Labor Line

November 2025_________________________ 

Labor line has job news and commentary with a one stop short cut for America’s job markets and job related data including the latest data from the Bureau of Labor Statistics. 

This month's job and employment summary data are below and this month's inflation data is below that. 

The latest blog entry The Trump Recession Watch

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The BLS Establishment Job Report with data released November 20, 2025.

 Current Job and Employment Data From the Bureau of Labor Statistics

Jobs

Total Non-Farm Establishment Jobs up 119,000 to 159,626,000

Total Private Jobs up 97,000 to 136,028,000

Total Government Employment up 22,000 to 23,598,000 Note 

Civilian Non-Institutional Population up 225 thousand to 274,226,000

Civilian Labor Force up 470 thousand to 171,248,000

Employed up 251 thousand to 163,645,000

Employed Men down 236 thousand to 86,650,000

Employed Women up 486 thousand to 76,994,000

Unemployed up 219 thousand to 7,603,000

Not in the Labor Force down 245 thousand to 102,978,000

Unemployment Rate went up .1% to 4.4% 7,603/171,248

Labor Force Participation Rate went up .1% to 62.4%, or 171,248/274,226

Prices and inflation measured by the Consumer Price Index (CPI) for all Urban Consumers was up by a monthly average of 2.9 percent for 2024. 

The CPI October report for the 12 months ending with September shows the 

CPI for All Items was up 3.0% 

CPI for Food and Beverages was up 3.0% 

CPI for Housing was up 3.9% 

CPI for Apparel was down .1% 

CPI for Transportation including gasoline was up 1.7% 

CPI for Medical Care was up 3.3% 

CPI for Recreation was up 3.0% 

CPI for Education was up 3.1% 

CPI for Communication was down 1.7% 

This Month’s Establishment Jobs Press Report

BETTER LATE THAN NEVER

The Bureau of Labor Statistics(BLS) published its October report on November 20, 2025 for jobs in September. The report was almost seven weeks late. Since the report was within a day or two of release when the Trump administration shut it down, it seems reasonable to assume it is as accurate as it would have been, but still too late to be current. BLS reports it will publish a November report December 16, 2025.

The civilian population increased by 226 thousand in September and 245 thousand returned to the labor force. The combination of population increasing and those returning to the labor force increased the labor force by 470 thousand. Only 251 thousand of the increase found employment, while the remaining 219 thousand did not find work, and remained unemployed. The large increase in the unemployed and moderate increase in the employed combined to increase the unemployment rate .1% to 4.4%. The participation rate increased .1% to 62.4 percent.

The seasonally adjusted total of establishment employment was up 119 thousand for September. The increase was 87 thousand more jobs in the private service sector combined with an increase of 10 thousand jobs from goods production. The total of 97 thousand jobs gained in the private sector combined with a(n) increase of 22 thousand government service jobs accounts for the total increase.

Goods production decreased by 10 thousand jobs. Natural resources dropped 6 thousand jobs again for a second month. In construction, residential specialty trade contractors and construction of buildings both recovered after last month’s job losses, adding 14.5 thousand jobs; heavy and engineering construction had 4.9 thousand new jobs for a 19.4 thousand job increase in construction. Manufacturing lost 6 thousand jobs. Durable goods employment dropped 4 thousand jobs with transportation equipment manufacturing down 2.4 thousand of the jobs; no durable goods manufacturing sub sectors did well. Non-durable goods production was down 2 thousand jobs. Plastic and rubber product manufacturing lost 3.5 thousand jobs after last month’s increase and beverage, tobacco and leather products manufacturing added 3.3 thousand new jobs among other small gains and losses.

Government service employment increased a net of 22 thousand jobs with the federal government employment down 3 thousand jobs. State government jobs was up 16 thousand while local government added 9 thousand jobs. State and local government jobs excluding education increased 8.3 thousand; state public education was up 11.0 thousand jobs, local government education was up 5.2 thousand jobs. Private sector education added 1.8 thousand seasonally adjusted jobs, which brings the total of education to an increase of 18 thousand jobs.

Health care took first place again for private service sector job gains with 57 thousand new jobs, up from last month but still lower than normal increases. All four of the health care subsectors did have more jobs with ambulatory care adding 23.3 thousand jobs; hospitals added 16.4 thousand jobs; nursing and residential care had a modest increase of 3.1 thousand jobs. Social assistance services added a net of 14.3 thousand jobs because individual and family services had 19.6 thousand new jobs offset by a decline of jobs in vocational rehabilitation and child care services. The growth rate for health care was down from last month to 2.92 percent, above the average of 2.24 percent per month of the last 15 years. For the last two months health care has had more than 100 percent of job totals; the second time in 28 years of Labor Line.

