HOME
The Info List - Social Security Act



--- Advertisement ---


(i) (i)

The SOCIAL SECURITY ACT (SSA), Pub.L. 74–271, 49 Stat. 620, enacted August 14, 1935, now codified as 42 U.S.C. ch. 7, was a social welfare legislative act that created the Social Security system in the United States. Although the program has been altered since its signing, the original purpose was to provide federal assistance to those unable to work.

CONTENTS

* 1 Law * 2 Background

* 3 Constitutionality

* 3.1 US Supreme Court rulings on constitionality * 3.2 Other Supreme Court rulings

* 4 See also * 5 Notes

LAW

One of the most influential pieces of legislation that came out of the Second New Deal was the Social Security Act, signed into law by President Franklin D. Roosevelt on August 14, 1935. The act laid the groundwork for the modern welfare system in the United States, with its primary focus to provide aid for the elderly, the unemployed, and children.

BACKGROUND

Industrialization and the urbanization in the 19th Century created many new social problems, and transformed ideas of how society and the government should function together because of them. As industry expanded, cities grew quickly to keep up with demand for labor. Tenement houses were built quickly and poorly, cramming new migrants from farms and Southern and Eastern European immigrants into tight and unhealthy spaces. Work spaces were even more unsafe. In 1890, Jacob Riis wrote that “the quick change of economic conditions in the city…often out paces all plans of relief.”

Over time the SSA was amended to give money to states to provide assistance to aged individuals (Title I), for unemployment insurance (Title III), Aid to Families with Dependent Children (Title IV), Maternal and Child Welfare (Title V), public health services (Title VI), and the blind (Title X).

THIS SECTION NEEDS EXPANSION. You can help by adding to it . (September 2016)

CONSTITUTIONALITY

In the 1930s, the Supreme Court struck down many pieces of Roosevelt's New Deal legislation, including the Railroad Retirement Act . The Court threw out a centerpiece of the New Deal, the National Industrial Recovery Act , the Agricultural Adjustment Act
Agricultural Adjustment Act
, and New York State's minimum-wage law. President Roosevelt responded with an attempt to pack the court via the Judicial Procedures Reform Bill of 1937 . On February 5, 1937, he sent a special message to Congress proposing legislation granting the President new powers to add additional judges to all federal courts whenever there were sitting judges age 70 or older who refused to retire. The practical effect of this proposal was that the President would get to appoint six new Justices to the Supreme Court (and 44 judges to lower federal courts), thus instantly tipping the political balance on the Court dramatically in his favor. The debate on this proposal lasted over six months. Beginning with a set of decisions in March, April, and May 1937 (including the Social Security Act
Social Security Act
cases), the Court would sustain a series of New Deal legislation Chief Justice Charles Evans Hughes played a leading role in defeating the court-packing by rushing these pieces of New Deal legislation through and ensuring that the court's majority would uphold it.

In March 1937, Associate Justice Owen Roberts , who had previously sided with the court's four conservative justices , shocked the American public by siding with Hughes and the court's three liberal justices in striking down the court's previous decision in the 1923 case Adkins v. Children\'s Hospital , which held that minimum wage laws were a violation of the Fifth Amendment's due process clause and were thus unconstitutional, and upheld the constitutionality of Washington state's minimum wage law in West Coast Hotel Co. v. Parrish . In 1936, Roberts joined the four conservative justices in using the Adkins decision to strike down a similar minimum wage law New York state enforced in Morehead v. New York ex rel. Tipaldo and his decision to reverse his previous vote in the Morehead decision would be known as the switch in time that saved nine . In spite of widespread speculation that Roberts only agreed to join the court's majority in upholding New Deal legislation, such as the Social Security Act, during the spring of 1937 because of the court packing plan, Hughes wrote in his autobiographical notes that Roosevelt's court reform proposal "had not the slightest effect on our decision" in the Parrish case :419 and that the delayed announcement of the decision created the false impression that the Court had retreated under fire. :419 Following the vast support that was demonstrated for the New Deal through Roosevelt's re-election in 1936 , :422–23 Hughes persuaded Roberts to no longer base his decisions on political maneuvering and side with him in future cases that involved New Deal legislation :422–23

Records show Roberts had indicated his desire to overturn the Adkins decision two days after oral arguments concluded for the Parrish case on December 19, 1936. :413 During this time, however, the court was divided 4-4 following the initial conference call because Associate Justice Harlan Fiske Stone
Harlan Fiske Stone
, one of the three liberal justices who continuously voted to uphold New Deal legislation, was absent due to an illness; :414 with this even division on the Court, the holding of the Washington Supreme Court , finding the minimum wage statute constitutional, would stand. As Hughes desired a clear and strong 5–4 affirmation of the Washington Supreme Court judgment, rather than a 4–4 default affirmation, he convinced the other justices to wait until Stone's return before both deciding and announcing the case. :414

US SUPREME COURT RULINGS ON CONSTITIONALITY

Two Supreme Court rulings affirmed the constitutionality of the Social Security Act.

