Social Security Act
Social Security Act (1935)
1) Link to the Text of the Act
Read the statute (42 U.S.C. § 301 et seq.)
2) Why It Was Done
Enacted during the Great Depression to provide a federal safety net for the elderly, unemployed, and disadvantaged. It created programs for old-age pensions, unemployment insurance, and welfare benefits.
3) Pre-existing Law or Constitutional Rights
Before 1935, social welfare programs were largely state or local. The Act marked a major expansion of federal responsibility for economic security.
4) Overreach or Proper Role?
Supporters hailed it as essential relief and a cornerstone of modern social policy. Critics at the time argued it overstepped federal authority, but the Supreme Court upheld it as constitutional in 1937.
5) Who or What It Controls
- Federal agencies (primarily the Social Security Administration)
- States (co-administer unemployment and welfare programs)
- Employers and employees (fund Social Security via payroll taxes)
6) Key Sections / Citations
- 42 U.S.C. § 301 et seq.
- Title II: Old-Age, Survivors, and Disability Insurance (OASDI)
- Title XVIII: Medicare (added in 1965)
- Title XIX: Medicaid (added in 1965)
7) Recent Changes or Live Controversies
- Long-term solvency concerns for Social Security Trust Funds
- Political debates over raising retirement age, adjusting benefits, or modifying payroll tax caps
- Ongoing state-federal debates over Medicaid expansion under the ACA
8) Official Sources