FDR and the Origins of Social Security

by Bill Hunot, Senior Public Affairs Specialist

Social Security Administration

St. Louis Missouri

 

 

Critics of Franklin Delano Roosevelt have said that 1935 was the optimum time to introduce social security legislation in the United States, but FDR failed to seize the day.  As the story goes, the wealthy Roosevelt wanted—above all—to preserve American capitalism for himself and his class and was interested in social legislation only as a way to prevent social revolution.  The consummate politician, Roosevelt saw where the social security parade was headed and jumped out in front to lead it, steering it as far to the right as possible.  The result was a modest piece of legislation.  A less conservative chief executive would have, and could have, pushed legislation through Congress to establish a much more comprehensive and generous social security program: one that included old-age insurance, survivors insurance, disability insurance, unemployment insurance, and a national health insurance plan.[1]

However, the evidence shows something very different:  FDR, motivated by his great empathy for less fortunate Americans, strove to establish “cradle-to-the-grave” social security.  Gauging the political winds and taking into account the prevailing 1930s wisdom about economic policy, he calculated how much social security would be accepted by the American people, the economy, and the political power brokers, and got the most progressive law anyone could reasonably have expected in 1935.

 

What is Social Security?

The earliest known use of the term “social security”—albeit as an abstract concept—was by Simón Bolivar, the South American revolutionary and politician, in an 1819 speech about the proper functions of government.[2]  Common use of the term started sometime after May 18, 1933, when a leading advocate and expert in social insurance, Abraham Epstein, changed the name of his organization from the American Association for Old Age Security to the American Association for Social Security.[3]  As used in the United States in the 1930s, social security evoked a wide variety of social insurance and public assistance programs.  In fact, much of the 20th century debate about establishing social security for the United States centered on the relative morality and social consequences of social insurance versus public assistance.

The term “social insurance” refers to government programs providing benefits to people who have earned the right to those benefits through their work.  Like private insurance, social insurance spreads the risk of specified hazards among all participants in the system.  Unlike private insurance, social insurance has social objectives that sometimes overrule the interests of individual participants.  Typically, funding for social insurance comes from earmarked payroll taxes levied on workers and/or their employers.  Politicians and bureaucrats often euphemistically call these taxes “contributions,” and a term frequently associated with social insurance is contributory.  Social insurance is not means tested.  In other words, regardless of their means—rich, poor, or anywhere in between—workers and their families receive payments from social insurance if they fulfill a set of pre-defined requirements.

Today, the Social Security Administration administers three social insurance programs: retirement insurance (originally known as old-age insurance), survivor insurance, and disability insurance—usually collectively called Social Security (with capital letters).  Other examples of social insurance in the United States include Medicare's Hospital Insurance program, Railroad Retirement, veterans’ benefits, unemployment insurance, Black Lung benefits, and workers' compensation.

Public assistance, as the name implies, refers to any means-tested government-provided aid to the poor.  Entitlement to public assistance depends solely on need—no work history is required.  Funding comes from general revenues of the state or federal government, or from a combination of state and federal funds.  Depression-era politicians called public assistance “the dole,” which had the same unnecessarily negative connotations as “welfare” does today.

Examples of public assistance in the United States include now-defunct programs called Old-Age Assistance (in some places called Old-Age Pensions), Aid for Families with Dependent Children, and Aid to the Permanently-and-Totally Disabled; plus the present-day Supplemental Security Income, Temporary Assistance for Needy Families, and Medicaid.[4]

 

The Evolution of Social Security

When President Franklin Roosevelt took office in 1933, social security was far from a radical—or even novel—concept.  Social security-like government programs had already been around for two millennia.  Philosopher and bureaucrat Confucius, who lived from 551 to 479 BCE, wrote that the Chinese empire of his time provided “regular allowances” to orphans, widows and widowers, and “old men without sons.”[5]  Imperial Germany began the first modern social insurance system under the auspices of Chancellor Otto von Bismarck.  As a countermeasure to more radically socialistic proposals, Bismarck established mandatory old-age and invalidity (disability) insurance in 1889.  Great Britain started unemployment and disability insurance in 1911 and added old-age and survivors insurance in 1925.[6]

By 1933, at least 39 countries operated social security programs of some kind for old-age and/or unemployment.  Belgium, Bulgaria, Czechoslovakia, France, Germany, Great Britain, Greece, Hungary, Luxembourg, Netherlands, Poland, and the USSR all had compulsory social insurance for old-age, disability, and survivors—social security systems more advanced than the American system would be until 1956.[7]

            Closer to home, Thomas Paine made the first known proposal for social security in the United States in 1795.  Paine, famous for his best-selling American Revolution manifesto, Common Sense, also wrote a pamphlet he titled Agrarian Justice.  In it, he outlined an innovative system of social insurance—funded by a 10 percent inheritance tax—that he believed would work in any country (he published Agrarian Justice in English and French).  He included revenue and spending projections based on a detailed demographic model.  His plan called for one-time cash payments of 15 pounds sterling to every 21-year-old, which would give each young person a good start in life.  He also proposed annual 10-pound pensions for all Americans—regardless of their means—if they were “lame or blind” or had attained age 50.[8]

Abe Bortz, official historian of the Social Security Administration from 1963-1985, saw each of the following programs as significant steps toward the development of social security in the United States: pensions for disabled Revolutionary War veterans, 19th century government health programs for merchant seamen, and post-Civil War pensions for disabled Union Army veterans and their widows.[9]

After 1880, America gradually changed from rural to urban, and from agricultural to industrial.  As a result, the family farm with its multi-generational extended family—a traditional source of economic security for the aged and disabled—began to disappear:[10]

 

In the country household there is a place for the aged parent or grandparent.  The family has a settled abode, and economic interest reënforces (sic) filial regard in securing to old people proper care and consideration.  So long as any strength remains, there is useful work about the house or farm which they may do.  Moreover, the cost of maintaining an aged relative in the country is so small as to seem an insignificant burden.  In the crowded tenement house of modern cities the situation is very different.[11]

 

 

As those societal changes took their toll, proposals for social security systems began to appear.  FDR was not the first Roosevelt to propose social security for the United States; during Theodore Roosevelt’s run for re-election to the presidency as the Progressive Party’s candidate in 1912, he pledged to work “unceasingly” to protect workers against the “hazards of sickness, irregular employment, and old age through . . . social insurance.”[12]  Isaac Rubinow, who helped write the Progressive Party platform, was a great influence on TR.  Rubinow’s 1912 book, Social Insurance, was the standard on the subject until he published a later work, The Quest for Security, in 1934.[13]

            FDR first demonstrated his interest in social security during his years in New York state government.  State Senator Roosevelt voted for workers’ compensation in 1910.  After the economy collapsed during the Depression, Governor Roosevelt proposed and signed legislation to begin old-age pensions and unemployment insurance.  Also during his gubernatorial career, FDR began his association with Frances Perkins, who would be his greatest influence in matters of social legislation.  Perkins, a social worker by trade, headed New York’s state Industrial Commission.  During that time, she introduced Roosevelt to the ideas of Rubinow, Epstein, and other social security experts.[14]

When Roosevelt decided to publicly endorse compulsory unemployment insurance for all American workers—he was the first important politician to do so—he asked Perkins to prepare him a few words to that effect.  When Roosevelt delivered those words as part of a larger speech at a 1930 national governor’s conference, Perkins was disappointed.  FDR had shortened her remarks and toned down her rhetoric.  He had not, she believed, stated their case “emphatically enough.”  However, the next day, when Perkins saw the favorable press coverage, she changed her assessment of his strategy:

 

[H]is judgment proved to be right.  He had toned it exactly right for absorption and approval by the governors.  The fact that every newspaper played it as “Governor Roosevelt Comes Out for Unemployment Insurance” showed his power to gauge the public reaction.  If he had been more emphatic, there would have been an immediate shying away by all except the already convinced.[15]

 

 

Also in that speech, but hardly noticed, Roosevelt called for a contributory old-age insurance program.[16]

 

The Great Depression

While Roosevelt was still governor and Herbert Hoover was still President, the need for social security became critical.  The stock market crashed, and the economy collapsed. The unemployment rate grew to 25 percent, and only 25 percent of the unemployed received any kind of assistance.  The plight of the 7.6 million elderly Americans was even direr.  Over half of them relied on private charities, public poorhouses, or their families for support.  After several years of Depression, many younger people could no longer help their older relatives—they were struggling just to feed themselves and their children.  Private charities were strapped.  So were the few local-government relief agencies.  Twenty-eight states had newly-formed old-age assistance programs.[17]  However, the benefit amounts from those programs were tragically inadequate: payments averaged just 65 cents per day, and only 3 percent of the elderly received any payments at all.[18]

Despite the country’s economic ills, passing social security legislation would not be easy.  The United States was hardly a hot bed of leftist politics.  In the 1932 Presidential election, Socialist Party candidate Norman Thomas had drawn just 884,000 votes; the Communist candidate drew only 102,000.  Conservative Republican Herbert Hoover, after four miserable years as President, received nearly 16 times as many votes as the Communist and Socialist combined.[19]  Many economists still believed that the Depression was part of a natural economic cycle that would pass with time without any government intervention.[20]  Many conservatives believed that social security would start the country sliding down a slippery slope to socialism.  Hoover called unemployment insurance the most dangerous idea ever proposed in the United States.[21]  Ironically, economic conditions became a reason for resisting social security.  The prevailing economic wisdom of the times favored balanced federal budgets during economic recessions, the opposite of modern economic theory.  Following that prescription would make it difficult to start any new public assistance programs.[22]  Old-age assistance, said President Hoover, was inevitable, but “the height of the world’s greatest depression was no time to introduce such ideas.”[23]  Many political leaders—even liberal ones—worried that collecting new payroll taxes to fund social insurance programs would exacerbate the country’s economic woes.[24]

Perhaps most importantly, despite the fact that most of the rest of the industrialized world accepted social security, social programs ran contrary to the enduring American principle of rugged individualism.  Private charity was morally acceptable, as was private insurance, but government social programs were not.  They “destroyed initiative” and “weakened character.”[25]  In fact, many Americans believed that poverty was usually due to some weakness in the impoverished.  Rexford G. Tugwell, a member of FDR’s “brain trust” of advisors, remembered opposition to social security based on traditional American values:

 

The idea that the federal government had any responsibility at all for the welfare of individual citizens was still very strange to many people.  . . .  Belief in free enterprise was something close to a religion for the American people.  They identified it with the pioneer spirit and traditional virtues.  Rugged individualism was held responsible for developing the nation into a world power.  In spite of the miseries arising out of the failures of the free enterprise system, the belief persisted that every individual could make his own way in the world and if he failed, it was his own fault.[26]

 

 

Mr. Roosevelt Goes to Washington

 

Somewhere toward the other end of the political spectrum was Franklin Roosevelt.  Make no mistake; FDR was content with a capitalist economy.  He believed in the American way of life and wanted to preserve it.  Nevertheless, he believed that a capitalist economy should have room for “adjustments . . . so that the people would not suffer from poverty and neglect.”  According to Frances Perkins, FDR had great empathy for people:

 

There was a bond between Roosevelt and the ordinary men and women of this country.  He was profoundly loyal to them.  . . .  [A]s he grew older, as he went through the horror of his illness and crippling, as he met many persons on many levels, he developed the capacity to associate himself with [them].[27] 

 

 

In 1933, after Roosevelt was elected President, Perkins moved to Washington “to serve God, FDR, and the . . . common workingmen.”[28]  When FDR made her his Labor Secretary, Perkins became the first woman to serve in any U.S. President’s Cabinet, and proved to be one of the driving forces behind the New Deal.  By all accounts, Frances Perkins became Franklin Roosevelt's most loyal ally.  Shortly after Roosevelt’s death in 1945, she wrote a memoir about their long professional relationship.  The Roosevelt I Knew was an homage to FDR (even Perkins admitted that her book was “biased in his favor.”)[29]  Even so, her recollections about Roosevelt’s attitudes toward social issues may generally be relied on; had Roosevelt been much different from what she described, he would not have inspired her fierce loyalty.  Others who worked with FDR supported Perkins's evaluation of him.  Raymond Moley, another member of FDR’s brain trust, said that Roosevelt, from the “bottom of his heart” wanted people to be as happy as he was.  According to Moley, Roosevelt considered hunger and unemployment in America to be “personal affronts.”[30]

Shortly after his election in November 1932, Roosevelt and Perkins had a heart-to-heart talk.  She told him that he might not want a Labor Secretary who planned to work to establish nationwide unemployment insurance, health insurance, and old-age insurance.  FDR appointed her anyway and authorized her to work toward those goals.[31]  Because of his great empathy for people, FDR wanted a comprehensive social security system that protected all of them from “the cradle to the grave.”  He told Perkins:

 

I see no reason why every child, from the day he is born, shouldn’t be a member of the social security system.  When he begins to grow up, he should know he will have old-age benefits direct from the insurance system to which he will belong all his life.  If he is out of work, he gets a benefit.  If he is sick or crippled, he gets a benefit.[32]

 

 

Perkins, an icon of American liberalism, sometimes advised Roosevelt to take a more conservative approach than he wanted.  When Perkins cautioned him about the deflationary effect of collecting new payroll taxes in the middle of the Depression, FDR's reaction was “We can’t help that.  We have to get it started or it never will start.”[33]  Perkins thought that the “political climate” was not right for FDR’s cradle-to-the-grave plan, and according to Perkins, he realized that the less ambitious plan was the only one that Congress would pass.  Besides, Perkins pointed out, the federal government had had no experience in administering social insurance programs; so starting with a smaller program might be more prudent anyway.[34]

Arthur Altmeyer supported Perkins’s recollections about Roosevelt’s attitudes on social security.  Altmeyer said that FDR “needed no prodding” on the need for social security.  The politics of the times influenced the legislation the President sent to Congress, but had “no effect whatsoever on the kind of long-range program” he wanted.[35]

When FDR became President, there were already viable pieces of social security legislation in the congressional hoppers: one that would have started a federal-state system of unemployment insurance, and one for an old-age assistance program.  FDR did not enthusiastically support either of the bills.[36]  Critics viewed this as evidence of half-hearted support for social security.  However, Roosevelt’s aides were giving him contradicting advice about the merits of the bills, indicating a need for more study.  Besides, he opposed a “piecemeal” approach to social security legislation.  He preferred to send a package of proposals to Capitol Hill, believing that that strategy would be more effective in getting more of the programs he wanted.[37]

On June 8, 1934, President Roosevelt told Congress that he intended to pursue a social insurance program.  He stated that social insurance was no longer an experiment since many “civilized” countries had established systems.  He was especially interested in unemployment insurance and old-age insurance, favored state and federal cooperation in administration, and wanted those programs financed by contributions—not general revenues.  He also said that he would commission studies to provide all the data Congress would need for deliberations about social insurance.  Anticipating opposition on grounds of traditional American values, FDR proclaimed that social insurance was not a departure, but a return to traditional values like “fair play.” [38]