Leisure and hospitality added 47 thousand jobs, better than last month. Arts, entertainment and recreation had 12.7 thousand of the jobs with performing arts and spectator sports had 8.7 thousand of these jobs. Accommodations and restaurants adding a net of 34.2 thousand more jobs. Restaurants had 36.5 thousand jobs, better than recent months while accommodations lost 2.3 thousand jobs.

Trade, transportation and utilities had a net loss of 2 thousand jobs even though wholesale trade and retail trade had more jobs: wholesale up 9.4 thousand and retail up 13.9 thousand, but offset by job losses in modal transportation and couriers and messengers were down as well, off 6.7 thousand jobs and warehousing and storage was off another 10.7 thousand jobs. Utilities lost 200 jobs.

Professional and business services had yet another month of job losses, this month down 20 thousand jobs, another job loss after the last three months of job losses. The professional and technical services subsector was down 2.8 thousand jobs in another poor month; where management of companies had 1.2 thousand more jobs. The third sub sector, administrative and support services including waste management, lost 19.1 thousand jobs in another poor month for support services.

Among professional and technical services, management, scientific and technical consulting had 3 thousand new jobs. Otherwise computer systems design and related services lost 6.6 thousand jobs and no other professional services did well. Among administrative support services, investigation and security services were up 4.2 thousand jobs but offset by job losses in employment services and temporary help services, down 17.8 thousand jobs, a fourth month for these job losses. Business support services were also  down 1.6 thousand jobs.

Information services had no net change of jobs. The publishing industry had 3.7 thousand new jobs, but telecommunications lost 2.3 thousand jobs and no other information sub sectors did well. Financial activities including real estate and rental and leasing services added 5.3 thousand jobs. Finance and insurance had 2.4 thousand of the jobs. Securities and investment counseling added 3.1 thousand jobs. The real estate sub sector added 2.9 thousand jobs but with 2.8 thousand of the jobs in rental and leasing services. The category, other, had a net loss of 2.4 thousand new jobs: repair and maintenance services was down 1.8 thousand jobs and personal and laundry services was off 1.3 thousand jobs. The non-profit associations sub sector added 700 jobs.

The economy added 119 thousand jobs for September, a poor month. Establishment employment in August was 159.626 million with an annual growth rate of just .90 percent, less than what is necessary to sustain full employment. While the September increase of 119 thousand jobs is better than the 22 thousand of August, the basic and ominous trends continue. Just under 43 percent of the increase came in health care this month and health care with leisure and hospitality accounted for almost 80 percent of new jobs for September. Professional jobs outside of health care continue to decline. It is safe to conclude that the United States has no hope of maintaining adequate employment without supporting health care with insurance and government subsidies. This month’s job total is 550 thousand above September a year ago and 2.794 million jobs above September two years ago. Both are lower this month than last. Lower interest rates will be unlikely to offset the depressing effect of Trump tariffs and budget cuts, especially health care and SNAP benefits.

September Details 

Non Farm Total +119

The Bureau of Labor Statistics (BLS) reported Non-Farm employment for establishments increased from August by 119 thousand jobs for a(n) September total of 159.626 million. (Note 1 below) An increase of 119 thousand each month for the next 12 months represents an annual growth rate of +.90% The annual growth rate from a year ago beginning September 2024 was +.83%; the average annual growth rate from 5 years ago beginning September 2020 was +2.39%; from 15 years ago beginning September 2010 it was +1.36%. The high five year growth rate derives from the low Pandemic employment. America needs growth around 1.5 percent a year to keep itself employed.

Sector breakdown for 12 Sectors in 000’s of jobs 

1. Natural Resources -3

Natural Resources jobs including logging and mining decreased 3 thousand from August with 610 thousand jobs in September. A decrease of 3 thousand jobs each month for the next 12 months would be an annual growth rate of -5.87 percent.   Natural resource jobs were down 14 thousand from a year ago. Jobs in 2000 averaged around 600 thousand with little prospect for growth.  This is the smallest of 12 major sectors of the economy with .4 percent of establishment jobs.

2. Construction +19

Construction jobs were up 19 thousand from August with 8.305 million jobs in September. An increase of 19 thousand jobs each month for the next 12 months would be an annual growth rate of +2.75 percent.  Construction jobs are up 38 thousand for the 12 months just ended. The growth rate for the last 15 years is 2.78%. Construction jobs rank 9th among the 12 sectors with 5.2 percent of non-farm employment.

3. Manufacturing -6

Manufacturing jobs were down 6 thousand from August with 12.706 million jobs in September. A decrease of 6 thousand jobs each month for the next 12 months would be an annual growth rate of -.57 percent.  Manufacturing jobs were down for the last 12 months by 94 thousand. The growth rate for the last 15 years is +.63%. Manufacturing ranks 6th among 12 major sectors in the economy with 8.0 percent of establishment jobs.

