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Over the last generation, inequality has risen, wages have fallen, and confidence that children will have a better future is at an all-time low. To be sure, a new generation is speaking up in support of universal health care, better public schools, affordable housing, and livable wages. But until the United States adopts and adheres to policies that ensure dignity and decency for all, people need to get by. This book addresses that imperative. Getting By offers an integrated, critical account of the programs, rights, and legal protections that most directly affect poor and low-income people in the United States, whether they are unemployed, underemployed, or employed, and whether they work within the home or outside the home. Although frayed and incomplete, the American safety net nevertheless is critical to those who can access and obtain its benefits—indeed, in some cases, those benefits can make the difference between life and death. The book covers cash assistance programs, employment and labor rights, food assistance, health care, housing programs, education, consumer and banking laws, rights in public spaces, judicial access, and the right to vote. The book primarily focuses on federal laws and programs, but in some contexts invites attention to state laws and programs. The rules and requirements are complicated, often unnecessarily so, and popular know-how is essential to prevent a widening gap between rights that exist on paper and their enforcement on the ground. The central goal of this volume is to provide a resource to individuals, groups, and communities that wish to claim existing rights and mobilize for progressive change.

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This chapter provides an overview of civil litigation as it affects poor and low-income people. The U.S. Constitution is intended to “establish Justice,” but many poor and low-income people experience the court system as a source of injustice—subjecting them to meritless default judgments, fees and fines, imprisonment and forfeiture of property when no crime has been committed, and enforcing harsh collateral consequences of contacts with the criminal justice system. Moreover, many low-income people are blocked from going to court at all, because employment and consumer contracts include boilerplate terms that mandate arbitration, consigning the claimant to a private system of dispute resolution that has been questioned as unfair and in conflict with statutory and constitutional rights. Part of the problem is that the legal system assumes that litigants have the resources they need to bring or defend a civil action. The U.S. Constitution does not guarantee a right to counsel in civil litigation, and fee waivers, even when they are available, do not cover all of the costs of litigation. A rising number of civil litigants face stiff obstacles when seeking justice under law, for they cannot afford legal representation and lack resources to litigate in a meaningful way. This chapter is designed to help low-income people navigate the civil court system so that it moves closer to the ideal of equal justice under law, rather than exacerbate poverty or further entrench racial inequality.

This chapter discusses consumer laws that protect—but in practice may hurt—low-income people, involving such matters as debt collection, consumer reporting, and lending. People with low income, people of color, and women face many legal, practical, and structural inequalities in commercial markets. In particular, minimum wage jobs do not lift full-time workers out of poverty, and many low-income people, vulnerable to predatory practices that exploit their financial instability, become trapped by debt. The U.S. Constitution does not specifically address many of these problems. The Equal Protection Clause in part protects against companies that refuse to do business because of a person’s race or gender; the Due Process Clauses provide some protection against companies that deploy judicially-sanctioned procedures to deprive a person of property without notice or an opportunity to raise objections; and the Eighth Amendment bars cruel and unusual punishment—and jailing a person who is too poor to pay a debt, which can include an unpaid court fee, should certainly be seen as cruel and unusual punishment. Congress has enacted various laws to protect consumers from unfair and arbitrary treatment. Attention in this chapter is given to debt collection, consumer reporting, access to credit, and limits on garnishment. In addition, the chapter discusses the fringe economy, including the dangers that payday, auto title, and online lending present, as well as private loans used to finance higher education. The chapter also touches on tax collection by the federal government.