Article 10 of the Family Court Act Section 1012

1935 U.S. law creating the Social Security program and unemployment insurance

Social Security Act of 1935

Other short titles	SSA
Long title	The Social Security Act of 1935
Nicknames	SSA
Enacted by	the 74th United states Congress
Citations
Statutes at Large	Pub.L. 74–271, 49 Stat. 620, enacted August 14, 1935
Codification
U.S.C. sections created	42 United statesC. ch. vii
Legislative history
Introduced in the Firm every bit H.R. 7260 Passed the Firm on Apr 19, 1935 (372-33) Passed the Senate on June 19, 1935 (77-6) Signed into law by President Franklin D. Roosevelt on August 14, 1935
Major amendments
Social Security Amendments of 1965 Medicare, Medicaid, and SCHIP Balanced Budget Refinement Act of 1999
U.s. Supreme Court cases
Steward Automobile Visitor v. Davis, Helvering v. Davis

The Social Security Act of 1935 is a law enacted by the 74th U.s.a. Congress and signed into law by US President Franklin D. Roosevelt. The law created the Social Security program besides equally insurance against unemployment. The law was office of Roosevelt'south New Deal domestic program.

By the 1930s, the The states was the simply modern industrial state without whatsoever national arrangement of social security. In the midst of the Cracking Depression, the md Francis Townsend galvanized support behind a proposal to issue directly payments to the elderly. Responding to that motion, Roosevelt organized a committee led past Secretary of Labor Frances Perkins to develop a major social welfare program proposal. Roosevelt presented the program in early on 1935 and signed the Social Security Act into police on August xiv, 1935. The act was upheld past the Supreme Court in two major cases decided in 1937.

The law established the Social Security programme. The erstwhile-age program is funded by payroll taxes, and over the ensuing decades, it contributed to a dramatic reject in poverty among the elderly, and spending on Social Security became a major part of the federal budget. The Social Security Deed also established an unemployment insurance program administered by united states of america and the Aid to Dependent Children program, which provided help to families headed by unmarried mothers. The law was afterward amended past acts such as the Social Security Amendments of 1965, which established 2 major healthcare programs: Medicare and Medicaid.

Background and history [edit]

President Roosevelt signs the Social Security Human action into constabulary on August fourteen, 1935.^[one]

Industrialization and the urbanization in the 20th century created many new social problems and transformed ideas of how society and the regime should function together because of them. As manufacture expanded, cities grew quickly to go on 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 dangerous.^[ii]

By the 1930s, the Us was the only modern industrial country in which people faced the Low without any national system of social security though a handful of states had poorly-funded old-historic period insurance programs.^[3] The federal government had provided pensions to veterans in the aftermath of the Ceremonious State of war and other wars, and some states had established voluntary old-age alimony systems, simply otherwise, the U.s. had niggling experience with social insurance programs.^[4] For most American workers, retirement during old age was not a realistic selection.^[5] In the 1930s, the physician Francis Townsend galvanized back up for his alimony proposal, which called for the federal regime to issue direct $200-a-month payments to the elderly.^[6] Roosevelt was attracted to the general thinking backside Townsend's plan considering it would provide for those no longer capable of working, stimulate demand in the economy, and decrease the supply of labor.^[seven] In 1934, Roosevelt charged the Committee on Economic Security, chaired by Secretarial assistant of Labor Frances Perkins, with developing an old-age pension program, an unemployment insurance system, and a national health care program. The proposal for a national health care system was dropped, only the committee developed an unemployment insurance programme that would be largely administered past the states. The committee besides developed an old-age plan; at Roosevelt'due south insistence, information technology would exist funded by individual contributions from workers.^[8]

In Jan 1935, Roosevelt proposed the Social Security Act, which he presented as a more applied culling to the Townsend Plan. Subsequently a serial of congressional hearings, the Social Security Act became law in August 1935.^[nine] During the congressional contend over Social Security, the program was expanded to provide payments to widows and dependents of Social Security recipients.^[10] Job categories that were non covered past the human action included workers in agronomical labor, domestic service, government employees, and many teachers, nurses, hospital employees, librarians, and social workers.^[11] Every bit a result,

