Reason.com - Free Minds and Free Markets
Reason logo Reason logo
  • Latest
  • Magazine
    • Current Issue
    • Archives
    • Subscribe
    • Crossword
  • Video
    • Reason TV
    • The Reason Roundtable
    • Free Media
    • The Reason Interview
  • Podcasts
    • All Shows
    • The Reason Roundtable
    • The Reason Interview With Nick Gillespie
    • Freed Up
    • The Soho Forum Debates
  • Volokh
  • Newsletters
  • Donate
    • Donate Online
    • Ways To Give To Reason Foundation
    • Torchbearer Society
    • Planned Giving
  • Subscribe
    • Reason Plus Subscription
    • Print Subscription
    • Gift Subscriptions
    • Subscriber Support

Log In

Create new account

Politics

Social Security and the Constitution

Damon Root | 9.22.2011 2:02 PM

Share on FacebookShare on XShare on RedditShare by emailPrint friendly versionCopy page URL Add Reason to Google
Media Contact & Reprint Requests

Here's a conservative legal argument about Social Security that you probably will not hear tonight at the Republican presidential primary debate. At The Originalism Blog, University of San Diego law professor Michael Ramsey argues that Social Security is perfectly compatible with the original public meaning of the U.S. Constitution. Ramsey admits that he's "no great fan of that program or of substantively unlimited federal spending," but nonetheless concludes that the Constitution does not forbid it. Here's part of his case:

Congress' power to enact Social Security arises from the first clause of Article I, Section 8 (…what I'll call the Spending Clause).  By that clause, Congress has power "To lay and collect Taxes . . . to . . . provide for . . . the general Welfare of the United States."

Nothing in that phrasing purports to limit the purposes of the spending to the powers listed in the rest of Article I, Section 8 (or elsewhere in the Constitution).  It appears on its face to be a stand-alone power – a textual point made by Alexander Hamilton soon after ratification.  If the framers had wanted to limit the clause's scope to subsequently listed powers, they knew how to do it.  Article I, Section 1 describes Congress as having "all legislative Powers herein granted" and Article I, Section 8's necessary-and-proper clause gives Congress power to make regulations "for carrying into Execution the foregoing powers…"  So when the drafters wanted to make limiting cross-references, they made them expressly.  Correspondingly, the Spending Clause could have said that Congress has power to collect taxes "to carry into execution the powers herein granted."  The fact that the spending clause is not drafted this way is good evidence that this is not what was intended.

Read the whole thing here.

Start your day with Reason. Get a daily brief of the most important stories and trends every weekday morning when you subscribe to Reason Roundup.

This field is for validation purposes and should be left unchanged.

NEXT: Reason Writers Around the Internet: Katherine Mangu-Ward Pivots to Jobs and Refuses to Eat Goldfish on Bloggingheads

Damon Root is a senior editor at Reason and the author of A Glorious Liberty: Frederick Douglass and the Fight for an Antislavery Constitution (Potomac Books). His next book, Emancipation War: The Fall of Slavery and the Coming of the Thirteenth Amendment (Potomac Books), will be published in June 2026.

PoliticsPolicySocial SecurityConstitution
Share on FacebookShare on XShare on RedditShare by emailPrint friendly versionCopy page URL Add Reason to Google
Media Contact & Reprint Requests

Show Comments (164)

Latest

The Best and Worst States To Be a Smoker

Reem Ibrahim | From the August/September 2026 issue

Brickbat: We Can Sort It Out

Charles Oliver | 7.27.2026 4:00 AM

Trump Says He Believes in Giving People a 'Second Chance.' For 6,000 People, the Answer Was No.

Billy Binion | 7.26.2026 7:00 AM

Bureaucracy, Labor, & Tariffs: How Government Is Making BLTs More Expensive

Eric Boehm | From the August/September 2026 issue

California's War on Goats Could Worsen the Wildfire Crisis

C. Jarrett Dieterle and Shawn Regan | 7.25.2026 7:00 AM

Recommended

  • About
  • Browse Topics
  • Events
  • Staff
  • Jobs
  • Donate
  • Advertise
  • Subscribe
  • Contact
  • Media
  • Shop
  • Amazon
Reason Facebook@reason on XReason InstagramReason TikTokReason YoutubeApple PodcastsReason on FlipboardReason RSS Add Reason to Google

© 2026 Reason Foundation | Accessibility | Privacy Policy | Terms Of Use

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Reason's July 4 Special!

For America's 250th, Get 2 Years of Reason for $17.76

Celebrate your independence with a subscription to Reason magazine, your most trusted source of honest, insightful news and analysis.

Subscribe to Reason