On June 28, 1934, during a Fireside Chat radio address, Roosevelt told the American people that he intended to use the powers of the government to provide “sound and adequate protection against the vicissitudes of modern life—in other words, social insurance.”  He warned his audience that they might hear critics call his proposals “Communism” or “Socialism,” but he again asserted that he was adhering to, not deviating from, American ideals.  To support this claim, FDR quoted John Marshall, the fourth Chief Justice of the United States, who said that our government is “emphatically and truly a government of the people.  Its powers are granted by them, and are to be exercised directly on them, and for their benefits.”[39]

 

The Committee on Economic Security

The next day, June 29, 1934, with Executive Order 6757, FDR established the Committee on Economic Security and gave it responsibility for designing social security for the United States.  The due date for the committee’s report was December 1, 1934, just after the 1934 Congressional elections.  It is significant that FDR did not name it the Committee on Social Security.  He preferred Economic Security because the public associated “social” with the dole.[40]  The members of the CES were Secretary Perkins, who chaired the committee, Treasury Secretary Henry Morgenthau, Jr., Agricultural Secretary Henry Wallace, Attorney General Homer Cummings, and Federal Emergency Relief Administrator Harry Hopkins.[41]  The committee recruited a large staff, mostly borrowed from government agencies, universities, and insurance companies.  Perkins appointed University of Wisconsin economist Edwin Witte executive director of the committee.  Other notable staff members included Railroad Retirement Board chairman Murray Latimer, Assistant Secretary of Labor and later Chairman of the Social Security Board Arthur Altmeyer, and Labor Department Solicitor Thomas Eliot, who served as the committee’s counsel.  Despite the undeniable expertise of Abraham Epstein and Isaac Rubinow—FDR called Rubinow “the greatest single authority upon social security in the United States”—neither of them was included on the CES staff.  The probable reason in Rubinow’s case was his reputation as a radical socialist.  Epstein was left out because he was uncompromising, abrasive, and notoriously difficult to work with.[42]  The staff divided into groups to develop recommendations on the various types of social security programs.[43]

In their consideration of each social security proposal, the members and staff of the CES weighed not just the needs of the country’s economy, the preferences of FDR, and the difficulty in administering government programs, but also the anticipated reaction from the Supreme Court.  There was good reason to believe that the Court might find social security beyond the scope of the Constitutional role of the federal government:  They had already overturned several New Deal programs.[44]  Fortunately, the committee got some guidance about Constitutional law from an unusual source.  Frances Perkins was having a cup of tea at the home of her friend, Mrs. Stone, when she bumped into the hostess’s husband.  Mr. Stone was Harlan F. Stone, the Supreme Court Justice.  Justice Stone made some small talk about Perkins’s work at the CES, and Perkins mentioned jokingly that her worries about Stone and his colleagues were making her task more difficult.  According to Perkins, Stone whispered this advice: “The taxing power of the Federal Government, my dear; the taxing power is sufficient for everything you want and need.”[45]

The easiest decisions concerned old-age assistance,[46] because FDR and the committee believed that the need for an old-age assistance program would grow smaller as time passed until, eventually, old-age insurance and other economic reforms would render it unnecessary.[47]  They quickly agreed that the states should administer old-age assistance, and that the federal government should give them cash grants to do so.  Roosevelt favored this kind of state-federal cooperation as a reflection of the country’s tradition of federalism, the dual sovereignty of state and federal governments.  One of the few contentious issues concerning old-age assistance—and any other social security programs that the states might end up administering—appears to have been patronage.  Politicians tended to view the jobs at the proposed state-administered programs as ripe for political patronage.  The CES preferred that the states hire employees based on competence instead of political affiliations.

There were several unresolved issues concerning unemployment.  The CES had to decide whether workers and employers would pay taxes into the unemployment fund, or just employers.  Another issue was whether the states or federal government would administer unemployment insurance.  Considering that the worker's recent work history would be the basis for entitlement, it would be difficult for the states to keep the records necessary to administer a program for an increasingly mobile workforce.[48]  On the other hand, the committee believed that jointly administered state-federal programs had a better chance of Supreme Court approval.[49]  At that time, the prevailing theory about unemployment insurance was the "Wisconsin Plan."  University of Wisconsin Professor John R. Commons designed it, and the state of Wisconsin had just adopted it as the first operating unemployment system in the country.  Wisconsin required each employer to maintain a reserve fund from which the employer would pay unemployment benefits to its own laid-off employees.  Wisconsin imposed a tax rate that varied according to the employer’s record for maintaining employment.  So, one advantage of the Wisconsin Plan was that it gave employers an incentive to stabilize employment.  However, a problem with this plan was that it levied higher taxes on employers who were already in a weakened condition, and weakened them further.  Social insurance purists preferred an unemployment insurance system that imposed the same tax rate on all employers, and required all contributions to be pooled in one fund, so that the risks of unemployment would be shared equally among all participants.[50]

Old-age insurance presented the stickiest problems.  There were a number of fundamental disagreements, including some about the amount of the benefit.  Would everybody receive the same amount?  Or would benefit amounts relate somehow to the worker’s pre-retirement earnings?  Another dilemma centered on the proposal of a special computation of benefits for the early days of the program.  The first beneficiaries to receive old-age insurance benefits would work just a few years before reaching the traditional retirement age of 65.  The taxes they and their employers would pay to the social security system would justify a very small monthly benefit.  However, paying meager benefits might weaken public support for old-age insurance and would increase the costs of the old-age assistance program.[51]  So, the CES pondered whether it might be better for the long-term success of social security to pay higher benefits to the earliest retirees—even if those benefits far exceeded the value of workers’ contributions to the system.

That question linked to an even more contentious one.  Would the old-age insurance program be “pay-as-you-go,” or “fully funded?”  Pay-as-you-go means that tax collections pay for concurrent benefit checks.  Fully funded means that tax collections are set aside to pay for future benefits.  The CES felt that pay-as-you-go would be better for the depressed economy because payroll taxes would be immediately returned to the economy as benefit payments to retirees.  On the other hand, because private insurance companies are required to be fully funded, choosing that option would make old-age insurance look more like private insurance, less like the dole, and perhaps more palatable for conservative Americans.  The CES actuaries pointed out another advantage of a fully funded system over one that is pay-as-you-go.  The experience of other countries had already demonstrated that as an old-age insurance system is maturing, the ratio of taxpayers to beneficiaries declines.  As this is happening in a pay-as-you-go system, the government must increase tax rates to keep up with benefit payments.  In other words, pay-as-you-go financing saddles future generations with higher taxes.[52]

The CES chose 65 as the eligibility age for old-age insurance and old-age assistance with no apparent controversy.  There were ample precedents for it.  The British and German social insurance systems, most of the few industrial pensions in the United States, about half of the state public assistance programs, and the brand-new U.S. Railroad Retirement Board used it for the minimum age to receive benefits.  Although they compiled a few statistics about age 70, it appears that the CES actuaries did their work based on an assumption that age 65 would be the eligibility age for both old-age programs.  They calculated the ratio of taxpayers to beneficiaries, projected expenditures and revenues, and declared 65 as a viable age of eligibility.  That was good enough for Perkins and the other CES members.[53]

Roosevelt was not silent during the CES deliberations.  At the end of August, he reminded the American people about his commitment to social security.  The stock market immediately took a nosedive, causing palpitations at the Treasury Department.  A few days later, FDR met with Perkins, Altmeyer, Eliot, and Witte and reassured them that despite Wall Street’s reaction, he was still fully committed to insurance programs for unemployment and old age, plus old-age assistance, and that he still expected the committee to “explore thoroughly the possibilities of a unified social insurance system affording protection against all major personal hazards which lead to poverty and dependency”.[54]

On November 14, 1934, FDR caused another stir when he told the National Conference on Economic Security:

 

“I don’t know whether this is the time for any Federal Legislation on old-age security.  Organizations promoting fantastic schemes have aroused hopes that cannot be fulfilled.  Through their activities they have increased the difficulties of getting sound legislation, but I hope that in time we may be able to provide security for the aged.”