65 percent of the African American workforce was excluded from the initial Social Security program (besides every bit 27 percent of white workers). Many of these workers were covered only afterwards, when Social Security was expanded in 1950 and then in 1954.^{[12] [xiii] [xiv]}

The program was funded through a newly-established payroll tax, which later became known as the Federal Insurance Contributions Human activity tax. Social Security taxes would be nerveless from employers by usa, with employers and employees contributing equally to the tax.^[15] Because the Social Security tax was regressive, and Social Security benefits were based on how much each private had paid into the system, the plan would not contribute to income redistribution in the way that some reformers, including Perkins, had hoped.^[16] In add-on to creating the program, the Social Security Deed besides established a state-administered unemployment insurance system and the Help to Dependent Children, which provided assistance to families headed by unmarried mothers.^[17] Compared with the social security systems in Western Europe, the Social Security Deed of 1935 was rather bourgeois. However, information technology was the showtime time that the federal government took responsibleness for the economic security of the aged, the temporarily unemployed, dependent children, and the handicapped.^[18]

Titles [edit]

The Social Security Deed has been amended significantly over time. The initial human action had ten major titles, with Championship Xi outlining definitions and regulations. More than titles were added as the Social Security Act was amended.

Title I—Old age [edit]

Title I is designed to give money to states to provide assist to aged individuals.

Championship II—Federal Reserve account [edit]

Title 2 establishes the Federal Reserve business relationship used to pay for Social Security benefits and gives the Secretary of the Treasury the authority to invest backlog reserves from the account.

Title Iii—Unemployment [edit]

Title III concerns unemployment insurance.

Title 4—Kid assist [edit]

Title Iv concerns Aid to Families with Dependent Children.

Title V—Child welfare [edit]

Title V concerns maternal and child welfare.

Title VI—Public health [edit]

Title VI concerns public health services (investigation of disease and issues of sanitation). It grants the Surgeon General the power to distribute money to the States for that purpose with the approval of the Secretary of the Treasury.

[edit]

Title VII establishes the Social Security Board and outlines that it is to be composed of three appointees chosen by the President and approved by the Senate and serving for six years.

Title VIII—Taxes with respect to employment [edit]

Title VIII establishes a payroll revenue enhancement used to fund Social Security. In the amendments of 1939, the revenue enhancement was removed from the Social Security Human activity, placed in the Internal Revenue Code, and renamed the Federal Insurance Contributions Act. When Medicare was established in 1966, the FICA tax was increased to fund that program besides.

Title Ix—Revenue enhancement on employers of eight or more [edit]

Title IX establishes an excise taxation to be paid on the outset day of every year by employers proportional to the total wages of their employees. It also establishes the first federal unemployment insurance program in the U.s..

Title 10—Blindness [edit]

Title X concerns support for blind people.^[xix]

Championship XI—General Provisions, Peer Review, Progressive Sampling, and Administrative Simplification [edit]

Title XII—Advances to State Unemployment Funds [edit]

Title Xiii—Reconversion Unemployment Benefits for Seamen [edit]

Title Xiv—Grants to States for Aid to the Permanently and Totally Disabled [edit]

Title Fifteen—Unemployment Compensation for Federal Employees [edit]

Title Sixteen—Grants to States for Aid to the Aged, Bullheaded, or Disabled [edit]

Title Xvi—Supplemental Security Income for the Aged, Bullheaded, and Disabled [edit]

Title 16 establishes and concerns Supplemental Security Income (SSI).

Championship XVII—Grants for Planning Comprehensive Activeness to Combat Mental Retardation [edit]

Championship XVIII—Health Insurance for the Anile and Disabled [edit]

Championship 18 establishes and concerns Medicare.

Title XIX—Grants to States for Medical Assistance Programs [edit]

Title Nineteen establishes and concerns Medicaid.

[edit]

Title XXI—State Children's Health Insurance Plan [edit]

Championship XXI establishes and concerns CHIP.

