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Great DailyKos Diary On The Constitutionality Of Social Security And The General Welfare !!!

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WillyT Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-30-11 09:37 PM
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Great DailyKos Diary On The Constitutionality Of Social Security And The General Welfare !!!
The Case was Helvering v. Davis http://www.law.cornell.edu/socsec/course/readings/301us619.htm

A couple of snips...

Congress may spend money in aid of the "general welfare." . . . There have been great statesmen in our history who have stood for other views. We will not resurrect the contest. It is now settled by decision. . . . The conception of the spending power advocated by Hamilton and strongly reinforced by Story has prevailed over that of Madison, which has not been lacking in adherents. Yet difficulties are left when the power is conceded. The line must still be drawn between one welfare and another, between particular and general. Where this shall be placed cannot be known through a formula in advance of the event. There is a middle ground, or certainly a penumbra, in which discretion is at large. The discretion, however, is not confided to the courts. The discretion belongs to Congress, unless the choice is clearly wrong, a display of arbitrary power, not an exercise of judgment. This is now familiar law.


And...

Nor is the concept of the general welfare static. Needs that were narrow or parochial a century ago may be interwoven in our day with the wellbeing of the Nation. What is critical or urgent changes with the times.

The purge of nationwide calamity that began in 1929 has taught us many lessons. Not the least is the solidarity of interests that may once have seemed to be divided. Unemployment spreads from State to State, the hinterland now settled that, in pioneer days gave an avenue of escape. . . . Spreading from State to State, unemployment is an ill not particular, but general, which may be checked, if Congress so determines, by the resources of the Nation. If this can have been doubtful until now, our ruling today in the case of the Steward Machine Co., supra, has set the doubt at rest. But the ill is all one, or at least not greatly different, whether men are thrown out of work because there is no longer work to do or because the disabilities of age make them incapable of doing it. Rescue becomes necessary irrespective of the cause. The hope behind this statute is to save men and women from the rigors of the poor house, as well as from the haunting fear that such a lot awaits them when journey's end is near.


More here: http://www.dailykos.com/story/2011/08/29/1011367/-Breaking:-Supreme-Court-Rules-Social-Security-Is-Constitutional?via=siderec

:patriot:

:kick:
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WillyT Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-30-11 10:19 PM
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1. Kick !!!
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WillyT Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-31-11 09:29 PM
Response to Reply #1
2. Damn It's Lonely In Here...
:hi:

:shrug:

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