So No Damn Politician Ever Scrap It: The Constitutional Protection of Social Security Benefits

Abstract

Is the nation’s old-age pension system bankrupt? Each year brings repeated warnings of a need for immediate reform. Yet somehow, reasonable people and even experts dispute both the severity of the crises and the scope of the reforms, if any, that ought to be taken. Completely overlooked in the debate, however, are the legal and even constitutional limits to any reformation plan. President Roosevelt intended to create a program that would withstand political compromise—a program that would create a “legal, moral, and political right” to the receipt of benefits. Nearly seventy years after Social Security’s creation, we must ask: Did Roosevelt succeed?