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Annotated Bibliography

Primary Sources
"Fireside Chat 7: On the Works Relief Program and Social Security Act (April 28, 1935)." Miller
Center. Rector and Visitors of the U of Virginia, n.d. Web. 21 Sept. 2015.
This web page has the transcription and the recording of one of President Franklin
Roosevelts fireside chats. In it he expresses the reasons why he plans to begin the Social
Security program and the effects he anticipates. This speech gives insight into the
original intent and reasoning behind the creation of the program.
Guelzo, Allen C. Apples of Gold in a Picture of Silver: Lincoln, the Constitution, and Liberty.
Abraham as a Man of Ideas. Carbondale: Southern Illinois UP, 2009. N. pag.
Books.google.com. Google Inc. Web.
This book discusses several aspects, characteristics, and talents of the 16th president
Abraham Lincoln. It is a collection of essays that examines the ideas and beliefs of
Lincoln. The quote from Abraham Lincoln is quoted in this book.
Madison, James. "Federalist No. 42: The Powers Conferred by the Constitution Further
Considered." 22 Jan. 1788. Lib. of Cong., Washington, DC. The Library of Congress.
Web. 1 Nov. 2015.
James Madison argues in Federalist No. 42 that the federal government must have the
power to regulate commerce between states in order to manage foreign commerce
effectively. If the federal government were not empowered to regulate interstate
commerce, the states would act in self-interest, apportioning taxes to imported goods in

favor of their own profit. Discord would then ensue, and the country would not be able
to engage with the rest of the world as a single entity. Madisons argument results in the
inception of the Constitutions Commerce Clause, which is the federal governments
justification for the constitutionality of Social Security.
Speech of Patrick Henry (June 5, 1788)." American History from Revolution to Reconstruction
and beyond. U of Groningen, n.d. Web. 1 Nov. 2015.
This contains Patrick Henrys speech, which challenges the ideas behind the Commerce
Clause, during the Constitutional Convention. He shows the high improbability that the
proposed federal government can be limited once it is established. He questions the
delegates, asking them what it is they desire for the country. If they desire military
greatness, economic greatness, world renown, then yes, the new government makes
sense. But if they want to preserve liberty, they should not support the new government
because it threatens liberty.
Secondary Sources
"Commerce Clause." Legal Information Institute. Cornell University Law School, n.d. Web. 27
Oct. 2015.
This page describes the Commerce Clause and its history. In order to determine the
constitutionality of the Social Security Program, it is necessary to examine the Commerce
Clause and its history because the federal government uses the clause to justify its
expansion. The history of the clause is especially important because the various court
cases that have addressed it clarify or redefine the limits of the federal governments
power based on the circumstances.

"CONSTITUTIONAL RIGHTS FOUNDATION Bill of Rights in Action." BRIA 20 2 C Hobbes,


Locke, Montesquieu, and Rousseau on Government. Constitutional Rights Foundation,
n.d. Web. 13 Feb. 2016.
Summarizes these four philosophers thoughts on the role of government and how it
should be organized. Specifically, Hobbes and Locke believe in the social contract theory,
though both have slightly different views on who is involved in the contract. Locke also
believes in the superiority of peoples individual rights while Hobbes is more focused on
the government similar to a Leviathan with a king.
Denby, Charles, Jr. "The Case against the Constitutionality of the Social Security Act." Law and
Contemporary Problems 3.2 (1936): 315-31. JSTOR. Web. 22 Dec. 2015.
The article begins with a brief history and a description of important parts of the Social
Security Act. The federal government only has those powers which are expressly
delegated to it by the Constitution or are reasonably implied from those granted (318).
The federal government therefore has the power to regulate certain normally-local
concerns, if they directly affect a federal power, such as regulation of interstate
commerce. The federal government cannot, however, infringe upon the states rights.
The difficult matter is that one can always justify with logic the extension of federal
power into the states sphere, but the states rights must be protected to preserve the
United States dual system of government, which is a hallmark of American freedom
(319). In the case of many of the New Deal legislations, the laws were considered to be
logical extensions of federal power, but they were in fact greatly reducing the power of
the states. According to the Courts ruling in Bailey v. Drexel Furniture Co., even if a

law is designed to promote the highest good, it must be rejected if it is unconstitutional


