I have a longtime friend who is a federal attorney, and has been for many years. He sent this to me.
THE TRUTH ABOUT SOCIAL SECURITY
One of the least known facts about Social Security is that, although the government does have a moral obligation to pay Social Security benefits to those who have earned them, the government does not have a legal obligation to do so.
In a 1960 ruling by the United States Supreme Court, the court ruled that nobody has a "contractual earned right" to Social Security benefits. Section 1104 of the 1935 Social Security Act specifically states,
"The right to alter, amend, or repeal any provision of this Act is hereby reserved to the Congress."
According to the above strong language, Congress could do whatever it wanted to do with regard to changing or even eliminating Social Security.
Some did not take the language seriously because they thought it was probably unconstitutional. However, in 1960, in the case of Fleming v. Nestor, the Supreme Court upheld the denial of benefits to Nestor, even though he had contributed to the program for 19 years and was already receiving benefits In its ruling, the Supreme Court established the principle that entitlement to Social Security benefits "is not a contractual right."
As a result of the 1960 Supreme Court ruling, the future of Social Security is totally in the hands of Congress and the President.
They have the legal authority to amend any and all parts of the Social Security Act, as well as the authority to either increase or decrease Social Security benefits.
BILL CHERRY, REALTORS
Dallas - Park Cities
Since 1964
214 503-8563
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