QUESTION IMAGE
Question
- this excerpt describes a new deal policy from the 1930s.
the constitutional basis of the social security act was uncertain. the basic
problem is that under the
eserve clause\ of the constitution (the 10th
amendment) powers not specifically granted to the federal government are
reserved for the states or the people. when the federal government seeks to
expand its influence in new areas it must find some basis in the constitution to
justify its action.
-larry dewitt, \the 1937 supreme court rulings on the social security act,\ social
security administration, 1999
based on the excerpt and your knowledge of u.s. history, which constitutional issue
was raised by this legislation?
o the shifting of responsibilities between the branches of the
federal government
o the authority of congress to pass laws that limit the size of
the federal government
o the ability of state legislatures to regulate interstate
commerce
o the authority of congress to pass laws necessary for the
general welfare
The Social Security Act was a New Deal policy. The constitutional issue raised by this legislation was about the balance of power between the federal government and the states. The "reserve clause" (10th Amendment) states powers not given to the federal government are for the states/people. When the federal government wants to expand (like Social Security), it needs a constitutional basis. The general welfare clause (Article I, Section 8) gives Congress power to tax and spend for the general welfare. This was used to justify the Social Security Act as it related to providing for the welfare of citizens (e.g., elderly, unemployed). Other options: The ability of state legislatures to regulate interstate commerce is more about commerce clause (not relevant here). The authority of Congress to pass laws that bind the states is too broad - the specific basis was general welfare. The federal government (as a whole) - the specific constitutional provision was the general welfare clause.
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The authority of Congress to pass laws necessary for the general welfare.