(320). Therefore, even if the Social Security Act is desirable, beneficial, and necessary in
every way, if it does not have a constitutional basis, it cannot be maintained. An
examination of the Act according to the commerce, taxing, and general welfare powers of
the federal government is then necessary to determine the Acts constitutionality, but after
examining those three powers, this article concludes that the Social Security Act was
unconstitutional.
Powell, Thomas Reed. The Constitution and Social Security. The Annals of the American
Academy of Political Science 181 (1935): 149-158. JSTOR. Web. 13 Dec. 2015.
This chapter emphasizes that ultimately, Supreme Court justices cannot claim the
Constitution as their proof for voting for or against an act because they each bring their
own worldviews in interpreting the Constitution. They point to the same parts of the
Constitution and come to different conclusions. Along with the point that the
Constitution does not inherently have the answers to all questions, the justices claims
show that the Courts decisions should not be held as absolute decisions by which to
measure all future cases. Powell agrees that before the industrial age, compulsory
pension would be harmful because people generally reaped what they sowed; to the
degree of work they input they received. If they chose to work in risky situations, any
consequences would be their fault. After the industrial revolution, the most that can be
hoped for is a minimum of security (157). A big problem is that employers cannot offer
security plans unless they wish to be at a disadvantage because it is at their expense and
to their demise, if competitors do not also provide security plans. The only way to ensure

security for employees is through legislative compulsion. The question, then, is whether
or not employers should be required to offer security plans. Powell believes that required
security falls under the Commerce Clause because placing such an obligation on an
industry, which involves itself in commerce, is a regulation of commerce. He does not
discuss whether employees deserve security, but he does express that an industrial system
without security for employees is dangerous. He also thinks that those who desire
security would disagree with the practice of their security being denied simply because of
five mens opinion.
Saletta, Chuck. "Social Security Is Failing Even Faster Than We Thought." DailyFinance. N.p.,
14 Feb. 2012. Web. <http://www.dailyfinance.com/2012/02/14/social-security-is-fa ilingeven -faster-than-we-thought/>.
This article is focused on why social security is no longer effective in todays society. It
provides statistics on the decreasing annual return of money that citizens are receiving. It
focuses on the idea that an individual hoping to save up money for its retirement program
through the Social Security Program may not receive the expected results in the near
future. It is also assumed that the amount of money that is returned over the next ten
years will continue to decrease.
Shulman, Harry. The Case for the Constitutionality of the Social Security Act. Law and
Contemporary Problems 3.2 (1936): 298314. Web
This article has various arguments supporting how the constitution backs the actions
taken in the creation of the Social Security Act, including the clause on taxes. It points

out the similarities between the taxes of the social Security Act and grants in aid from
other previous acts which were deemed constitutional. It asserts that the appropriation for
the general welfare operate throughout the nation. The government realizes that states
need federal aid, therefore there is no regulation or coercion. The actions that the
government has taken in passing the act are some measures to protect states rights, not to
infringe them.
"Social Security." Course: Introduction to. N.p., n.d. Web. 29 Sept. 2015.
This page provides a brief overview of SSA, and includes an explanation of the Agency,
the coverage, and the benefits. Social security has several purposes: to provide for the
material needs of individuals and families, to protect aged and disabled persons against
the expenses of illnesses that may otherwise use up their savings, to keep families
together, and to give children the chance to grow up healthy and secure. Social Security
is more than a retirement program. It can help support your family when you die and
provide monthly benefits when you retire or if you become severely disabled. The benefit
amounts are based on the earnings reported to the Social Security Administration. This
would be a really good source, not only this page but the whole site, for referencing the
modern effects of social security and how it has changed over the years."
"Social Security: Then and Now." Times Reporter. N.p., 1 Apr. 2012. Web. 13 Oct. 2015.
Social Security was established in response to various radical ideas presented by
individuals across America to deal with the growing amount of elderly living in poverty
after the Great Depression. The original purpose was to pay retired workers age 65 and
older a continuing income after retirement. These benefits were based on payroll tax

contributions that the worker made during life. Payroll taxes began to be collected in
1937, and Social Security payments started in 1940. This article talks quite extensively
on the details of the social security program and how it hasnt changed that much. But,
the program might be looking forward to future changes to help retired workers. If we are
arguing that social security was once needed and is now too intrusive, we can show how
little social security itself has changed and how much people and society have shifted.
Social Security: Understanding the Benefits." June 2015. PDF file.
This PDF is written by the U.S government social security organization itself. This PDF
talks about the purpose of social security and what it provides to citizens. Therefore, this
PDF can be used to help readers better understand what social security is really about. It
is simply a whole bunch of facts about what social security is."
Winant, John G. "The Constitution and Social Security." The Annals of the American Academy of
Political and Social Science. Vol. 185. N.p.: Sage, 1936. 22-28. JSTOR. Web. 18 Nov.
2015.
This chapter argues that Social Security is constitutional because the Constitution was
never meant to be a strict code of laws; rather, it was supposed to give a general direction
for governing. The Founders knew that times would change, and so they purposely did
not outline and define every term; they wrote the Constitution in a flexible form that
could be interpreted based on the context of the time. The most important part of the
Constitution is preserving the ends of government, as listed in the preamble. The
question is not whether the constitution explicitly allows for Social Security but whether
Social Security advances the ends the Constitution hopes to accomplish. The

Constitution includes the Necessary and Proper Clause for a reason. The author also
points out that local, state, and federal governments should not be competing against each
other but work together to promote the end goals of government, determining as time
passes which level of government and which method best suit the task. This chapters
arguments can serve as a counterargument to the assertion that Social Security is
unconstitutional.

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