in their respective states. Our platform is clear: no one should benefit from the health or sickness of another person. Healthcare is a right, not a privilege; healthcare should be a universal good, not a commodity; and healthcare should not be the basis for private profit. Until Medicare for All can be federally won, the next best thing is for state-level adoption of universal healthcare—after all, it was the successful introduction of provincial-level universal healthcare that led Canada to adopt its modern, countrywide universal healthcare system.

3. Paid Family and Medical Leave Act – HF 2 / SF 2 (2023). This Minnesota bill would provide for, among other things,”paid family, bonding, and applicant's serious medical condition benefits”—in other words, paid family and medical leave. We believe paid leave should be available to everyone, not merely those lucky enough to meet certain income restrictions, work for ‘benevolent’ bosses, or have good representatives in collective bargaining.

4. Universal Child Care Act – S3245 / A4815 (2023). This New York bill “provide[s] for the establishment and funding of universal child care in the state of New York.” With childcare becoming unaffordable for working class families, it is imperative we fulfill our platform’s call for free, universal, high-quality childcare. According to Pew Research, “In a given county, the median cost per child for paid care in 2018 was anywhere from 8.0% to 19.3% of the median household income in that county.” By 2022, nearly four-in-ten low-income families reported difficulty paying for childcare. Market solutions will not fix this—but universal, government-funded childcare can.

5. Universal Free School Meals Amendment Act of 2023 – B25-0035 (2023). This District of Columbia bill “provides for universal free school meals and after school snacks to public school, public charter school, and participating private school students in the District of Columbia.” In principle, no student should ever go hungry. Moreover—and as this bill’s associated memo notes—“students who receive free school meals have shown improved academic achievement, experienced lower obesity rates, consumed more fruits and vegetables, lowered risk of behavioral issues, and experienced reduced nutrition deficiencies.” There are no downsides to universal free school meals.

Revitalizing organized labor

As Hamilton Nolan says in his newsletter How Things Work: to unfuck politics, create more union members. With it now being very likely the Trump administration and/or Supreme Court will gut the National Labor Relations Board (NLRB) and foundational labor law, it is imperative that we rebuild organized labor and make labor law an arena of state and local struggle. In doing so, we must also take a flexible stance: we should be ready to defensively exploit the "law of the jungle"—solidarity strikes, sit-down actions, and sabotage—if the need arises, but simultaneously should use this moment to offensively fight for a Labor Bill of Rights or a Clean Slate for Worker Power. The National Labor Relations Act is a constraining, flawed document, and if it is gutted we should not merely settle for replacing it at the state level or restoring it at the national level. To this end, we suggest the following policies for immediate adoption:

6. Universal Right to Strike – S903 / A906 (2023), This bill from New York would “Add "strike" to an employee's rights under section 17 of article 1 of the New York state constitution.” In the words of bill sponsor Jabari Brisport, “to deny any worker the right to withhold his or her labor is to deny employees use of the tool by which our society has become more just and humane.” All workers—public and private sector—should have a right to strike, and this should be protected by their state’s constitution.

7. SWEAT Act — S1977 / A46 (2023). This New York bill would allow employees to “hold shareholders of non-publicly traded corporations personally liable for wage theft” and “creates a right for victims of wage theft to hold the ten members with the largest ownership interests in a company personally liable for wage theft.” As observed by the New York Socialists in Office, “getting a court order or judgment against a boss is often only the first step in getting relief for workers. And that is if a worker is lucky enough to even get a final judgment after years of litigation.” This bill would all but guarantee workers are paid when their wage theft claims succeed by broadening the scope of assets they can seize.