4. Trade, Transportation & Utility -2

Trade, both wholesale and retail, transportation and utility employment were down 2 thousand jobs from August with 29.066 million jobs in September. A decrease of 2 thousand jobs each month for the next 12 months would be an annual growth rate of -.08 percent. Jobs are up by 123 thousand for last 12 months. Growth rates for the last 15 years are +1.09 percent. Jobs in these sectors rank first as the biggest sectors with combined employment of 18.2 percent of total establishment employment.

5. Information Services +0

Information Services jobs stayed the same from August with 2.925 million jobs in September.  (Note 2 below)  No change in jobs for twelve months means would be an annual growth rate of 0.0 percent. Jobs are down by 4 thousand for the last 12 months. Information jobs reached 3.7 million at the end of 2000, but started dropping, reaching 3 million by 2004 but has stayed close to 3.0 million in the last decade. Information Services is a small sector ranking 11th of 12 with 1.8 percent of establishment jobs.

6. Financial Activities +5

Financial Activities jobs were down by 3 thousand jobs from August to 9.235 million in September. An increase of 5 thousand jobs for the next 12 months would be an annual growth rate of +.65 percent. Jobs are up 60 thousand for the last 12 months.  (Note 3 below) This sector also includes real estate as well as real estate lending. The 15 year growth rate is +1.23 percent. Financial activities rank 8th of 12 with 5.8 percent of establishment jobs.

7. Business and Professional Services -20

Business and Professional Service jobs went down 20 thousand from August to 22.513 million in September. A decrease of 20 thousand each month for the next 12 months would be an annual growth rate of -.27 percent. Jobs are down 62 thousand for the last 12 months. Note 4 The annual growth rate for the last 15 years was +1.97 percent. It ranks as 2nd among the 12 sectors now. It was 2nd in 1993, when manufacturing was bigger and third rank now with 14.2 percent of establishment employment. 

8. Education including public and private +18

Education jobs were up 18 thousand jobs from August at 14.877 million in September. An increase of 18 thousand jobs each month for the next 12 months would be an annual growth rate of +1.45 percent. These include public and private education. Jobs are up 116 thousand for the last 12 months. (note 5) The 15 year growth rate equals +.68 percent. Education ranks 5th among 12 sectors with 9.3 percent of establishment jobs.

9. Health Care +57

Health care jobs were up 57 thousand from August to 23.504 million in September. An increase of 57 thousand each month for the next 12 months would be an annual growth rate of +2.92 percent. Jobs are up 802 thousand for the last 12 months. (note 6)  The health care long term 15-year growth rate has been +2.24 percent lately compared to +2.92 percent for this month’s jobs. Health care ranks 2nd of 12 with 14.5 percent of establishment jobs.

10. Leisure and hospitality +47

Leisure and hospitality jobs were up 47 thousand from August to 17.104 million in September.  (note 7) An increase of 47 thousand each month for the next 12 months would be an annual growth rate of +3.31 percent. Jobs are up 235 thousand for the last 12 months. More than 80 percent of leisure and hospitality are accommodations and restaurants assuring that most of the new jobs are in restaurants. Leisure and hospitality ranks 4th of 12 with 10.7 percent of establishment jobs. It moved up to 7th from 4th in the pandemic decline.

11. Other -2

Other Service jobs, which include repair, maintenance, personal services and non-profit organizations were down 2 thousand from August to 6.053 million in September. A decrease of 2 thousand each month for the next 12 months would be an annual growth rate of -.4 percent. Jobs are up 71 thousand for the last 12 months. (Note 8) Other services had +.85 percent growth for the last 15 years. These sectors rank 10th of 12 with 3.8 percent of total non-farm establishment jobs.

12. Government, excluding education +5

Government service employment went up 5 thousand from August at 12.728 million jobs in September. An increase of 5 thousand each month for the next 12 months would be an annual growth rate of +.50 percent. Jobs are up 39 thousand for the last 12 months.  (note 9) Government jobs excluding education tend to increase slowly with a 15 year growth rate of +.42 percent. Government, excluding education, ranks 7th of 12 with 8.0 percent of total non-farm establishment jobs.

Sector Notes__________________________

(1) The total cited above is non-farm establishment employment that counts jobs and not people. If one person has two jobs then two jobs are counted. It excludes agricultural employment and the self employed. Out of a total of people employed agricultural employment typically has about 1.5 percent, the self employed about 6.8 percent, the rest make up wage and salary employment. Jobs and people employed are close to the same, but not identical numbers because jobs are not the same as people employed: some hold two jobs. Remember all these totals are jobs. back

(2) Information Services is part of the new North American Industry Classification System(NAICS). It includes firms or establishments in publishing, motion picture & sound recording, broadcasting, Internet publishing and broadcasting, telecommunications, ISPs, web search portals, data processing, libraries, archives and a few others.back

(3) Financial Activities includes deposit and non-deposit credit firms, most of which are still known as banks, savings and loan and credit unions, but also real estate firms and general and commercial rental and leasing.back

