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To: RJA_ who wrote (6108)5/6/2006 11:14:42 AM
From: Oblomov  Respond to of 219865
 
>>They mention several supreme ct. cases which upheld the constitutionality of soc security.

This is a different point.

In the case ep refers to (Flemming v. Nestor) it was specifically found NOT to be a contractual RIGHT. So, while it was found constitutionally valid (like federal minimum wage or FDA regulations), it was also found to be not required. The benefits can be taken away at any time without any violation of rights.

From the SSA website:


There has been a temptation throughout the program's history for some people to suppose that their FICA payroll taxes entitle them to a benefit in a legal, contractual sense. That is to say, if a person makes FICA contributions over a number of years, Congress cannot, according to this reasoning, change the rules in such a way that deprives a contributor of a promised future benefit. Under this reasoning, benefits under Social Security could probably only be increased, never decreased, if the Act could be amended at all. Congress clearly had no such limitation in mind when crafting the law. Section 1104 of the 1935 Act, entitled "RESERVATION OF POWER," specifically said: "The right to alter, amend, or repeal any provision of this Act is hereby reserved to the Congress."


ssa.gov