Constitutional Background to the Social Security Act of 1935 by Eduard A. Lopez *
When Franklin D. Roosevelt assumed the presidency in 1933. he introduced many New Deal initiatives to remedy the severe economic problems of the Nation. The Social Security Act contained provisions to help those persons most affected by the Great Depression-a national old-age insurance program for the elderly and a system of nationally *Office of the Legislative and Regulatory Policy, Social Security Administration.
uniform State unemployment programs for those without jobs. Although the Act was passed by overwhelming majorities in both Houses of Congress, there was concern that the Supreme Court would declare the programs unconstitutional. This article discusses the social security cases and the issues that preceded the Court’s decision to uphold those provisions. It gives an overview of the constitutional background to the Social Security Act of 1935.
Social Security Bulletin, January 1987/Vol. 50, No. 1
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