 

 

Some journalists interpreted his remarks to mean that FDR was backing away from his commitment to old-age assistance and old-age insurance.  Perkins felt that the comments merely reflected FDR’s disapproval of overly generous relief proposals, and his apprehension about the anticipated difficulties of getting Congressional approval of old-age legislation.  Perkins and FDR quickly made public statements that FDR was still solidly behind the old-age programs and that he would include them in the administration’s social security bill.[55]  Years later, Altmeyer said that FDR considered unemployment insurance to be his top priority, and that if the old-age legislation would have delayed unemployment insurance, FDR was willing to defer the old-age provisions until after unemployment was a fait accompli.  Regardless of what he really meant, two days later FDR told a national conference of mayors that he would indeed include the old-age programs in the administration’s bill.[56]

As FDR directed, the CES also pondered disability insurance and national health insurance.  The committee completed a report on health insurance later in 1935, but the membership agreed that including disability and health insurance in the first bill they sent to Congress would have endangered the rest of the social security proposals.[57]  Frances Perkins was especially wary about one particular special interest group:

 

For the sake of passing the Social Security bill, we postponed the bill on health insurance, as the opposition was so great from the American Medical Association (principally) that it would have killed [the social security proposal] if it had been pressed at that time.[58]

 

 

The Economic Security Act

In early January 1935, the Committee on Economic Security submitted its report to the President.  This report was the basis for the administration’s proposed legislation, the Economic Security Act, written by several groups of people from the CES and the Cabinet departments, and edited and compiled by CES counselor Thomas H. Eliot.[59]

Title I of the bill authorized payment of federal grants to the states for old-age assistance programs.  U.S. citizens over 65 whose incomes were “inadequate to provide an reasonable subsistence compatible with decency and health” would qualify for assistance.  Title II provided federal grants to the states for payment of assistance to dependent children who were under 16 with no employed parent living in the same household.[60]

Title III and Title IV outlined old-age insurance:  The “Social Insurance Board”, to be established in the Labor Department, would administer the program.  It would begin paying old-age insurance benefits in January 1942 to retired workers 65 or older who had paid into the system for at least 200 weeks.  The CES decided that most Americans would agree that workers who earned higher salaries—whether more skilled or more industrious—and paid more contributions, deserved a higher benefit in retirement.[61]  Under the plan, workers with 35 years of participation would receive a maximum benefit of $60 per month.[62]  However, workers who began participating in old-age insurance before 1942 would retire to higher benefits.  Monthly benefits for this group would reach $60 after just 20 years of participation.  By this design, benefits paid in the early days would be too high, considering the amount of the beneficiaries’ contributions.[63]  The program would begin paying these higher-than-justified checks just before the start of the 1942 political campaigns.  The bill made no extra provisions for dependents or survivors of participating workers, but it would allow a retiring worker to voluntarily elect a survivor’s annuity for his widow, if the retiree reduced his own monthly benefit by an amount that the Social Insurance Board would determine on an “actuarial” basis.[64]

Most of the money to pay old-age insurance benefits would come from payroll taxes: an “earnings tax” on employees, and an “excise tax” on employers.  Because of Justice Stone’s advice about Congress’s taxing power being the key to the law’s constitutionality, the proposed law used the word tax and avoided using “contributions,” even though the CES usually used the euphemism at other times.  Every employee in the country who was under age 60 on January 1, 1937 would participate, except for government workers, railroad workers, and “non-manual workers” with salaries exceeding $250 per month.  Tax collections would begin in January 1937—right after the 1936 national elections.  From 1937 through 1941, the employee and employer would each contribute one-half of 1 percent of the employee’s wages.  The tax rate would gradually increase until it reached 2.5 percent for employees and 2.5 for employers in 1957.[65]  In effect, the bill was proposing a hybrid of pay-as-you-go funding and full funding.  Tax collections would begin five years before the first old-age benefit checks appeared, establishing an apparent, but tenuous, relationship between prior contributions and benefits.  But the tax rates would be too low at first; it would take two decades to phase in a reasonable rate.  To make up for the shortfall, the system would receive, beginning in 1965, a subsidy from general revenues of the federal government.[66]  The CES bill anticipated that the taxes would be collected by the Post Office: the IRS furnishing adhesive stamps to local postmasters, and employers purchasing them for distribution to employees.  However, the bill gave the IRS great latitude in devising a method of tax collection.[67]

As FDR preferred, the CES chose a state-federal system of unemployment insurance.   Hidden in Title IV, which mostly concerned old-age insurance, was the provision for federal funding of the states’ administrative costs for unemployment insurance.  This provision specifically addressed the patronage issue, requiring all states to hire administrators according to merit on a “non-partisan basis” lest they forfeit their federal funding.  Title VI gave the rest of the unemployment insurance rules.  The states would have a lot of leeway in designing their programs.  However, every employer would pay the same federal tax rate of 3 percent, regardless of the employer’s record, and state unemployment tax payments would offset federal unemployment tax liabilities.[68]  Thus, even if a state decided on a variable tax rate—assuming that it did not exceed 3 percent—the offset against federal taxes ensured that all employers would pay the same tax rate anyway.  This innovative plan had at least three advantages.  It followed social insurance principles by spreading the risk evenly among all employers.  It would encourage states to enact unemployment statutes; if they did not, their employers would pay the federal tax anyway.  Most importantly, there was a better chance that the Supreme Court would rule it constitutional.  That last opinion—plus the citation of a supporting precedent—was given by no less an authority than Supreme Court Justice Louis D. Brandeis, who designed the state-federal tax-offset plan and secretly passed it to Frances Perkins through unofficial channels.[69]

A now almost-forgotten part of the Economic Security Act, Title V, proposed voluntary old-age annuities to supplement compulsory old-age insurance.  All workers, including those excluded from the compulsory system, would have been allowed to make periodic voluntary deposits—in effect, loans—to the old-age fund.  Workers who participated would hold certificates representing amounts they had deposited.  At 65, workers would trade in their certificates for annuities, paying up to a maximum of $100 per annuitant per month, based on their total deposits plus interest.  Title V would have helped workers save for retirement, and would have helped the government raise revenue for the payment of old-age benefits.[70]

On January 17, 1935, North Carolina Representative Robert L. Doughton, chairman of the House Ways and Means Committee, introduced the FDR’s Economic Security Bill in the House of Representatives.  Several Democrats were eager to have their names associated with the bill, so the same piece of legislation was also introduced by Doughton’s colleague, Maryland Representative David J. Lewis; and at the other end of the Capitol building, by New York Senator Robert Wagner.[71]  The law’s stated purpose was “to alleviate the hazards of old age, illness and dependency, to establish a Social Insurance Board in the Department of Labor, to raise revenue, and for other purposes.”[72]  Congressional leaders assigned the Economic Security Act to the House Ways and Means Committee and the Senate Finance Committee for their consideration.  Ways and Means began hearings on January 21.  Finance began their hearings the day after that.[73]

 