(4) Business and Professional services includes the professional areas such as legal services, architecture, engineering, computing, advertising and supporting services including office services, facilities support, services to buildings, security services, employment agencies and so on.back

(5) Education includes private and public education. Therefore education job totals include public schools and colleges as well as private schools and colleges. back

(6) Health care includes ambulatory care, private hospitals, nursing and residential care, and social services including child care. back

(7) Leisure and hospitality has establishment with arts, entertainment and recreation which has performing arts, spectator sports, gambling, fitness centers and others, which are the leisure part. The hospitality part has accommodations, motels, hotels, RV parks, and full service and fast food restaurants. back

(8) Other is a smorgasbord of repair and maintenance services, especially car repair, personal services and non-profit services of organizations like foundations, social advocacy and civic groups, and business, professional, labor unions, political groups and political parties. back

(9) Government job totals include federal, state, and local government administrative work but without education jobs. back

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Notes

Jobs are not the same as employment because jobs are counted once but one person could have two jobs adding one to employment but two to jobs. Also the employment numbers include agricultural workers, the self employed, unpaid family workers, household workers and those on unpaid leave. Jobs are establishment jobs and non-other. back

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Coming Up Short

Robert B. Reich, Coming Up Short: A Memoir of My America, (NY: Alfred A. Knopf, 2025), $30.00, ISBN 9780953803288

In his newest book, Coming Up Short, author Robert Reich offers readers a unique combination of personal memoir, U.S. history and policy discussion condensed into 350 pages. Born in 1946 he grew up as a founding member of the boomer generation. He lived through the Civil Rights and Vietnam War era while a student and then took an active role in politics, serving in judicial and administrative appointments during the Ford, Carter and Clinton administrations. While he never held political office, he made an unsuccessful run for governor of Massachusetts and served as an informal advisor to political candidates and office holders during his years as a professor in academia.

The narrative follows a rough chronology through his life divided into six parts that serve as chapters.  Since he met bullies growing up in South Salem, New York and attending Lewisboro elementary school, standing up to America’s rich corporate bullies becomes a theme guiding the narrative. Education at Dartmouth College, Oxford as a Rhodes Scholar and Yale Law School and his work as a clerk to a federal judge, Assistant Solicitor General to Robert Bork, policy director at the Federal Trade Commission, and Secretary of Labor allowed him to meet dozens of future and current politicians and write opinion informed by personal experience.

Reich expresses his support for equal rights and social justice with the stories of his encounters with dozens of politicians and celebrities he met during his career. Boomers especially get a chance to reconsider old events in a new perspective. In 1965, as Dartmouth class president, he met Hillary Rodham, then a student at Wellesley College, and then introduced her to Bill Clinton six years later while they and Clarence Thomas were all Yale law students. While still a student  he was an intern for Robert Kennedy, then volunteered for the Gene McCarthy presidential campaign, traveled to England with Bill Clinton to be Rhodes scholars and figure out how to evade the Vietnam draft. He met Robert Bork while his law school student and then worked for him when Bork was Solicitor General. A 22-page saga of Bork’s career and the origins of the term “Borked” follow. Reich suggests Bork deserved better than he got from the press and Congress.

Reich titles Part III, The Giant U-Turn, that identifies a 1971 letter of attorney and later Supreme Court justice Lewis Powell to the U.S. Chamber of Commerce recommending a shift of corporate America to “mobilize for political combat.”  Before describing some of the resulting abuses and characteristics of corporate misconduct, Reich describes his work with the Carter administration and defends President Carter as not as bad as we think. In two other sections he discusses his relationship with John Kenneth Galbraith and a professorial tenure battle of his wife while at Harvard.

Part IV has eighty pages, the longest in the book, which Reich entitles Failure. It describes his work as a Democratic party advisor to Senator Gary Hart, Governor and presidential candidate Michael Dukakis, and Bill Clinton.  After Clinton wins the presidential election he becomes Secretary of Labor, which he hoped would allow him to pursue an agenda to benefit the working class. Reich describes his failed efforts as Secretary of Labor by narrating his bureaucratic policy battles with Secretary Robert Rubin and with stories of Alan Greenspan and others.

One of his failures occurred at a Bridgestone tire plant in Oklahoma where a failure to install safety cutoff switches had killed and injured workers and remained as a risk to injure more. Reich responded to the failure by seeking an emergency order to require installation of cutoff switches and imposed a $7.5 million fine. The company denied all wrong doing and threatened to close the plant. Reich backed down: “The bullies won. I am haunted by our failure. All I had considered was the moral superiority of my position and the thrill of the spectacle. I hadn’t imagined Bridgestone would take hostage the livelihoods of more than a thousand people.” He was haunted because he made the wrong decision to give in! He left the job at the end of Clinton’s first term to spend more time with his kids; a claim we can believe but readers might conclude, as I did, that he was worn out with Bill Clinton and his Wall Street tilt.

