bornliberal

Many wonder how social programs arise from the Constitution, so here is a brief history from one author I have further reduced. See link below for full article. There was an initial attempt by the conservative founders to prevent money being spent on the American people who pay the taxes. FDR cleared the way for social programs, and I am not sorry he did in a capitalist society.

Article I, Section 8.
The Congress shall have Power
"To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and General Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;.."




Few americans realize that up until 1937 the Congress of the United States conducted its business within the boundaries of seventeen enumerated powers granted under Article I Section 8 of the United States Constitution. [Appx. 1] these powers defined clearly the areas of national purposes over which Congress could enact legislation including the allocation of funds and levying of taxes. Anything not set down in the enumerated powers was considered outside the purview of the national government and hence, a matter for the states. There were occasional challenges to the concept but it was not until Franklin Roosevelt's new deal that it was attacked in deadly earnestness.

Ill winds prevailed against the Constitution in the 1930'S. The country was in the depression and Franklin D. Roosevelt asked for extraordinary "powers similar to those necessary in time of war," to meet the emergency. Poorly crafted legislation, some of it not printed in time for floor vote were rammed through a docile and Compliant 73RD Congress. Everything he asked for was given, with little or no debate.

The first of the new deal statutes to reach the Supreme Court for review, arrived in January 1935. in the sixteen months following, The court decided ten major cases or groups of cases involving new deal statutes. In eight instances out of ten the decisions went in favor of the United States Constitution and against the new deal. Eight of the ten pieces of "must legislation" were found to be unconstitutional.

The President reacted as one would after having received a kick in a sensitive area. He went to the american people with a fireside chat and stated

"we have therefore, reached the point as a nation where we must take action to save the Constitution from the Court and the Court from itself." (March 9,1937) [II [P.754]
The President declared war on the Supreme Court.
To appreciate the depth of FDR's resolve in such issues, one need only read his correspondence to representative Snyder of Pennsylvania asking Congress to pass the national bituminous coal conservation act regardless of any doubts, "however reasonable," that it might have about the bill's Constitutionality. It appeared in this case at least, the President was urging Congress to disregard the Constitution. [2] [p.738]

"In November 1936 the Democratic Party won an overwhelming victory at the polls. The election confirmed the Roosevelt administration in power and inspired the President to attempt a reorganization of the Judiciary in order to win control of that last remaining outpost of conservative Constitutionalism, the United States Supreme Court." [2] [P.749]

Constitutional historians refer to what happened next as the "Revolution of 1937." The President proposed that for each sitting justice over the age of seventy there be appointed one new Justice to "help them with their case load." In reality FDR wanted to pack the court with six additional justices willing to declare all of his "must legislation" Constitutional.

Chief Justice Hughes was traumatized. He looked for a way to disengage the Presidents plan which appeared almost certain to pass both houses and be signed into law. What to do? What was about to happen would ultimately lead our country to the clear and present danger of economic insolvency.

One observer noted "Hughes was profoundly convinced that what was at stake in the crises precipitated by the [Presidents] court plan was nothing less than the fate of the Supreme Court's historic role as guardian of the Constitution." He went on to state that What happened next was a "decision to retreat in the immediate skirmish in order to insure victory in the larger, struggle for judicial supremacy." [3] CP.111)

The supreme court at the time consisted of four conservatives, three liberals, one moderate, and one swing. The liberals were; Stone, Cardozo and Brandeis. The conservatives were: McReynolds, Sutherland, Butler, and Van Deventer. The moderate was Hughes. The swing was Roberts.

Hughes prevailed on Roberts to desert the Conservative camp, swing over with him and join the three liberals in declaring the social security cases [Steward Machine Co. v. Davis (301 us 548, May 24, 1937)] Constitutional.[4] [P.56] This Roberts did, and by so doing, took the wind from the sails of the President's court packing plan. It went back to committee and died. one Administration official called the court's action, "the switch in time that saved nine."

This decision said in effect, Congress would no longer be held to enumerated powers but instead could tax and spend for anything; so long as it was for "general welfare."

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http://constitutionalawareness.org/genwelf.html