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To: PhilipFreneau
What you are explaining is a lie that has been promoted as the truth. If you knew your history you would have never posted that 1937 decision as a serious decision. You would know that the decision was not made freely, but rather out of intimidation (more like extortion) of the court by FDR.

It is no lie that the Supreme Court has made decisions that confirm the constitutionality of the Social Security Act.

You are, I believe, referring to the so-called "switch in time that saved nine." Here's a short description, pulled from Google :

The explanation is simplified for the sake of easy reading. The Supreme Court was actually divided. Before the Court-packing scheme, the Supremes usually voted 5-4 against the New Deal programs. Under the pressure of Roosevelt's threats, Justice Roberts is the one who changed the balance of the court. With his liberalized vote, the Court started voting 5-4 in favor of the New Deal programs, including Social Security. Justice Robert's conversion is called the "switch in time that saved nine."
A couple of facts:
Congress is free to increase or reduce the size of the Supreme Court any time it likes. In the 19th Century the Congress would reward Presidents it liked by increasing the size, thus allowing their favorite to make bonus appointments. Likewise, it would punish Presidents it didn't like by shrinking the court, depriving the executive of opportnuities to make appointments. Congress still has that right and could increase the size of SCOTUS to 15 tomorrow if it so chose, giving President Bush 6 vacancies to fill. I daresay that there are many on FR that would like it to exercise that option right now. So the threat of Roosevelt, who had won be a record landslide, to ask Congress to exercise that constitutional right may have exerted pressure on the justices, but it was entirely legitimate nonetheless.

Second, passing constitutional laws is the duty of both the Congress and the President. It is also their duty to seek the repeal of laws they believe unconstitutional. Those duties are implicit in their oaths of office. So if the Social Security Act is unconstitutional, every Congress and President since 1937 shares in the blame.

76 posted on 12/16/2003 7:19:20 PM PST by Looking for Diogenes
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To: Looking for Diogenes
It is no lie that the Supreme Court has made decisions that confirm the constitutionality of the Social Security Act.

That is a lie. The truth is, the Supreme Court has made decisions that usurp the constitution, or that support usurpation by other branches. Rulings that allow the congress to do anything it pleases in the name of "general welfare" is just one example of those usurpations.

Second, passing constitutional laws is the duty of both the Congress and the President. It is also their duty to seek the repeal of laws they believe unconstitutional. Those duties are implicit in their oaths of office. So if the Social Security Act is unconstitutional, every Congress and President since 1937 shares in the blame.

You are correct. The collusion that consolidated all power in Washington has rendered the Constitution a worthless piece of paper, except when touted in exhibits of pretend-patriotism in routine campaign speeches.

BTW, modern day revisionist history is much too kind to FDR, including his court-packing scheme. If you want a closer representation of the truth about FDR (and his extreme left-wing wife, Eleanor), you need to look much further back. Try "The Roosevelt Myth", by John T. Flynn, c1948.

79 posted on 12/16/2003 8:32:26 PM PST by PhilipFreneau
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To: Looking for Diogenes
Your ignorance of military history is noted. The Air Force started out as the Army Air Corps. It wasn't until 1947 that the National Security Act reorganized the Air Corps into the stand alone Air Force under the auspices of the Joint Chiefs.

And yes, every Social Security tax, Medicare tax theft, federal drug law, and gun restriction are as equally un-Constitutional. Your attempts at justification are exemplary proof of the dangers of "mission creep" and incrementalism.

89 posted on 12/17/2003 11:32:27 AM PST by Dead Corpse (For an Evil Super Genius, you aren't too bright are you?)
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