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SPOTLIGHT
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Readers duped by congressional lies

Published on -6/14/2012, 9:01 AM

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Some of the responses to a recent column prove Americans have been hoodwinked by Congress.

Some readers protested my counting Social Security among government handout programs that can be described as Congress' taking what belongs to one American and giving to another, to whom it doesn't belong -- legalized theft. They argued that they worked for 45 years and paid into Social Security and that the money they now receive is theirs. These people have been duped and shouldn't be held totally accountable for such a belief.

Let's look at it.

The Social Security pamphlet of 1936 read, "Beginning November 24, 1936, the United States Government will set up a Social Security account for you. ... The checks will come to you as a right." (ssa.gov/history/ssb36.html).

Americans were led to believe that Social Security was like a retirement account and that money placed in it was, in fact, their property. Shortly after the Social Security Act's passage, it was challenged in the U.S. Supreme Court, in Helvering v. Davis (1937). The court held that Social Security was not an insurance program, saying, "The proceeds of both employee and employer taxes are to be paid into the Treasury like any other internal revenue generally, and are not earmarked in any way."

In a 1960 case, Flemming v. Nestor, the Supreme Court said, "To engraft upon Social Security system a concept of 'accrued property rights' would deprive it of the flexibility and boldness in adjustment to ever-changing conditions which it demands."

Decades after Americans were duped into thinking that the money taken from them was theirs, the Social Security Administration belatedly and quietly tried to clean up its history of deception. Its website (www.ssa.gov/history/nestor.html) explains, "Entitlement to Social Security benefits is not (a) contractual right."

It adds: "There has been a temptation throughout the program's history for some people to suppose that their FICA payroll taxes entitle them to a benefit in a legal, contractual sense. ... Congress clearly had no such limitation in mind when crafting the law." The Social Security Administration's explanation fails to mention it was the SSA itself that created the lie that "the checks will come to you as a right."

Here's my question to those who protest that their Social Security checks are not handouts: Seeing as Congress has not "set up a Social Security account for you" containing your 45 years' worth of Social Security contributions, where does the money you receive come from? I promise you it is not Santa Claus or the tooth fairy.

The only way Congress can give one American a dollar is to first take it from some other American. Congress takes the earnings of a person who's currently in the workforce to give to a Social Security recipient. The sad fact of business is that Social Security recipients want their monthly check and couldn't care less about who has to pay. That's a vision shared by thieves who want something; the heck with who has to pay for it.

Then there's the fairness issue that we're so enamored with today. It turns out that half the federal budget is spent on programs primarily serving seniors, such as Social Security, Medicare and Medicaid.

But let's look at a few comparisons between younger Americans and older Americans. More than 80 percent of those older than 65 are homeowners, and 66 percent of them have no mortgage. Homeownership is at 40 percent for those younger than 35, and only 12 percent own their home free and clear of a mortgage. The average net worth of people older than 65 is about $230,000, whereas that of those younger than 35 is $10,000.

There's nothing complicated about this; older people have been around longer. But what standard of fairness justifies taxing the earnings of workers who are less wealthy in order to pass them on to retirees who are far wealthier? There's no justification, but there's an explanation.

Those older than 65 vote in greater numbers and have the ear of congressmen.

Walter E. Williams is the John M. Olin Distinguished Professor of Economics at George Mason University, Fairfax, Va.

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