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Social Security Act - History

This article traces the legislative and institutional history of the Social Security Act of 1935, from its economic preconditions through its passage, subsequent amendments, and administrative development. For broader context, see the New Deal history page and the economics consensus page.

Background and Preconditions

Pre-Depression Landscape

Before 1935, the United States had no federal old-age insurance program. Provision for the elderly and indigent fell to family networks, private charity, and, in some cases, state or local poor relief. A handful of states had enacted old-age pension laws by the late 1920s, but coverage was sparse and benefits minimal. Workers injured or disabled on the job had limited recourse; most states had enacted workers' compensation laws following the 1910s progressive reforms, but these covered only workplace injuries, not general disability or poverty in old age.

Industrial wage labor had expanded rapidly in the late nineteenth and early twentieth centuries, eroding the agricultural and artisan economies in which extended family support had been more reliable. Urbanization concentrated poverty in ways that made it more visible and harder to address through informal means.

The Depression Context

The stock market collapse of October 1929 and the ensuing Depression produced unemployment rates that peaked near 25 percent by 1933. Savings were wiped out by bank failures. Elderly workers who lost employment had no income floor. State relief programs, underfunded in ordinary times, were overwhelmed.

Several movements emerged demanding federal action on old-age security. Francis Townsend, a retired California physician, proposed in 1933 a plan under which every American over sixty would receive $200 per month, funded by a national transaction tax, on the condition that they spend it within thirty days. The Townsend Plan attracted millions of adherents and dozens of congressional sponsors. Huey Long, Senator from Louisiana, promoted a “Share Our Wealth” program calling for redistribution of large fortunes. These movements created political pressure for a federal response and defined the outer bounds of what Congress might be willing to entertain.

Legislative Development

The Committee on Economic Security

In June 1934, President Franklin D. Roosevelt created the Committee on Economic Security (CES) by executive order, chaired by Labor Secretary Frances Perkins. The CES was charged with developing a comprehensive program of economic security for submission to Congress. Its members included the Secretaries of the Treasury, Agriculture, and Commerce, and the Federal Emergency Relief Administrator Harry Hopkins.

The CES drew on European precedents - particularly the German Bismarckian insurance model and British unemployment insurance - as well as on existing state programs. Staff economists including Edwin Witte, who served as executive director, and actuaries from the Treasury Department worked through late 1934 drafting proposals. The committee held public hearings in late 1934 and delivered its report to the President in January 1935.

The CES report recommended a contributory old-age insurance system, a federal-state unemployment compensation system, and grants to states for old-age assistance, aid to dependent children, and public health programs. Roosevelt insisted that the old-age insurance program be funded by payroll contributions rather than general revenues, over the objections of some economists who argued the contributory structure was economically suboptimal. Roosevelt's stated rationale was political: workers who contributed to the system would have an earned legal claim on benefits that future Congresses could not easily revoke.

Congressional Action

Roosevelt submitted the Economic Security bill to Congress in January 1935. It was referred to the Senate Finance Committee and the House Ways and Means Committee. Congressional hearings lasted through spring 1935. Business groups, including the National Association of Manufacturers, opposed the payroll tax as a labor cost increase. Some labor leaders, including those affiliated with the American Federation of Labor, expressed reservations about federal control over unemployment compensation, preferring state administration.

The House passed the bill in April 1935. Senate debate extended into July, with amendments adding and removing coverage categories. A conference committee reconciled the two versions. The Social Security Act was signed by President Roosevelt on August 14, 1935.

Structure of the Original Act

The act as enacted contained eleven titles addressing distinct programs:

Title I provided federal grants to states for old-age assistance - means-tested payments to the current elderly poor. Administration and eligibility criteria were left largely to states, subject to federal standards.

Title II established the federal old-age insurance program, subsequently known as Social Security. It created a contributory system of retirement benefits for workers in commerce and industry, funded by equal payroll taxes on employers and employees. Agricultural workers, domestic workers, and employees of nonprofit organizations were excluded from coverage. Benefits were to begin in 1942.

Title III provided grants to states to fund unemployment compensation systems. States were required to meet federal standards but retained significant discretion in benefit levels and eligibility rules.

Title IV established Aid to Dependent Children (ADC), providing federal matching funds for state programs assisting children without adequate parental support.

Remaining titles addressed public health grants, aid to the blind, vocational rehabilitation, and the administrative apparatus, including creation of the Social Security Board to oversee implementation.

Constitutional Challenge

The act's constitutionality was immediately challenged. Two cases reached the Supreme Court in 1937. In Steward Machine Co. v. Davis (301 U.S. 548), the Court upheld the unemployment compensation provisions, finding the federal-state cooperative structure a legitimate exercise of the taxing and spending power. In Helvering v. Davis (301 U.S. 619), the Court upheld the old-age insurance provisions under the same power, with Justice Benjamin Cardozo writing for the majority that Congress could determine what constituted the general welfare. The decisions were handed down in May 1937, months after Roosevelt had announced his court-packing plan, though the relationship between that proposal and the outcomes remains debated.

Major Amendments

1939 Amendments

The Social Security Act Amendments of 1939 substantially revised the original program before it had paid its first retirement benefit. The amendments added survivor benefits for widows and dependent children of covered workers, and spouse and dependent benefits for retired workers. The effective date of benefit payments was moved forward from 1942 to 1940. The 1939 changes shifted the program's character from individual savings toward social insurance, emphasizing household income replacement over the relationship between an individual worker's contributions and benefits.

Expansion of Coverage (1950s)

The 1950 amendments brought significant benefit increases and extended coverage to roughly 10 million additional workers, including regularly employed farm and domestic workers and the self-employed (other than certain professional categories). Benefit levels had eroded relative to wages and prices since 1940; the 1950 act increased them by 77 percent on average.

