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:

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).

Current U.s. National Debt:

$36,167,124,467,492

Source