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In reply to the discussion: Obama knows what he's doing! Watch what Fineman says [View all]Isoldeblue
(1,135 posts)But it would take many amendments to change SS.
"At this point, you are probably asking yourself a question. If Social Security is a legitimate retirement/insurance program as the politicians and the media claim, then what do taxes to pay the debts and provide for the common Defense and general Welfare of the United States have to do with the constitutionality of Social Security?"
"Act to Provide for the General Welfare. Since the federal government lacked the constitutional authority to compel the people of the several States to participate in a federal retirement or insurance program, Roosevelt and his New Dealers had to structure Social Security as an excise tax under Article I, Section 8, Clause 1. They inserted the general welfare verbiage to make it appear as if the federal government was exercising a legitimate constitutional power. [Note: excise taxes fall in the class of indirect taxes and are synonymous with privilege taxes. As such, they can be avoided by not taking the privilege. This means that excise taxes are voluntary taxes]
Immediately after the Social Security Act was passed, various provisions of the Act were challenged as unconstitutional and reached the Supreme Court in 1937. In the case of Helvering v. Davis, the Court, in a 5-4 decision, sustained the constitutionality of the Act as an excise or income tax under the general welfare provision cited above."
http://tenthamendmentcenter.com/2010/08/13/is-social-security-constitutional/
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