This section needs expansion. You can help by adding to information technology. (September 2016)

Amendments [edit]

[edit]

H.R.6635 Canonical, Baronial 10, 1939 Public Police 76-379

Expansion of benefits [edit]

The original Act provided for only ane Federally-administered benefit: Old-Age Insurance, which was paid only to the insured worker. The 1939 Amendments transformed the very nature of the Social Security plan. The Amendments created ii new benefit categories under §202 of the Deed:

• Payments to the spouse and children of a retired worker chosen dependents or family benefits, a provision of Quondam-Age Insurance.
• Payments to the family unit of an insured worker in the issue of the premature death of the worker, called survivors benefits, the provision of the then-newly created Survivors Insurance program.

Retirement-aged wives, children under 16 (under eighteen if attending school), widowed mothers caring for eligible children, and aged widows were all made eligible for dependents and survivors benefits.

Under select circumstances, parents of deceased insured workers were also made eligible for Survivors Insurance. To be eligible parents must be at to the lowest degree age 65, not entitled to Sometime-Age Insurance, wholly dependent upon the insured worker for income, and mustn't have married since the decease of the insured worker. Furthermore, the parent(s) are not eligible if the deceased insured worker leaves a widow or single surviving kid under the historic period of xviii.

The 1939 Amendments also increased benefit amounts and accelerated the kickoff of monthly benefit payments from 1940 to 1942.

Alternation of financing mechanisms [edit]

The Onetime-Age Reserve Account previously established under §201 of the Act was replaced past the Federal Old-Age and Survivors Insurance Trust Fund, administered by a Board of Trustees. The Secretary of the Treasury, Secretary of Labor, and the Chairman of the Social Security Lath were all ex-officious members. (The composition of the Board of Trustees has been significantly altered since.)

War Mobilization and Reconversion Act of 1944 [edit]

Southward.2051 Approved, October 3, 1944

Public Law 78-458

Title XII

[edit]

H.R.7037 Approved, August x, 1946 Public Law 79-719

Championship XIII

[edit]

H.R.6000 Approved August 28, 1950 Public Law 81-734

These amendments raised benefits for the starting time fourth dimension and placed the program on the route to the virtually universal coverage it has today. Specifically it is the introduction of the cost-of-living adjustment (COLA).

H.R.6291 [edit]

Approved June 28, 1952 Public Police 82-420

[edit]

H.R.7800 Approved, July 18, 1952 Public Law 82-590

[edit]

H.R.9366 Approved September 1, 1954 Public Police force 83-761

H.R.9709 [edit]

Approved September 1, 1954 Public Constabulary 83-767

Title Xv

Maternal and Child Health and Mental Retardation Planning Amendments of 1963 [edit]

H.R.7544 Approved, Oct 24, 1963 Public Law 88-156

Championship XVII

[edit]

H.R.6675 Approved, July 30, 1965 Public Police 89-97

Title XVIII Championship XIX

Ramble litigation [edit]

In the 1930s, the Supreme Court struck down many pieces of Roosevelt's New Deal legislation, including the Railroad Retirement Deed. The Court threw out a centerpiece of the New Deal, the National Industrial Recovery Act, the Agronomical Aligning Human activity, and New York Country'due south 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 lxx or older who refused to retire.^[20] The practical outcome of this proposal was that the President would get to engage 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 cases), the Court would sustain a series of New Deal legislation.

Chief Justice Charles Evans Hughes played a leading function in defeating the courtroom-packing by rushing these pieces of New Deal legislation through and ensuring that the court's majority would uphold information technology.^[22] In March 1937, Associate Justice Owen Roberts, who had previously sided with the court'south four conservative justices, shocked the American public by siding with Hughes and the court'due south 3 liberal justices in hit down the court's previous decision in the 1923 example Adkins 5. Children's Hospital, which held that minimum wage laws were a violation of the Fifth Amendment'due south due process clause and were thus unconstitutional, and upheld the constitutionality of Washington state'south minimum wage law in West Coast Hotel Co. five. Parrish. In 1936, Roberts joined the four conservative justices in using the Adkins conclusion to strike down a similar minimum wage law New York country enforced in Morehead v. New York ex rel. Tipaldo ^[23] and his decision to opposite 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'southward majority in upholding New Deal legislation, such as the Social Security Deed, during the spring of 1937 because of the court packing plan, Hughes wrote in his autobiographical notes that Roosevelt's court reform proposal "had non the slightest issue on our [the court's] decision" in the Parrish case^{[24] : 419} and that the delayed proclamation of the determination created the false impression that the Court had retreated under fire.^{[24] : 419} Following the vast support that was demonstrated for the New Deal through Roosevelt'south re-election in 1936,^{[24] : 422–23} Hughes persuaded Roberts to no longer base of operations his decisions on political maneuvering and side with him in future cases that involved New Bargain legislation^{[24] : 422–23}