A Long Bumpy Road

Edwin Witte expected Congress to pass the Economic Security bill easily and quickly.  To his disappointment, the bill faced a long and bumpy road; passage took seven months of struggle.  Assistant Agriculture Secretary Tugwell said that Roosevelt had to use all of the political prestige he had to get Congress to pass the Social Security Act.  Tugwell remembered that, initially, there was little support for FDR's bill even from Democratic politicians; farmers and businessmen lined up against it.  Even some labor unions were lukewarm because they feared social security would weaken the incentives for workers to join unions to get pensions and welfare benefits.  Almost all letters to Congress from constituents were against the bill.  Most newspapers were hostile to it.[74]

Unexpectedly, a member of the CES put two large potholes in the road.  Although Treasury Secretary Morgenthau had signed the CES report, effectively endorsing the Economic Security bill, he apparently had changed his mind about—or perhaps had never understood—two of the most important features of the proposed old-age insurance system.[75]  First, Morgenthau objected to the old-age insurance system accruing huge unfunded obligations while it paid higher-than-justified benefits to the early retirees.  Furthermore, he objected to promising that a future Congress would meet those obligations with an injection of general revenues.[76]  To the chagrin of Perkins and the other CES members, Morgenthau was able to win his case with FDR.  FDR now endorsed a higher payroll tax rate and lower benefits for the first retirees, and he insisted that old-age insurance receive no funds—ever—from general revenues.

Abraham Epstein and others opposed the elimination of general revenues from the financing scheme.  Since wages are subject to payroll taxes but investment income is exempt, the poorest wage earners would contribute the highest percentage of their total incomes to the program.  In other words, the employee payroll tax was regressive.  In addition, said Epstein, employers would meet the cost of their share of the old-age tax by charging higher prices for the goods and services they produced, thus passing the burden on to consumers.  Since employees and consumers are the same people, Epstein reasoned, they would ultimately pay both parts of the old-age insurance payroll tax.[77]  Nevertheless, FDR believed, and time has proven him correct, that workers who contributed to a social insurance program—one that utilized no general revenues—established a moral right to their future benefits; a right that future Congresses would be reluctant to tamper with.[78]

            Morgenthau picked his testimony in front of the House Ways and Means Committee as the best time to reveal his second objection to the bill.  Perkins, also present at the hearing, sat stunned and silent as Morgenthau opined that the scope of coverage described in the Economic Security Act would be “unwise” in light of anticipated administrative difficulties.  It would be too difficult, he said, for the IRS to collect old-age payroll taxes from farm laborers and domestic (household) workers.  For the same reason, he also recommended exempting employers with fewer than 10 employees.[79]  In other words, Morgenthau wanted to exclude the very workers who needed social insurance the most: low-income workers who had the least opportunity to save, who were the least likely to have pensions, and who were most vulnerable to economic recession.  Unfortunately for them, Morgenthau’s argument persuaded Ways and Means to exclude farm laborers and domestics from the old-age insurance program.  As historian David M. Kennedy has pointed out, this group included “9.4 million of the least secure, most needful workers—a disproportionate number of them black farm laborers and black female domestics.”[80]  Morgenthau tried to gloss over his differences with Secretary Perkins by stating that the two agreed fundamentally; that he merely wanted to simplify administration of old-age insurance.  However, Perkins’s memoirs imply differently:

 

This was a blow.  The matter had been discussed in the Committee on Economic Security, and universal coverage had been agreed on from the outset.  One could concede that it would be difficult for the Treasury to collect these taxes.  But the whole administration of the act was going to be difficult.  . . .  [I]t would have been just as well to go ahead with the whole program at that time.[81]

 

The Townsend Old-Age Revolving Pension Plan

A surprisingly important part of the old-age insurance dynamic was a 66-year-old retired medical doctor named Francis Townsend.  Dr. Townsend was just one of several prominent personalities who proposed government programs to relieve the suffering of older Americans, but he was the most important.  Ten million Americans signed a petition asking Congress to enact Townsend’s Old-Age Revolving Pension Plan.  According to a 1935 survey, 56 percent of Americans supported Townsend.[82]  Frances Perkins remembered that, “In some districts, the Townsend Plan was the chief political issue, and men supporting it were elected to Congress.”[83]  Townsend called for a national sales tax of 2 percent on all transactions, the proceeds of which would be distributed as $200 monthly payments to each of the 12 million Americans who were 60 or older.  There was no means test; Henry Ford and John D. Rockefeller could have qualified.  Recipients had to retire, could not be “habitual criminals,” and had to agree to spend all $200 each month.  Townsend believed, and he persuaded his many followers, that the additional economic activity churned up by his plan would generate enough taxes to make the plan self-supporting.  Economists scoffed.[84]  Congressional leaders knew that the plan would not work, and knew that they would never enact it.  It was too good to be true.  The plan’s $200 per month benefit was twice the average U.S. wage.  However, popular support for the Townsend plan did not begin to erode until after Dr. Townsend testified during the Congressional hearings on the Economic Security Act.  At his first appearance, he demonstrated, and then admitted, that he was unable to give any kind of coherent explanation of his revenue projections.  Later, he returned with his own expert witness, Dr. Robert Doane, who proceeded to totally refute the economic basis for Townsend’s scheme.[85]  Nevertheless, Frances Perkins believed that if it were not for the popularity of the Townsend Plan, “it is possible that the old-age insurance system would not have received the attention it did at the hands of Congress.”[86]  Arthur Altmeyer also believed that Townsend’s popularity “was unquestionably helpful in securing congressional approval of the President’s program.”[87]  FDR himself agreed, “The Congress can’t stand the pressure of the Townsend Plan unless we have a real old-age insurance system.”[88]

 

The House of Representatives

The House Committee on Ways and Means approved the bill, but not without a fight.  The legislation was attacked from the left and from the right.  Epstein, expected to be a supporter, testified about the bill’s inadequacies.  So did the president of the American Federal of Labor.[89]  According to Arthur Altmeyer, neither Congressional committee enthusiastically supported the old-age insurance parts of the bill.  At one point, prospects were so dim that the leaders of Ways and Means visited President Roosevelt and suggested dropping old-age insurance; otherwise, they warned, the bill might never leave their committee.  FDR stuck to his guns.  He told them that he expected them to pass the bill, and he expected the bill to include old-age insurance.[90]  It turned out that the key to keeping old-age insurance in the bill was the sacrifice of Title V—the proposal to allow workers to voluntarily purchase certificates and trade them in later for supplemental retirement annuities.  Not surprisingly, the politically powerful insurance industry had furiously opposed Title V because it would have put the U.S. government in direct competition with insurance companies in the sale of annuities.  It turned out to be the leverage that the leaders of Ways and Means used to persuade their recalcitrant colleagues.  In exchange for votes in favor of old-age insurance, the committee leaders agreed to drop Title V from the bill.[91]  In retrospect, they struck a good deal.  The voluntary-annuities provision was neither social insurance nor public assistance, and it was likely to be objectionable to the Supreme Court.

            Unemployment insurance had a close shave, too.  One of the members of Ways and Means, inexplicably irate when he discovered that the CES had not exempted incorporated farms from the unemployment tax, moved to strike the whole unemployment program from the law.  Sixteen of the 19 members of Ways and Means were present at the time, and they voted 8 to 8 on his motion.  After a scramble to get proxies from the missing members, unemployment insurance survived by just one vote.[92]  There were no other surprises on unemployment.  As recommended by the CES, and by Justice Brandeis, Ways and Means agreed that each employer would pay the same federal tax rate regardless of its employment record, and payments of state unemployment taxes would offset federal unemployment tax liabilities.