The 1954 amendments extended coverage further, including most remaining farm operators, additional self-employed groups, and state and local government employees whose employers elected participation. By the mid-1950s, coverage had expanded to encompass the large majority of the American workforce.

Disability Insurance (1956)

The Social Security Amendments of 1956 created Disability Insurance (DI), adding a new title to the program providing monthly benefits to workers aged 50-64 who became severely disabled and could no longer engage in substantial gainful activity. The disability determination process was delegated to state agencies under federal standards. The 1960 amendments removed the age-50 floor, extending disability benefits to disabled workers of any age.

Medicare and Medicaid (1965)

The Social Security Amendments of 1965 added Title XVIII (Medicare) and Title XIX (Medicaid). Medicare provided federal health insurance for Social Security beneficiaries aged 65 and older, divided into Part A (hospital insurance, funded by payroll taxes) and Part B (supplementary medical insurance, funded by premiums and general revenues). Medicaid provided federal-state matching funds for health coverage of low-income individuals. Both programs were signed by President Lyndon Johnson on July 30, 1965, in Independence, Missouri, in a ceremony attended by former President Harry Truman, whose own national health insurance proposals had failed in the late 1940s.

Cost-of-Living Adjustments (1972)

The 1972 amendments introduced automatic cost-of-living adjustments (COLAs) tied to the Consumer Price Index, replacing the prior practice of Congress enacting periodic ad hoc benefit increases. The amendments also created the Supplemental Security Income (SSI) program, federalizing and standardizing the previously state-administered programs for the aged, blind, and disabled poor under Title I, X, and XIV. SSI took effect in 1974.

1977 Amendments

Projections in the mid-1970s showed the Social Security trust funds heading toward insolvency within years, driven by high inflation, high unemployment, and a technical flaw in the 1972 COLA formula that resulted in double-counting inflation. The 1977 amendments corrected the indexing formula, increased payroll taxes, and raised the taxable wage base, restoring projected solvency for the near term.

1983 Greenspan Commission Reforms

By the early 1980s, the trust funds again faced short-term insolvency. President Ronald Reagan appointed a bipartisan National Commission on Social Security Reform, chaired by economist Alan Greenspan, in 1981. The commission's January 1983 report formed the basis for the Social Security Amendments of 1983, signed in April of that year.

The 1983 amendments included: a six-month delay in the 1983 COLA; taxation of up to half of Social Security benefits for higher-income recipients; coverage of federal employees and nonprofit employees; acceleration of previously scheduled payroll tax increases; and a gradual increase in the normal retirement age from 65 to 67, phased in for workers born after 1937. The 1983 act deliberately generated surpluses intended to pre-fund the retirement of the baby boom generation.

Administrative History

The Social Security Board, created by the 1935 act, was transferred in 1939 to the newly created Federal Security Agency. In 1946 the Social Security Board was abolished and replaced by the Social Security Administration (SSA) as a single-commissioner agency. The Federal Security Agency became the Department of Health, Education, and Welfare (HEW) in 1953; the SSA remained within it. Following the creation of the Department of Education in 1979, HEW was renamed the Department of Health and Human Services (HHS). The SSA was made an independent agency in 1995.

Controversies

Some historians argue that the exclusion of agricultural and domestic workers from the original Title II old-age insurance program was structurally designed to exclude black workers in the South; others contend the exclusion reflected administrative feasibility concerns and the political demands of Southern committee chairmen - see the exclusion debate viewpoint page-viewpoint.

The relationship between Roosevelt's 1937 court-packing proposal and the Supreme Court's contemporaneous decisions upholding the act in Steward Machine and Helvering - sometimes characterized as “the switch in time that saved nine” - remains contested among constitutional historians, as one of the deciding justices, Owen Roberts, had begun shifting his position before the court-packing announcement - see the New Deal constitutional crisis debate.

Whether the 1983 amendments constituted a successful long-term solvency fix or a postponement of structural imbalance remains a live dispute in policy economics - see the economics consensus page.

Footnotes

1. U.S. Social Security Administration, The Social Security Act of 1935, full text, ssa.gov/history/35act.html. 2. Edwin E. Witte, The Development of the Social Security Act (University of Wisconsin Press, 1962). Witte served as executive director of the CES. 3. Frances Perkins, The Roosevelt I Knew (Viking Press, 1946), ch. 23. 4. Steward Machine Co. v. Davis, 301 U.S. 548 (1937). 5. Helvering v. Davis, 301 U.S. 619 (1937). 6. Jerry R. Cates, Insuring Inequality: Administrative Leadership in Social Security, 1935-54 (University of Michigan Press, 1983). 7. Martha Derthick, Policymaking for Social Security (Brookings Institution, 1979). Standard legislative and administrative history. 8. Larry DeWitt, “The Decision to Exclude Agricultural and Domestic Workers from the 1935 Social Security Act,” Social Security Bulletin 70:4 (2010). Argues against the racial exclusion thesis on primary-source grounds. 9. Jill Quadagno, The Color of Welfare: How Racism Undermined the War on Poverty (Oxford University Press, 1994). Argues for structural racial intent in exclusions. 10. National Commission on Social Security Reform (Greenspan Commission), Report, January 1983, ssa.gov/history/reports/gspan.html. 11. Paul Light, Artful Work: The Politics of Social Security Reform (Random House, 1985). Account of the 1983 legislative process. 12. Sylvester J. Schieber and John B. Shoven, The Real Deal: The History and Future of Social Security (Yale University Press, 1999).

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