In the gathering storm, the title for Part V, readers get subtitled commentary on episodes of misconduct and cowardice by individuals in positions of leadership. Reich quotes from a speech he made to the Democratic Leadership Council where he warned them of a two tiered society of winners and losers. After the warning come stories of people who promoted or acquiesced in the two-tier society: Roger Ailes, Rush Limbaugh, Bill Clinton, Al Gore, Barak Obama, Alan Greenspan, Robert Rubin and others.

About midway through Part V Reich switches to the aftermath of the Bush recession to discuss the tea partiers, occupiers and other angry people.”  There is special mention of the cowardice of Clinton and Obama: “Both Clinton and Obama stood by as corporations busted trade unions, backbone of the working class.” Recall Obama did not prosecute the Bush era banking looters. Reich recounts visits to Michigan, Wisconsin, Ohio, Pennsylvania, Kentucky, Missouri, and North Carolina and the anti-establishment rage he found there. He goes on to discuss the end of the American Dream and the end of the Republican party as a political party. The final subsection offers the five elements that make fascism. He finishes with “Americans can preserve our democracy and share our prosperity only by attacking and countering concentrated wealth and the political corruption that accompanies it.” 

Part VI, The Long Game, ends the book with a smorgasbord of personal stories, a few suggestions, and a tiny slice of optimism. One story was his failed campaign for Massachusetts governor. As a political advisor he thought he knew elective politics but running for office taught him the essential personality traits he does not have: narcissist, extrovert, method actor, thick skin, and also avoid consultants and be respectful of media. He concluded “Running for office made me even more keenly aware of the role and responsibility of mainstream media in a democracy in danger of coming apart.”

Other stories describe an aborted appearance with “Dr. Phil,” his friendship and admiration for Bernie Sanders, the pleasure of seeing and remembering some of his students. The last pages have some broad suggestions for restoring capitalism, reclaiming patriotism, creating better workplaces, and sharing profits. The book ends with thoughts on growing old, 79, and the need for the younger generation to take over and restore democracy.

The Reich book is built on the same ethical principles as similar books and commentary by others like Arlie Russel Hochschild, Heather Cox Richardson, and recent books of Steven Brill and David Leonhardt. However, his 60 year career in politics and academia required him to confront an unusually long list of political disputes and meet an unusually long list of people who became colleagues, friends and adversaries. Unlike political memoirs in my experience Reich agonizes over his failures. Unlike corporate media he calls evil by its true name: campaign finance is bribery, Trump Republicans are liars, enablers and accessories to crimes against the constitution. Anita Hill was right, Justice Alito is the most cognitively dishonest justice since Roger Taney, Democrats Al Gore, Bill Clinton and Barak Obama are cowards; the Democratic party has failed for decades to protect the working class, and more.

In a section titled “My Illicit Affair” Reich describes his friendship with Republican Senator Allan Simpson of Wyoming, a political opponent he admired for “his sincerity and passion for democracy.”  Still friends in 2016, Reich asked why more Republicans weren’t speaking out against Trump.

“They’re scared,” he said.

“Scared of Trump?”

“No,” he said, lowering his voice. “They’re scared of the kind of people Trump is attracting and what he’s bringing out in them.”

“You mean they’re scared of being physically harmed?”

“Friend it only takes one nut case?”

Enough said.

The Original Meaning of the 14th Amendment

 

Randy E. Barnett, Evan D. Bernick, The Original Meaning of the 14^th Amendment: Its Letter and Spirit, (Cambridge, MA: The Belknap Press, 2021), 382 pages, ISBN 9780674257764

The book’s introduction begins “Nothing in the Constitution of the United States is more important to contemporary American law and politics than the Fourteenth Amendment. The book that follows gives a “comprehensive account of the original meaning and purposes” of its key components, which are Section 1 and Section 5. The authors organized the history around the three key clauses of the second sentence to Section 1. Part I has The Privileges or Immunities of Citizenship Clause, Part II has The Due Process of Law Clause and Part III has The Equal Protection of Laws Clause. A conclusion of 14 pages ends the book. Be sure to read the March 12, 1871 letter of Supreme Court Justice Joseph Bradley reproduced in the preface. It foreshadows what to expect from American courts.

The Introduction explains the origins of originalism and begins developing the original public meaning of the 14^th Amendment from 1868.  To do this the authors review historical writing of legal scholars that develops a distinction between the public meaning of the original text in contrast to how the text is applied later in constitutional disagreements. While the Constitution has some indeterminant words and phrases Barnett and Bernick argue it conveys an original spirit: “Where the letter of the Constitution is unclear, fidelity to the Constitution’s design requires that judges, legislators, and other constitutional decision makers turn to the law’s original spirit.”

