The first circuit court of appeals decides Davis v. Edison Electric Illuminating, declaring the (second) Social Security Act to be unlawful: “The assistance if those incapacitated by age from earning a livelihood is one the of the powers belonging to, and burdens imposed on, the [S]tates at the time of the adoption of the [f]ederal Constitution.”
The first circuit court of appeals hands down Davis v. Boston & Maine Railroad, declaring the (second) Social Security Act to be lawful:
The power vested in C[ON]gress under section 8 of article 1 of the Constitution is undoubted a broad power and covers a wide range of taxable subjects, but that it was intended by those adopting the Constitution that it should readh every possible relation between employer and employee [business and worker] was a subject for taxation we cannot agree.
NOTE: The reason for conflicting decisions from the same court is that they were decided by two different three-judge panels. This demonstrates the political bias that judges write into their ostensibly unbiased decisions.
[added 7/17/2022]
Subsequent Events:
Authority:
Article X of Amendment
ccc-2point0.com/constitution-for-the-united-states
“Law of the Jungle”
ccc-2point0.com/preface
References:
Davis v. Boston & Maine Railroad, 89 Federal Reporter 2d series 368, 395 (1937).
Davis v. Edison Electric Illuminating, 89 Federal Reporter 2d series 393, 395 (1937).
Schiff, Social Security, 78(n6).