            To the disappointment of the CES, Representative Fred Vinson of Kentucky and his allies were successful in deleting the requirement that the states establish federally-approved civil service systems for the state-administered benefit programs.  Vinson—later a Chief Justice of the Supreme Court—explained, “No damned social workers are going to come into my State and tell our people whom they should hire.”

            The assignment of the federal government’s administrative responsibilities to a Social Insurance Board in the Department of Labor was also a bone of contention.  According to Arthur Altmeyer, many members of Congress disliked the Labor Department because they thought it was too pro-labor.  Many of them also disliked Frances Perkins.  She was enthusiastically pro-labor.  She was anti-patronage, too.  Altmeyer thought that some members of Congress disliked Perkins because she was an articulate woman.  For whatever reason, Ways and Means determined that the “Social Security Board” would become an independent agency, not part of the Department of Labor.

            On April 5, 1935, Ways and Means approved their version of the bill.  The committee had reorganized it—for example, old-age insurance was now Title II—and renamed it the Social Security Act to distinguish it from the original CES version.  All of the Republican members of Ways and Means and one Democrat voted against the bill.

            The full House debated the merits of the bill from April 11 to April 19.  Members proposed fifty amendments, including proposals to substitute the Townsend Plan for the old-age assistance and old-age insurance parts of the bill, and a last-ditch effort to delete the old-age insurance provisions entirely.  The House rejected all of the amendments, and approved the bill 371 to 33 on April 19, 1935, but not before hearing some colorful protests from the Republicans.  Daniel Reed of New York said, “The lash of the dictator will now be felt.”  James Wadsworth, also from New York, said that social security would “pull the pillars of the temple down upon the heads of our descendants.”[93]  Most of the 33 nay votes were from conservative Representatives who had voted for the Townsend Plan when it was separately introduced, knowing that Congress would never pass that plan, but also knowing that older constituents back home might view pro-Townsend votes as evidence of their Representatives’ bona fides.

 

The Senate

Over in the Senate, the Finance Committee was taking its time.  Even though Senate Finance began hearings the day after Ways and Means did, the committee took two additional months to work through the bill.  Judging by the membership of the committee—15 Democrats, 5 Republicans, and Progressive Robert La Follette, Jr.—one might have predicted smooth sailing for the bill.  This did not prove to be the case, mostly because many of the members were very conservative.[94]  One of those Conservatives conjured up a familiar bugaboo during testimony by Secretary Perkins.  Senator Thomas P. Gore of Oklahoma asked Perkins whether social security was not socialism.  When she denied that it was, Gore insisted that it was “a teeny-weeny bit of socialism.”[95]  Southern members of the committee objected to the requirement that the states provide “a reasonable subsistence compatible with decency and health” in their old-age assistance programs.  Altmeyer believed that the cause of the objection over this language was “the relative standard of living of Negroes as compared to that of white people.”  Senator Harry F. Byrd of Virginia, for one, did not want the federal government telling the states what was decent and healthy.  Accordingly, the Senate Finance Committee removed that clause from the bill.  This deletion allowed the states to establish a lesser standard of “decent and healthy” for their African-American citizens.  The committee also made further adjustments to the bill to enhance the program’s potential for patronage opportunities.[96]

Senator Daniel O. Hastings from Delaware said that the old-age insurance plan would “end the progress of a great nation and bring its people to the level of the average European.”[97] Despite Hastings’s nay vote, the Senate approved the Social Security Act 77 to 6 on June 19.  Senators Byrd and Gore were among several Senators who did not vote.  Senator Huey Long of Louisiana, who had presidential aspirations, and prided himself in being a thorn in FDR’s side, voted for the bill, even though he had loudly criticized it and delayed it with some creative filibustering.  After the bill passed, the inscrutable Long started another filibuster that delayed the enabling appropriations bill until the next session of Congress.[98]

            Because the Senate bill was different from the House version, the bills went to a conference committee to resolve the discrepancies.  The most significant difference between the two bills was the Clark Amendment, which was included in the Senate bill.  Originally introduced by Democratic Senator Champ Clark of Missouri, the amendment would have allowed individual employers to opt out of old-age insurance on behalf of themselves and their employees, with the proviso that they furnish an equal or better private pension for their employees.  Oddly, the Clark Amendment had failed in the Finance Committee, but the full Senate added it to their version of the bill.  FDR and the House of Representatives vigorously opposed the amendment; so the conference committee eventually discarded it.  The Administration and the House leadership placated the Senate with a promise to pursue Clark’s proposal later.  However, that promise went by the wayside.[99]

A Significantly Diminished Law

During the first week of August, the House and Senate passed the conference committee’s bill without announcing the vote count.  And, at last, the bill went to the President for his signature.[100]  Gone were the voluntary retirement annuities, and the voluntary survivor annuity option—even though neither of them would have cost very much.  Congress replaced the survivor option with a provision for a paltry lump-sum refund of the deceased worker’s social security taxes plus interest, payable only if the worker died before receiving benefits that at least equaled his contributions.  Congress also had deleted language from the bill that would have ensured that African-American applicants for aid received decent treatment from the states, and insisted that the state-administered old-age and unemployment programs be sources of patronage jobs.  Most importantly, Congress eliminated old-age insurance coverage for millions of poor workers who needed it the most:  At first, only about half of America’s workers would be covered by the program.[101]  When Roosevelt signed the Social Security Act on August 14, it was clear that he was not satisfied:

 

We can never insure one hundred percent of the population against one hundred percent of the hazards and vicissitudes of life, but we have tried to frame a law which will give some measure of protection to the average citizen and to his family against the loss of a job and against poverty-ridden old age.  This law, too, represents a cornerstone in a structure which is being built but is by no means complete.[102]

 

 

Despite the fact that the Social Security Act had become law, it faced two more challenges.  The first was the 1936 Presidential election.  Republican candidate Alf Landon, the governor of Kansas, advocated repealing the Social Security Act and made that an important issue in his campaign, calling Social Security a “cruel hoax,” and “a fraud on the workingman.”  One week before the election, the Republican Party circulated flyers to factory workers warning them that social security would sentence them to a pay reduction for the rest of their working lives, but advising them that they could reverse that sentence on Election Day.  The Hearst newspaper chain attacked the law with front-page articles showing a bogus social security number application that asked for the applicant’s church affiliation, physical defects, and other personal information that the Social Security Board actually had no interest in.  Despite the scare tactics, voters re-elected FDR in one of the greatest Electoral College landslides in U.S. history.  However, nearly 17 million voters (out of 46 million) voted for Landon, indicating that support for social security was still nowhere close to unanimous.[103]

The second challenge was in the courts.  As mentioned earlier, the “nine old men”–-as disgruntled New Dealers called them—overturned many New Deal programs.  In fact, when FDR signed the Social Security Act, the ink was barely dry on the Court’s decision that the administration’s new social insurance program for railroad workers was unconstitutional.  This was a bad omen for supporters of social security.  However, the frustrated Roosevelt had a trick up his sleeve.  On February 5, 1937, Roosevelt asked Congress to pass a law allowing Presidents to appoint one additional federal judge for each sitting federal judge who had attained age 70.  This would have allowed him to appoint six extra Supreme Court justices.  FDR figured that his six additional appointees would team with Justices Brandeis, Stone, and Benjamin Cardozo to form a solid liberal majority on a new 15-member Court.  Congress resisted this proposal.  On May 24, 1937, probably prodded by FDR’s proposal, the Supreme Court upheld the Social Security Act’s constitutionality.  As Justice Stone had predicted, the key was Congress’s power to tax.  Justice Cardozo, writing for the majority, cited Section 8 of Article I of the Constitution as the authority for Congress to levy taxes and to “spend money in aid of the general welfare.”[104]