The Privileges or Immunities of Citizenship Clause discussion in Part I makes up the longest section of the book with 217 pages. The clause as written in the Fourteenth Amendment rephrases the original Article IV, Section 2 from the 1787 Constitution. As originally written it was “The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens of the several States.” The Fourteenth Amendment adds the phrase “No State shall make or enforce any law which shall abridge the Privileges or Immunities of Citizens of the United States.

The original phrase suggests states are free to define rights for their citizens and apply them to residents and all others traveling into, or through, their state; citizenship varies by state. The Fourteenth Amendment applies to Citizens of the United States, hoping to establish some uniform rights to U.S. citizens. Neither phrase defines Privileges and Immunities, which remains open to interpretation.

Barnett and Bernick narrate and document the history of the chaotic contest to define the Privileges and Immunities of Citizens. From 1787 to 1868 the demands of southern slave holders to exclude black people - free blacks, slaves - from any rights of citizenship dominant the narrative. The federal courts took the southern side – Barren v. Baltimore, Dred Scott v. Sandford to wit – which helped generate the rise of the Republican Party.

Southern secession in 1860-61 left the federal government with northerners determined to redefine and guarantee a national citizenship for all.  Chapter 4 and 5 provide a thorough discussion of the Congressional debate to define privileges and immunities of citizens and to embody them into the 13^th Amendment in 1865 and 14^th Amendment in 1868.

Ratifying the two amendments did not end the citizenship debate. Chapter 6, entitled Enforcing Citizenship, is the longest chapter in the book at 49 pages. It narrates the continuing debate that brought passage of the 15^th Amendment to guarantee the right to vote and for the need to enforce the 14^th Amendment. The 14^th Amendment includes Section 5 that gives Congress the power to enforce, by appropriate legislation, the provisions of Article 1. Barnett and Bernick give a thorough account of the Congressional debate of enforcement efforts leading to the passage of the Civil Rights Act of 1866 and the Enforcement Acts in 1870-71, legislation intended to quell the violence of southern groups such as the KKK.  

The second half of Chapter 6 reviews the depressing and disruptive role that the federal courts took to redefine the privileges and immunities of citizenship to suit the racist South. In their preface the authors remind readers of the Supreme Court case of Barren v. Baltimore, which claimed the first eight amendments constrained only the federal government, but not state power. This ruling allowed the southern states to pursue their racist agenda with impunity. After winning the Civil War, northern politicians were determined to define and apply the Privileges and Immunities of Citizenship to everyone, everywhere. Again though, the Supreme Court went to work to neutralize these efforts. The most notorious of these came after the legislature of Louisiana granted a monopoly to a New Orleans slaughterhouse, denying the right of citizens to choose their occupation as a fundamental part of citizenship.  

In the Slaughterhouse cases that ended in 1873 the District Court ruled against the monopoly, but a 5 to 4 majority of the Supreme Court reversed that ruling as a radical interference with states rights.  Justice Samuel Miller writing for the majority, decided overruling a state grant of monopoly would “fetter and degrade the State governments by subjecting them to the control of Congress in the exercise of powers heretofore universally conceded to them of the most ordinary and fundamental character.” … “We are convinced that no such results were intended by the Congress which proposed these amendments, nor by the legislatures of the States which ratified them.” The opinion by Justice Miller intends to repeal the Fourteenth Amendment by judicial decree and return to what Justice Bradley wrote in dissent as “that spirit of insubordination and disloyalty to the National government …”

After the judicial review Barnett and Bernick return to the evidence they argue defines citizenship and the original meaning of the 14^th amendment.  Chapter 7 reviews the debate and views of contemporary academics, which includes five separate theories of U.S. citizenship before moving onto Implementing the Privileges and Immunities Clause in Chapter 8. Barnett and Bernick argue historical evidence establish an operational definition of Privileges and Immunities of citizenship, which are “a set of rights that preexists the interpretation and application of the clause by a judge. We maintain that, in 1868, a preexisting set of privileges and immunities was locked into the Constitution by the original meaning of the 14^th Amendment.”

The authors list and summarize these rights as those enumerated in the Constitution of 1868, the enumerated rights in the Civil Rights Act of 1866 and those enumerated rights added to the constitution after 1868. In addition, they list other unenumerated rights. Here they suggest that if individual citizens have for at least a generation of thirty years been entitled to enjoy a right as a consequence of accepted practice it can become a privilege and immunity of citizenship. The authors give examples as part of a thorough discussion of how this should work in practice, arguing in sum that judges should “discover the law” rather than “make the law.” Part I ends with “We can state with confidence that the original public meaning of the Privileges and Immunities Clause does “lock in” certain identifiable rights; that it does not lock in others; and that it does not delegate to Congress or the federal courts unbounded discretion to specify the rights that states cannot abridge.”