* Steward Machine Company v. Davis , 301 U.S, 548 (1937) held, in a 5–4 decision, that, given the exigencies of the Great Depression
Great Depression
, " is too late today for the argument to be heard with tolerance that in a crisis so extreme the use of the moneys of the nation to relieve the unemployed and their dependents is a use for any purpose narrower than the promotion of the general welfare ". The arguments opposed to the Social Security Act
Social Security Act
(articulated by justices Butler , McReynolds , and Sutherland in their opinions) were that the social security act went beyond the powers that were granted to the federal government in the Constitution . They argued that, by imposing a tax on employers that could be avoided only by contributing to a state unemployment-compensation fund, the federal government was essentially forcing each state to establish an unemployment-compensation fund that would meet its criteria, and that the federal government had no power to enact such a program. * Helvering v. Davis , 301 U.S. 619 (1937), decided on the same day as Steward, upheld the program because "The proceeds of both taxes are to be paid into the Treasury like internal-revenue taxes generally, and are not earmarked in any way". That is, the Social Security Tax was constitutional as a mere exercise of Congress's general taxation powers.

OTHER SUPREME COURT RULINGS

* Flemming v. Nestor , 363 US 603 (1960) upholding §1104, allowing Congress to itself amend and revise the schedule of benefits. Further, however, recipients of benefits had no contractual rights to them. * Goldberg v. Kelly 397 US 254 (1970) William Brennan, Jr. held there must be an evidentiary hearing before a recipient can be deprived of government benefits under the due process clause of the Fourteenth Amendment . * Weinberger v. Wiesenfeld (1975) held that a male widower should be entitled to his deceased wife's benefit just as a female widow was entitled to a deceased husband's, under the equal protection and due process clauses of the Fourteenth Amendment .

SEE ALSO

* US labor law * List of Social Security legislation (United States)

NOTES

* ^ "History 1930". Social Security Administration . Retrieved May 21, 2009. * ^ Butler, Chris. ""The Social Impact of Industrialization," The Flow of History". Flow of History. Retrieved 24 October 2016. * ^ Achene, Andrew (1986). Social Security Visions and Revisions. New York: Cambridge University Press
Cambridge University Press
. p. 25-6. * ^ Supremecourthistory.org Archived October 6, 2008, at the Wayback Machine . * ^ "Social Security Administration". Ssa.gov. Retrieved 2011-09-11. * ^ www.historycooperative.org . Historycooperative.org. Retrieved on 2013-08-12. * ^ 298 U.S. 587 (1936) * ^ A B C D E F G McKenna, Marian C. (2002). Franklin Roosevelt and the Great Constitutional War: The Court-packing Crisis of 1937. New York, NY: Fordham University Press. ISBN 978-0-8232-2154-7 . * ^ "Steward Machine Company vs. Davis, 301 U.S, 548". Archived from the original on November 28, 2005. Retrieved December 3, 2005.

* v * t * e

Franklin D. Roosevelt

* 32nd President of the United States
President of the United States
(1933–1945) * 44th Governor of New York
Governor of New York
(1929–1932) * Assistant Secretary of the Navy (1913–1920) * New York State Senator (1911–1913)

PRESIDENCY

* Inaugurations (1st * 2nd * 3rd * 4th)

* New Deal

* overview * New Deal coalition * First 100 days * Second New Deal

* Federal Emergency Relief Administration * Civilian Conservation Corps
Civilian Conservation Corps
* Agricultural Adjustment Administration * Emergency Banking Act * Tennessee Valley Authority * National Labor Relations Act
National Labor Relations Act

* National Industry Recovery Act

* Public Works Administration * National Recovery Administration

* Works Progress Administration

* National Youth Administration

* Social Security Act
Social Security Act

* Aid to Families with Dependent Children

* Communications Act of 1934

* Federal Communications Commission
Federal Communications Commission

* Securities and Exchange Commission

* Monetary gold ownership

* Gold Reserve Act * Silver seizure

* Record on civil rights

* Defense industry non-discrimination * Fair Employment Practices Commission

* Indian Reorganization Act

* Executive Orders 9066, 9102

* War Relocation Authority * Japanese American internment
Japanese American internment
* German-American internment * Italian-American internment

