They most certainly can. They confiscated all the gold in the country for the last Great Depression. There was no ruling that it was illegal, so now it's precedence.
The question is how they will. Direct confiscation, confiscatory taxes on 401k accounts to make up for the 'missed' taxes, or confiscation by inflation, are among the choices. But the goal is definitely to break the back of the middle class.
Two honorable justices objected to SS on 10th Amendment grounds. They also rejected “general welfare” baloney out of hand.
FDR's threat of court packing had the desired effect. Much of his New Deal passed court muster.
A pubbie would have been impeached several times over had he tried similar intimidation of Scotus.
>>They confiscated all the gold in the country for the last Great Depression.
correction: tried to confiscate.