From here the book moves to a 53 page historical discussion of Due Process of Law and 52 page Part III on the Equal Protection of the Law. Both phrases apply to persons in contrast to the Privileges and Immunities of Citizenship. The narrative here traces the long history of the Due Process of Law back to its British origins. Discussion defines and distinguishes procedural due process and substantive due process. The spirit of substantive due process “impose a duty on both state and federal judges to make good-faith determinations of whether legislation is calculated to achieve constitutionally proper ends.” Historical discussion includes a review of legislative debate, legal cases and academic interpretations to bar arbitrary power and the proper ends of legislative power.

The Equal Protection of the Laws narrative also traces the meaning of equal protection through history. Again, Barnett and Bernick review the legislative debate, legal cases and academic writing. At a minimum equal protection guarantees a duty to protect against physical violence, but also entitles people to equal access to courts and nondiscriminatory enforcement of state and federal laws intended to protect life, liberty and property.

The Original Meaning of the 14^th Amendment combines many elements of a textbook with a well-organized historical discussion used as evidence to support tightly focused argument.  Barnett and Bernick appear to recognize the complexity of their effort and so use standard textbook devices to help readers.  The introductory chapter includes a seventeen-page “Preview of Our Findings.” Chapters begin with summaries of what will come and chapters end with summaries of major points. Part and Chapter titles and many sub headings resemble a textbook’s emphasis on orderly presentation. Important legal and constitutional terms are explained. While the writing is clear and avoids academize, serious readers will feel a need to go back and reread sections as they move along in what is not light reading.

I looked for, but did not find, a discussion of the case of Santa Clara County v. Southern Pacific R. Co. from May 10, 1886, in which Chief Justice Waite declared "corporations are persons within the meaning of the Fourteenth Amendment to the Constitution of the United States." This declaration was not made as part of the case opinion but declared as true by proclamation in a case head note. To my knowledge it has never been disputed by Congress or a federal court, but has justified many judicial favors for corporate America, along with the prostitution of the 14^th Amendment.

Barnett and Bernick make a good case to justify their conclusions already cited above. The founding fathers accepted slavery as a condition of getting the constitution ratified. Even so Congress retained the power to abolish slavery in the territories and the District of Columbia while northern states could protect free blacks and escaped slaves. There was a begrudging acceptance of slavery for what was initially an immoral Constitution, but Barnett and Bernick establish the politicians that drafted and steered the 14^th Amendment to ratification intended to correct that, but they wanted more than that. The record cited establishes they wanted to construct privileges and immunities of citizenship known and protected equally for all. Since 1868 many judges and justices in the courts seem to think their personal interpretation will be a good substitute for the confines of positive law.  Barnett and Bernick sound as tired of that as the rest of us.

Our New White House - Coming Soon

It should be obvious to one and all that Trump intends and expects to demolish the entire White House and have his rich looting friends build him whatever he wants. No lawful means exists in this disintegrating country for opponents to prevent it.

The -911,000 and the Washington Post

 

The -911,000 and the Washington Post

On September 9, 2025 the Washington Post posted a headline “U.S. employers added 911,000 fewer jobs than first reported, new BLS data shows.” BLS is the U.S. Bureau of Labor Statistics, which reported the number on its website as a preliminary benchmark revision of its CES establishment data.

As BLS makes abundantly clear the data is for one month and one month only: March 2025: “The preliminary benchmark revisions in table 1 are calculated only for March 2025 for the major industry sectors.” Table 1 has the 911,000 breakdown by ten private sector industries and government employment. Further BLS explains “Official establishment survey estimates are not updated based on this preliminary benchmark revision.” In other words, the establishment employment data reported before March 2025 and after March 2025 remain the same, unchanged.  It will be February 2026 before new data will be published.

Nothing can be inferred about month to month changes in employment from this report, but the Washington Post decided to give the White House an opportunity to attack the Biden administration and justify their attack on BLS: “Today, the BLS released the largest downward revision on record proving that President Trump was right: Biden’s economy was a disaster and the BLS is broken.” Fresh crapola from the Washington Post, publisher of Trump propaganda.

The already reported and published BLS data shows the last 12 months of the Biden economy generated just over 2 million jobs while the first 7 months of the Trump economy generated 385 thousand jobs.

Trump, his District of Columbia Invasion, and the U.S. Constitution

 Trump, his District of Columbia Invasion, and the U.S. Constitution

Anyone following the news this August 2025 knows Trump has taken over the police force of the District of Columbia and sent in National Guard troops. He does have authority to do that although no reason exists for it. It is a completely different story for the states. Recall Trump claimed authority to control California National Guard troops and direct them and Federal Troops into Los Angeles without consulting California Governor Gavin Newsom. I have watched or read various media stories that report comments about it, or justifications for it, but I have not found a story that reports those parts of the Constitution that addresses what Trump has done and threatens to do. One of the parts would include Article IV, Section 4 of the Constitution, which I quote exactly below.

The U.S. Constitution, Article IV, Section 4 – The United States shall guarantee to every state in the union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or the Executive (when the Legislature cannot be convened) against domestic Violence.