Records testify Roberts had indicated his desire to overturn the Adkins conclusion two days after oral arguments concluded for the Parrish case on December 19, 1936.^{[24] : 413} During this fourth dimension, however, the courtroom was divided four-four following the initial conference call considering Associate Justice Harlan Fiske Rock, one of the three liberal justices who continuously voted to uphold New Deal legislation, was absent due to an illness;^{[24] : 414} with this even sectionalization on the Courtroom, the holding of the Washington Supreme Court, finding the minimum wage statute constitutional, would stand. Every bit Hughes desired a clear and strong 5–iv affirmation of the Washington Supreme Courtroom judgment, rather than a 4–iv default affirmation, he convinced the other justices to wait until Rock's render before both deciding and announcing the example.^{[24] : 414}

U.s.a. Supreme Court cases [edit]

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

• Steward Machine Company v. Davis, 301 U.S, 548^[25] (1937) held in a five–iv decision that given the exigencies of the Great Depression, "[It] is besides late today for the argument to exist heard with tolerance that in a crunch so extreme the use of the moneys of the nation to salvage 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 Human activity articulated by justices Butler, McReynolds, and Sutherland in their opinions were that the Social Security Human action went beyond the powers that were granted to the federal government in the Us Constitution. They argued that past imposing a revenue enhancement on employers that could exist avoided only by contributing to a state unemployment-compensation fund, the federal government was substantially forcing each country 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 aforementioned day as Steward, upheld the program: "The proceeds of both [employee and employer] taxes are to be paid into the Treasury similar internal-acquirement taxes more often than not, and are not earmarked in whatsoever way." That is, the Social Security Tax was constitutional as a mere practise of Congress's general taxation powers.

Other cases [edit]

• 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 five. Kelly 397 Us 254 (1970) William Brennan, Jr. held there must exist an evidentiary hearing earlier a recipient can be deprived of government benefits under the due process clause of the Fourteenth Subpoena.
• Weinberger 5. Wiesenfeld (1975) held that a male person widower should be entitled to his deceased wife's benefit just equally a female widow was entitled to a deceased husband's, nether the equal protection and due process clauses of the Fourteenth Subpoena.

Bear upon [edit]

This department needs expansion. You can assist by adding to it. (April 2019)

In 1940, Social Security benefits paid totaled $35 1000000 and rose to $961 million in 1950, $11.2 billion in 1960, $31.nine billion in 1970, $120.five billion in 1980, and $247.8 billion in 1990 (all figures in nominal dollars, non adjusted for aggrandizement). In 2004, $492 billion of benefits were paid to 47.5 million beneficiaries.^[26] In 2009, about 51 million Americans received $650 billion in Social Security benefits.

During the 1950s, those over 65 continued to accept the highest poverty charge per unit of any historic period group in the US with the largest percentage of the nation'southward wealth full-bodied in the hands of Americans under 35. By 2010, that figure had dramatically reversed itself with the largest pct of wealth beingness in the hands of Americans 55–75 and those under 45 beingness amid the poorest. Elderberry poverty, once a normal sight, had thus become rare past the 21st century.^[27]

Reflecting the continuing importance of the Social Security Act, biographer Kenneth Due south. Davis described the Social Security Act "the nigh of import single piece of social legislation in all American history."^[28]

See also [edit]

• US labor law
• Listing of Social Security legislation (United states of america)