We also suggest—to the extent that it is practical at the state level—socialists work to enact various suggestions put forward by the Clean Slate for Worker Power, including but not limited to the following reforms:

8. Changes to who is covered by labor law:

   1. Adopting the far more protective ABC test (employer must prove that it does not exert control over the workers; that the work performed is outside the usual scope of the employer’s business; and that the worker is engaged in an independent trade, occupation, or business) for defining independent contractor status; and

   2. Extending labor law coverage to independent contractors.

9. Changes to how/in what ways unions can organize and garner support:

   1. Giving unions the discretion to decide which workers they want to organize—either within the worksite, across the worksite or throughout the enterprise;

   2. Allowing demonstration of support for worker organizations based on cards or petitions, either physical or digital; and

   3. Allowing union organizers access to workplaces and email systems upon showing of 25 percent support.

10. New restrictions on employers and how they can respond to unions:

    1. Banning employers from permanently replacing workers who go out on strike;

    2. Empowering workers to bring community groups to the bargaining table;

    3. Barring employers from unilaterally imposing contract terms on workers and allow workers to opt for interest arbitration when bargaining is at an impasse

    4. Increasing employer penalties for intervening in organizing campaigns, including making punitive damages available; and

    5. Giving workers the right to bargain when employers interfere with the fairness of organizing efforts.

11. Strengthening union contract negotiations and strike funds:

    1. Expanding the range of collective bargaining subjects to include any subjects that are important to workers and over which employers have control, including decisions about the basic direction of the firm and employers’ impact on communities and our shared environment; and

    2. Creating more support for strikers, including establishing tax-deductible status for strike funds and extending unemployment insurance for strikers.

Reforming politics

1. Ban campaign contributions by corporations S4070 / A7826 (2021), This New York bill would “ban corporations, limited liability companies, limited liability partnerships, and partnerships from making contributions to political campaigns.” While we cannot currently overturn precedents like Buckley v. Valeo (1976) and Citizens United v. FEC (2010), we can still take steps toward a more equitable campaign finance system at the state level. Banning campaign contributions will help limit the extent to which elections can be bought; regulations such as this can also deter politicians from seeking deep-pocketed donors.

Addressing the climate crisis

1. Build Public Renewables Act – S4134 (2023). The landmark Build Public Renewables Act currently “enables the New York Power Authority (NYPA) to own and build new renewable energy generation, storage, and transmission; to provide renewable energy to all State owned property by 2030 and municipal property by 2035; and lay the groundwork for the 100% renewable, democratically controlled, publicly owned energy system New York needs in order to meet the goals of the landmark Climate Leadership and Community Protection Act and lead the nation on climate.” Liberal politics will not deliver the necessary social changes for a green economy nor will they save our planet’s climate. As Tad DeLay puts it, “At best, capitalist climate governance delivers a limited legal and market architecture for transition. At worst, it’s a haven for bad actors to greenwash accumulation.” In the absence of a federal Green New Deal-type program, we must pursue (and build off of) state-level measures such as the Build Public Renewables Act.

2. Constitutional amendment - environmental rights HB0596 (2022). Finally, this Maryland bill would “[propose] an amendment to the Constitution of Maryland to establish that every person has the fundamental and inalienable right to a healthful and sustainable environment; and requiring the State to serve as the trustee of the State's natural resources, including the air, land, water, wildlife, and ecosystems of the State, and to conserve, protect, and enhance the State's natural resources for the benefit of every person, including present and future generations.” With the federal government likely to give up on environmental protection, states will have to take its place. Unambiguous state-level constitutional protection of the environment is a good first step, particularly if such an amendment can be backed up with meaningful enforcement. 

Conclusion

Over the next two years, our collective safety, existing democracy, and constitutional rights will hinge on our ability to win policy battles and to mainstream our political positions. We know liberals do not have the answers and will capitulate to or co-opt the moment; we know that there is widespread political discontent with the existing political system and the capitalist duopoly to be harnessed; and we demonstrably have political power—however small that power is—to throw around. The moment demands that our organization take every action within its power, and we believe that our proposed strategy provides the best plan of action for our elected officials.

If you share this belief: spread the word, and start the work. Share this article with your friends, chapter members, caucus mates, and fellow travelers; start discussions in your chapter’s electoral working group; and begin coordinating with your chapter’s elected officials. The next two months provide us with a real opportunity—but only if we are prepared to seize it.

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