* Brownlow Committee * Executive Office of the President * G.I. Bill of Rights * Cullen–Harrison Act * Roerich Pact
Roerich Pact

* Four Freedoms
Four Freedoms

* Four Freedoms
Four Freedoms
Monument

* Black Cabinet * Jefferson\'s Birthday holiday * Judicial Court-Packing Bill

* Federal Judicial appointments

* Supreme Court

* Cabinet * "Brain Trust" * Modern Oval Office * Official car * Criticism

Presidential Foreign policy

* Banana Wars

* U.S. occupation of Nicaragua, 1912–1933 * U.S. occupation of Haiti, 1915–1934

* Good Neighbor Policy (1933–1945) * Montevideo Convention
Montevideo Convention
(1933) * Second London Naval Treaty (1936) * ABCD line (1940) * Export Control Act * Four Policemen * Lend-Lease * 1940 Selective Service Act * Atlantic Charter (1941)

* Military history of the United States during World War II

* Home front during World War II
Home front during World War II
* Combined Munitions Assignments Board * War Production Board
War Production Board

* Declaration by United Nations (1942)

* Dumbarton Oaks Conference

* World War II
World War II
conferences * Quebec Agreement
Quebec Agreement
* Europe first * Morgentau Plan support

Presidential speeches

* Commonwealth Club Address * Madison Square Garden speech * " Four Freedoms
Four Freedoms
" * Infamy Speech * Arsenal of Democracy * "...is fear itself" * Fireside chats * "Look to Norway" * Quarantine Speech * "The More Abundant Life" * Second Bill of Rights * State of the Union Address (1934 * 1938 * 1939 * 1940 * 1941 * 1945)

OTHER EVENTS

* Early life, education, career * Warm Springs Institute * Governorship of New York * Business Plot * Assassination attempt

ELECTIONS

* New York state election, 1928 * 1930 * Democratic National Convention, 1920 * 1924 * 1932 * 1936 * 1940 * 1944 * United States presidential election, 1920

* 1932

* theme song

* 1936 * 1940 * 1944

LIFE AND HOMES

* Early life and education

* Groton School
Groton School

* "Springwood" birthpace, home, and gravesite * Campobello home * Paralytic illness * Top Cottage * Little White House, Warm Springs, Georgia

LEGACY

* Presidential Library and Museum

* Roosevelt Institute * Roosevelt Institute Campus Network

* Franklin Delano Roosevelt Memorial

* Roosevelt Island
Roosevelt Island

* Four Freedoms
Four Freedoms
Park

* White House Roosevelt Room * Roosevelt Study Center
Roosevelt Study Center
* Four Freedoms
Four Freedoms
Award * Four Freedoms
Four Freedoms
paintings * Unfinished portrait * U.S. Postage stamps * Roosevelt dime
Roosevelt dime
* Books

* Films

* The Roosevelt Story 1947 * Sunrise at Campobello 1960 * Eleanor and Franklin 1976, The White House Years 1977 * World War II: When Lions Roared * Warm Springs 2005 * Hyde Park on Hudson 2012 * The Roosevelts 2014 documentary

* Other namesakes * Other works

Roosevelt family Delano family

* Anna Eleanor Roosevelt
Eleanor Roosevelt
(wife) * Anna Eleanor Roosevelt
Eleanor Roosevelt
(daughter) * James Roosevelt II (son) * Elliott Roosevelt (son) * Franklin Delano Roosevelt Jr. (son) * John Aspinwall Roosevelt II (son) * Eleanor Roosevelt
Eleanor Roosevelt
Seagraves (granddaughter) * Curtis Roosevelt (grandson) * Sara Delano Roosevelt (granddaughter) * Franklin Delano Roosevelt III (grandson) * John Roosevelt Boettiger (grandson) * James Roosevelt III (grandson) * James Roosevelt I (father) * Sara Ann Delano (mother) * James Roosevelt Roosevelt (half-brother) * Isaac Roosevelt (grandfather) * Jacobus Roosevelt (great-grandfather) * Fala (family dog)

* ← HERBERT HOOVER * HARRY S. TRUMAN →

* CATEGORY

* v * t * e

Social Security (United States)

KEY ARTICLES

* History of Social Security * Social Security Administration * Social Security number

ASSISTANCE PROGRAMS

* Disability Determination Services * Retirement Insurance Benefits * Social Security Disability Insurance * Supplemental Security Income * Temporary Assistance for Needy Families * Ticket to Work * Unemployment benefits

HEALTH CARE

* Medicaid
Medicaid
* Medicare * SCHIP

LAW

* Disability fraud * FICA *