References [edit]

1. ^ "History 1930". Social Security Administration. Retrieved May 21, 2009.
2. ^ Butler, Chris. ""The Social Impact of Industrialization," The Flow of History". Flow of History . Retrieved October 24, 2016.
3. ^ Kennedy 1999, p. 260. sfn error: no target: CITEREFKennedy_1999 (help)
4. ^ McJimsey 2000, p. 105.
5. ^ Kennedy 1999, p. 261. sfn error: no target: CITEREFKennedy_1999 (assist)
6. ^ McJimsey 2000, pp. 105–107.
7. ^ Kennedy 1999, pp. 257–258, 371. sfn error: no target: CITEREFKennedy_1999 (help)
8. ^ Kennedy 1999, pp. 262–266. sfn error: no target: CITEREFKennedy_1999 (help)
9. ^ Kennedy 1999, pp. 270–271. sfn fault: no target: CITEREFKennedy_1999 (help)
10. ^ McJimsey 2000, p. 108.
11. ^ Quadagno, Jill (1994). The Color of Welfare: How Racism Undermined the State of war on Poverty. New York: Oxford University Press. p. 7.
12. ^ Plumer, Brad. "A 2nd look at Social Security'south racist origins". Washington Post. ISSN 0190-8286. Retrieved April 2, 2021.
13. ^ Katznelson, Ira (2013). Fright itself: the New Deal and the origins of our time (First ed.). New York. ISBN978-0-87140-450-three. OCLC 783163618.
14. ^ "NAACP | Viewing Social Security Through The Civil Rights Lens". NAACP. August 14, 2020. Retrieved April two, 2021.
15. ^ McJimsey 2000, p. 107.
16. ^ Kennedy 1999, pp. 267–269. sfn error: no target: CITEREFKennedy_1999 (assistance)
17. ^ Kennedy 1999, pp. 271–272. sfn mistake: no target: CITEREFKennedy_1999 (help)
18. ^ Mary Beth Norton; et al. (2009). A People and a Nation: A History of the U.s.. Since 1865. Cengage. p. 670. ISBN978-0547175607.
19. ^ Achene, Andrew (1986). Social Security Visions and Revisions. New York: Cambridge University Press. p. 25-half dozen.
20. ^ Supremecourthistory.org Archived October six, 2008, at the Wayback Machine
21. ^ Henretta, James A. (Spring 2006). "Charles Evans Hughes and the Strange Death of Liberal America". Law and History Review/History Cooperative. Archived from the original on April 27, 2009. Retrieved September xv, 2019. {{cite web}}: CS1 maint: unfit URL (link)
22. ^ 298 U.S. 587 (1936)
23. ^ ^{a b c d east f grand} McKenna, Marian C. (2002). Franklin Roosevelt and the Great Constitutional War: The Court-packing Crisis of 1937. New York, NY: Fordham University Press. ISBN978-0-8232-2154-7.
24. ^ "Steward Car Company vs. Davis, 301 U.S, 548". Archived from the original on Nov 28, 2005. Retrieved December iii, 2005.
25. ^ p. 19 Archived Dec 29, 2009, at the Wayback Car
26. ^ "Curse of the Immature Erstwhile". Washingtonpost.com . Retrieved Nov 19, 2021.
27. ^ Kennedy 1999, p. 273. sfn error: no target: CITEREFKennedy_1999 (help)

Bibliography [edit]

• Bethell, Thomas N. "Roosevelt Redux." American Scholar 74.two (2005): xviii–31 online, a popular business relationship.
• Ikenberry, G. John. and Theda Skocpol, "Expanding social benefits: The role of social security." Political Science Quarterly 102.iii (1987): 389-416. online

• Kennedy, David M. (1999). Freedom from Fright: The American People in Depression and War, 1929-1945. Oxford University Press. ISBN978-0195038347.
• McJimsey, George (2000). The Presidency of Franklin Delano Roosevelt. University Press of Kansas. ISBN978-0-7006-1012-9.

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Source: https://en.wikipedia.org/wiki/Social_Security_Act

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