Also include Article II as relevant. Article II, Section 2 makes the President “Commander in Chief of the Army and Navy of the United States and the militia of the several states if called into service of the United States;” If the United States is threatened with invasion or foreign attack the president is authorized to call out militia forces from some or all of the states to join in the defense of the United States. “Service of the United States” does not include domestic violence or a domestic disturbance separately identified in Article IV, Section 4. Service to the United States does not suggest authorizing the president to “federalize” state National Guard troops and use them in opposition to an elected governor against state residents.

State sovereignty, or states rights, were a major stumbling block to getting our Constitution ratified back in 1787. To get the Constitution ratified by the states the founding fathers had to make concessions to states rights advocates. The states were quite afraid an oppressive federal government would do exactly what Trump is doing, which is use military force to violate their independence and overwhelm them. Some parts of our Constitution are a little vague, but not Article IV, Section 4: the federal government can send troops upon request by state officials and only if they declare there is domestic violence they cannot control.

Article IV, Section 4 did not go far enough to convince states right advocates to ratify the Constitution. To get the constitution ratified it was necessary to include amendments later known as the Bill of Rights. The Second Amendment reads: A well- regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.

The gun rights advocates have quoted just the last half of the Second Amendment for so many decades they have all but made the first part disappear. The Second Amendment ratified as part of our Constitution had nothing to do with the private ownership of firearms. Our actual constitutional right to bear arms comes through the same constitutional right we have to drive a car, drink beer, wear a blue shirt or spit on the sidewalk. These are often known as unenumerated rights. For example, it has not been necessary to enumerate the right to drive a car such as “Driving a car, being necessary for the economy of a free state, the right of the people to drive a car shall not be infringed.” Gun rights are just like all our rights, which means Congress or the state legislatures can regulate them, which gun people work so hard to deny.

The legal case of DC v. Heller from June 26, 2008 vindicates this view. By a 5 to 4 vote the U.S. Supreme Court declared the DC gun regulation as too restrictive and therefore an unconstitutional violation of the Second Amendment. Justice Scalia, who wrote the opinion for the court, provided his views. His gun rights were the “rights of law-abiding, responsible citizens to use arms in defense of hearth and home.”

Justice John Paul Stevens reviewed the history of the Second Amendment in his DC v. Heller dissent. He wrote “The Second Amendment was adopted to protect the right of the people of each of the several States to maintain a well-regulated militia. It was a response to concerns raised during the ratification of the Constitution that the power of Congress to disarm the state militias and create a national standing army posed an intolerable threat to the sovereignty of the several States.”

Justice Stevens wrote further “Similarly, the words ‘the people’ in the Second Amendment refer back to the object announced in the Amendment’s preamble. They remind us that it is the collective action of individuals having a duty to serve in the militia that the text directly protects and, perhaps more importantly, that the ultimate purpose of the Amendment was to protect the States’ share of the divided sovereignty created by the Constitution.”

The Second Amendment remains just as it was in 1787. It provides constitutional authority for states to maintain and deploy militia troops in combat against other state militia or federal troops that might invade their state without their express Article IV, Section 4 approval. Our corporate media, the well-to-do and elected officials like Trump have successfully avoided mention of these state rights. For Trump to invade a state with unauthorized military forces brings a confrontation over state sovereignty and the Second Amendment rights for states to have military forces ready to repel them. Trump has authority to deploy the DC National Guard, but our state governors have a right to fight back with military force. Remember our Civil War and how it started; be suspicious Trump would like a repeat?

Sherburn on Cowardice Old and New

 

Sherburn on Cowardice Old and New

Colonel Sherburn – a proud looking man about 55 – and he was a heap and the best dressed man in that town.

Do I know you? I know you clear through. I was born and raised in the South, and I’ve lived in the North; so I know the average all around. The average man’s a coward. In the North he lets anybody walk over him that wants to, and goes home and pray for a humble spirit to bear it. In the South one man, all by himself, has stopped a stage full of men in daytime and robbed the lot. Your newspapers call you a brave people so much that you think you are braver than any other people – where as you’re just as brave and no braver. Why don’t your juries hang murderers? Because their afraid the man’s friends will shoot them in the back, in the dark – and it’s just what they would do.

. . . The average man don’t like trouble and danger. But if only half a man – like Buck Harkness there – shouts ‘Lynch him! Lynch him!’ you’re afraid to back down – afraid to be found out for what you are – cowards – and so you raise a yell, and hang yourself onto that half-a-man’s coattail, and come raging up here, swearing what big things you’re going to do. The pitifulest thing out is a mob; that’s what an army is – a mob; they don’t fight with courage that’s born in them, but from courage that’s borrowed from their mass, and from their officers.

------------From Colonel Sherburn’s slow and scornful speech, Chapter 22, of Mark Twain’s Adventures of Huckleberry Finn.