 

The 1939 Social Security Amendments

On April 28, 1938, FDR sent a letter to Social Security Board Chairman Altmeyer, requesting that the Board explore expansion of social security:

 

I am very anxious that in the press of administrative duties the Social Security Board not lose sight of the necessity of studying ways and means of improving and extending the provisions of the Social Security Act.  I am particularly anxious that the Board give attention to the development of a sound plan for liberalizing the old-age insurance system.  In the development of such a plan I should like to have the Board give consideration to the feasibility of extending its coverage, commencing the payment of old-age insurance annuities at an earlier date than January 1, 1942, paying larger benefits than now provided in the Act for those retiring in the earlier years of the system, providing benefits for aged wives and widows, and providing benefits for young children of insured persons dying before reaching retirement age.  It is my hope that the Board will be prepared to submit its recommendation before Congress reconvenes in January.[105]

 

           

As Roosevelt requested, Altmeyer prepared a plan to liberalize social security.  Congress passed it, and Roosevelt signed the 1939 Amendments to the Social Security Act.  In the amendments, Congress acquiesced to FDR’s wish to force the states to adopt non-political civil service systems for the state-administered parts of social security.[106]  More importantly, a whole new set of social insurance benefits was added for survivors: benefits for surviving children younger than age 16, for widows 65 or older, for widows of any age who were taking care of a child of the deceased; and if there were no other eligible survivors, benefits for aged dependent parents of the deceased worker.

Pursuant to the social objectives of the nascent social security system, the 1939 Amendments also dramatically increased the amount of the old-age insurance monthly benefit.  First, the law amended the benefit formula to increase benefits for the earliest retirees.  Second, the amendments changed the starting date for payments from 1942 to 1940, which meant that the first retirees would pay old-age taxes for an even shorter time.  Third, the amendments increased benefits for lower-paid workers.  Workers who earned more would still receive higher benefits, but lower-compensated workers would get a much better return on their tax dollars.[107]

            The case of Ida May Fuller illustrates the effect of the 1939 Amendments on early benefit payments.  Miss Fuller, a legal secretary from Vermont, was famous for being the first recipient of monthly old-age insurance benefits.  She began paying payroll taxes in 1937—the first year possible—on her $75 per month salary.  She retired at the end of 1939 at age 65.  Under the original 1935 Act, Fuller would not have qualified for monthly old-age insurance benefits (she had not participated long enough).  Instead, she would have received a lump-sum refund of her contributions, plus interest.  Under the 1939 law, she started drawing monthly benefits in January 1940.  Since she was both a lower-compensated worker and one of the first participants to retire, Fuller found social security exceedingly generous.  Her total contribution to the old-age fund had been $24.75.  Her first benefit check was $22.54.  She continued to draw old-age insurance benefits until her death 35 years later, when she was 100 years old.  During her retirement, she received $22,888.92 in old-age benefit checks.[108]

Other than Congress repeatedly postponing the scheduled increases in the social security payroll tax, there were no additional changes to social security until after World War II.  Roosevelt assigned a host of war-related administrative duties to Altmeyer and the executives of the Social Security Board, and he continued to ask Altmeyer for recommendations and studies, but after 1939, FDR did little more than talk when it came to social security issues.  Social Security Board Chairman Arthur Altmeyer said that it was evident that Roosevelt’s most pressing concern was World War II, and perhaps FDR “did not consider that the time was ripe” for social security expansion.  Altmeyer thought that the President felt the need to “accustom” Congress to the idea of further liberalizations to social security: At least seven times between January 5, 1942 and his death on April 12, 1945, the President communicated to Congress his desire to expand social security coverage and benefits.  FDR stated that he was in favor of social security coverage for all employees and self-employed workers.  He wanted health insurance, and he wanted cash benefits for both temporary and permanent disabilities.[109]  On October 28, 1944, in a campaign speech, Roosevelt reminded his audience that he still believed in free enterprise.  But because he believed that the future of free enterprise “lies in the well-being of the worker and the farmer,” he proposed an Economic Bill of Rights for all American citizens.  Among the rights he enumerated were the right to “adequate medical care,” and the right to “adequate protection from the economic fears of old age, sickness, accident, and unemployment.”[110]

If FDR did believe that the time was not ripe for additional social security legislation, he probably was right.  After World War II, Roosevelt’s successor, Harry Truman, sent legislation to Congress to start disability insurance and health insurance programs.  Congress rejected both, largely due to opposition from the American Medical Association, the insurance industry, and the U.S. Chamber of Commerce.  Eventually, Congress provided disability insurance benefits, but not until the 1956 Amendments.  Medicare (health insurance for the aged and disabled) and Medicaid (medical assistance for the poor) began in 1966.[111]  The United States still does not have a national health insurance plan that covers the general population.

 

Conclusion

The President of the United States is sometimes called the “first legislator” because he introduces legislation and lobbies for it.  However, no President has a “yea” vote on the floor of Congress or in Congressional committees.  He may propose, but he cannot impose.  It is clear that Franklin Roosevelt wanted a more liberal Social Security Act than he proposed in 1935, but Congress would have rejected a more ambitious plan.  Congress argued for seven months over the social security proposal that FDR sent to the Hill in 1935, and the law Congress ultimately passed was a significantly diminished version of the bill FDR had submitted.  And it could have been worse; without FDR’s perseverance, old-age insurance certainly would have been lost.

The best evidence of FDR’s support of social security is the 1939 law amending the Social Security Act.  Had FDR been a lukewarm supporter of social security, he could have, and would have, rested on his laurels after his convincing electoral victory in 1936.  Instead, he introduced the 1939 Amendments, which expanded social security into a completely new area, survivor insurance, and enhanced the social insurance aspects of old-age insurance.  Although World War II distracted him, Roosevelt continued to support the expansion of social security until his death.


 

Notes



[1] A leading proponent of this theory is Kenneth S. Davis, the author of a multi-volume biography of FDR.  See Kenneth S. Davis, “The Birth of Social Security,” American Heritage 30 (April/May 1979): 38-51.

[2] Arthur J. Altmeyer, The Formative Years of Social Security (Madison: University of Wisconsin Press, 1966), 3.

[3] Altmeyer, 4.

[4] Max J. Skidmore, Social Security and Its Enemies (Boulder, Colorado: Westview, 1999), 25, 37.  See also Edwin E. Witte, Social Security Perspectives, Essays by Edwin Witte:  1928-1959, edited by Robert J. Lampman (Madison: University of Wisconsin Press, 1962), 34-37.  In 1974, Congress replaced the state-administered Old-Age Assistance, Aid to the Permanently and Totally Disabled, and Aid to the Blind with a new federally administered program: Supplemental Security Income (SSI).  National Commission on Social Security, Social Security in America’s Future: The Final Report of the National Commission on Social Security (Washington DC: National Commission on Social Security, 1981), 245.

[5] Graham Brash, The Sayings of Confucius (Singapore: Heian International, 1983), 28.

[6] Committee on Economic Security, “Old-Age Security Staff Report,” January 1935,  <http://www.ssa.gov/history/reports/ces/ces2armstaff.html> (5 February 2002), 5-7.

[7] Committee on Economic Security, “Report of the Committee on Economic Security,” Table 16, January 1935, <http://www.ssa.gov/history/reports/ces/ces18.html> (6 April 2002), 1.

[8] Thomas Paine, Agrarian Justice, 1796, <http://www.ssa.gov/history/paine4.html> (12 March 2002), 6-9.

