ph_visitor wrote:Case Name: FLEMMING V. NESTOR 363 U.S. 603
NO. 54. ARGUED FEBRUARY 24, 1960. - DECIDED JUNE 20, 1960. - 169
In this 1960 Supreme Court decision Nestor's denial of benefits was upheld even though he had contributed to the program for 19 years and was already receiving benefits. Under a 1954 law, Social Security benefits were denied to persons deported for, among other things, having been a member of the Communist party. Accordingly, Mr. Nestor's benefits were terminated. He appealed the termination arguing, among other claims, that promised Social Security benefits were a contract and that Congress could not renege on that contract. In its ruling, the Court rejected this argument and established the principle that entitlement to Social Security benefits is not contractual right.
There you have it.
Okay, you are reading the holding correctly. Congress can change benefits as it sees fit, though it is constrained by the due process clause from making arbitrary and patently irrational classifications. That should be an easy enough bar to get under, if Congress wanted to cut benefits because of insufficient funds.
I don't, however, understand what you mean when you say "it was a tax all along." Presumably you mean it was a general revenue tax all along rather than a dedicated tax for a specific purpose, which is what it was set up as, and is called. In this holding, however, the court affirms that it is a dedicated tax, which therefore, the court says, establishes a stronger expectation of benefits than for benefits conferred by government out of general tax revenues.
As a practical, political matter, the program is well protected at the moment. Bush's first order of business after getting reelected was to torpedo it, and that effort was stopped very quickly by a broad coalition. Should that coalition be unsuccessful in the future, and Congress cut benefits substantially, it seems to me that there is a good argument to be made under the due process clause if Congress has cut benefits after looting the SS fund. If that doesn't qualify as arbitrary and irrational I don't know what does. The Court (though not, likely, the current Roberts Court) might inquire as follows: "Why are you cutting social security, Congress? "Because there are insufficient funds." "Why is there not sufficient money in the trust fund, since it was fed by a dedicated payroll tax?" "Because we took the funds for other purposes." Doesn't sound like due process to me.