Social Security is constitutional because it is voluntary for U.S. citizens.
The first SS law was held unconstitutional in 1935 in the court case Railroad Retirement Board v Alton Railroad.
So, in order to get around that problem, FDR signed a treaty, International Labor Agreement, with the advise and consent of the Senate.
Article VI, Section 2,
"2. This constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States shall be the supreme law of the land; and the judges in every state shall be bound thereby, any thing in the constitution or laws of any state to the contrary notwithstanding."
Medicaid is constitutional becuase of,
Article I, Section 8 Clause 1.
"1. to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defence and general welfare of the United States; but all duties, imposts and excises shall be uniform throughout the United States:"
The Medicaid tax is an excise tax. It is uniform throughout the US. Everyone pays and everyone pays the same percentage rate of tax.
These are the short answers to the question of constitutionallity of SS and Medicaid.
We citizens need to fear treaties as the greatest threat to our liberty and sovereignity.
The EPA exists because of treaties signed by Nixon. Why do you think the Democrats want the Kyoto treaty signed so badly.
Excellent point. There was an attempt in the Fifties to pass either legislation or an amendment to do exactly that-eliminate or refuse any treaties contrary to the Constitution and National Sovereignty.
I may find it after a search. I know Neal Boortz has discussed this.
Best regards,
You missed this, the most important clause in that section. 'Under the authority of' -- just where does the United States get it's authority? Laws and treaties -- if in opposition to constitutional or Amended constitutional principles are invalid, period. Alcohol prohibition was correctly enacted by amendment, and was later recanted again by amendment. FDR violated those constitutional principles when he bulled that 'treaty' into law.
"All laws which are repugnant to the Constitution are null and void."
-- Marbury ~vs~ Madison, 5 US (2 Cranch) 137, 174, 176, (1803)