[9] Abe Bortz, “The Historical Development of the Social Security Act,” <http://www.ssa.gov/bortz.html> (2 February 2002), 11.  Bortz wrote this document in the early 1970s and used it as a lecture to train Social Security Administration employees.

[10] Skidmore, 34.

[11] Henry Rogers Seagar, Social Insurance: A Program of Social Reform (New York: Macmillan, 1910), 117.  Seagar was a professor of political economy at Columbia University.  Social Insurance was one of the first American books on the subject.  A reproduction of the original book, in .pdf format, is at <http://www.ssa.gov/history/seager.html> (25 March 2002).

[12] Social Security Administration, “Brief History of Social Security,” n.d., <http://www.ssa.gov/history/briefhistory3.html> (28 January 2002), 5.

[13] Social Security Administration, Social Security Pioneers, n.d., <http://www.ssa.gov/history/rubinow.html> (26 March 2002).

[14] Davis, American Heritage, 43.

[15] Among the governors who attended was Republican John G. Winant of New Hampshire.  In 1935, President Roosevelt appointed Winant the first Chairman of the Social Security Board.  Perkins, I Knew, 104-107.

[16] Davis, American Heritage, 43.

[17] In 1929, there were only six state old-age assistance programs.  In 1932, there were 17.  In 1935, there were 30.  Joseph P Harris, “Brief in Defense of Old-Age Benefits as Provided in the Social Security Bill,” 1934, <http://www.ssa.gov/history/reports/ces/ces2armstaff.html> (5 February 2002), 3.  Harris was the Assistant Executive Director of FDR’s Committee on Economic Security.

[18] Committee on Economic Security, “Report of the Committee on Economic Security,” Table 14, <http://www.ssa.gov/history/reports/ces/ces18.html> (6 April 2002), 1.

[19] Kennedy, 224.

[20] Kennedy, 51.

[21] Skidmore, 114.

[22] Kennedy, 80-81.

[23] Herbert Hoover, The Memoirs of Herbert Hoover: The Cabinet and the Presidency 1920-1933 (New York: Macmillan, 1952), 314.

[24] Perkins, 281.  It turns out that Perkins and others were right to be worried.  In 1937, the nascent Social Security Board started collecting payroll taxes for old-age insurance, which sucked $2 billion out of the economy.  At the same time, the government cut its spending.  These actions caused a sharp economic downturn called the “Roosevelt Recession.”  Davis, American Heritage, 51.

[25] Davis, American Heritage, 39.

[26] Rexford G. Tugwell, FDR: Architect of an Era (New York:  Macmillan, 1967), 127-130.  The brain trust was also known as the “brains trust.”

[27] Perkins, I Knew, 71.

[28] Social Security Administration, Social Security Pioneers, n.d., <http://www.ssa.gov/history/fperkins.html> (26 March 2002).

[29] Frances Perkins, The Roosevelt I Knew (New York: Viking Press, 1946), 4.

[30] David M. Kennedy, Freedom from Fear: The American People in Depression and War, 1929-1945 (New York: Oxford University Press, 1999), 244.

[31] Frances Perkins, “The Roots of Social Security” (speech delivered at Social Security Administration headquarters Baltimore MD, 23 October 1962), <http://www.ssa.gov/history/perkins5.html> (28 January 2002), 10.  Perkins, I Knew, 283.

[32] Perkins, I Knew, 283.

[33] Perkins, 281.

[34] Perkins, I Knew, 283.

[35] Altmeyer, 10.

[36] Senator Clarence Dill and Representative William P. Connery introduced old-age assistance legislation in 1932.  Senator Robert Wagner and Representative David Lewis introduced an unemployment insurance bill in 1934.  Congress never voted on either bill.  Davis, American Heritage, 43-44.

[37] Edwin Witte kept a contemporary diary of the activities of the CES.  In 1936, he wrote a long memorandum based on his diary.  After his death, this memorandum was published as The Development of the Social Security Act (Madison: University of Wisconsin Press, 1962).  See pages 4-7.  See also Arthur M. Schlesinger, Jr., The Coming of the New Deal (Cambridge: Riverside Press, 1958) 303-304.  See also Perkins, I Knew, 279.

[38] Franklin D. Roosevelt, “Message to Congress Reviewing the Broad Objectives and Accomplishments of the Administration,” FDR’s Statements on Social Security, 8 June 1934, <http://www.ssa.gov/history/fdrstmts> (13 February 2002), 4.

[39] Franklin D. Roosevelt, “Fireside Chat,” FDR’s Statements on Social Security, 28 June 1934, <http://www.ssa.gov/history/fdrstmts.html#fireside1>(13 February 2002), 7.

[40] Perkins, Roots, 11.

[41] Altmeyer, 7.

[42] Davis, American Heritage, 40-43.  See also Witte, Development, 52n.

[43] Davis, FDR, 449.

[44] Altmeyer, 15.

[45] Perkins, I Knew, 286.  See also Perkins, Roots, 13.

[46] There was practically no controversy over providing aid to dependent children, aid to the blind, or the public health provisions of the Social Security Act; so, deliberations over those parts of the Act are barely mentioned in any of the accounts of the CES.  Altmeyer, 16, 28.

[47] Altmeyer, 26.  Today, 33 million over-age-65 Americans receive social insurance payments from SSA’s retirement and survivors insurance programs.  Just two million over-age-65 Americans receive public assistance from Supplemental Security Income—the successor program to old-age assistance.  Of that two million, 59 percent receive just partial SSI payments due to their entitlement to Social Security benefits.  Social Security Administration, Annual Statistical Supplement to the Social Security Bulletin (Washington DC: Social Security Administration, 2001), 174-179, 275, 287.

[48] Perkins, I Knew, 289-291.

[49] Altmeyer, 21.

[50] Schlesinger, 301.  Altmeyer, 24.

[51] Perkins, I Knew, 292.

[52] Perkins, I Knew, 293.  Altmeyer, 16.

[53] Committee on Economic Security, “Old-Age Security Staff Report,” January 1935,  <http://www.ssa.gov/history/reports/ces/ces2armstaff.html> (5 February 2002), 1-36.

[54] Witte, Development, 17-18.

[55] Davis, American Heritage, 48.

[56] Altmeyer, 13-14.

[57] Altmeyer, 16, 27, 57n.

[58] Witte, Development, viii.

[59] Thomas H. Eliot, “The Social Security Bill: 25 Years After,” 1960, <http://www.ssa.gov/history/tomeliotart.html> (19 March 2002), 2. 

[60] H.R. 4120, 74th Congress, 1st sess., 1935, 9-10.

[61] Perkins, I Knew, 292.

[62] Workers with 45 years participation could have received as much as $80 per month.  House Ways and Means Committee, Economic Security Act: Statement of Hon. Henry Morgenthau, Jr., Secretary of the Treasury, 74th Cong., 1st sess., 5 February 1935, 903.

[63] Perkins, I Knew, 293.

[64] H.R. 4120, 27.  The survivor annuity option is a provision of most present-day pension plans.

[65] H.R. 4120, 15-21.

[66] House Ways and Means Committee, 898-899.

[67] H.R. 4120, 17-18.

[68] H.R. 4120, 30-36.

[69] The intermediary was Brandeis’s daughter, Elizabeth Brandeis Raushenbush, the wife of Paul Raushenbush, chief administrator of Wisconsin’s unemployment insurance program.  Kennedy, 264-265.

[70] H.R. 4120, 26-28.

[71] Witte, Development, 79-80.

[72] H.R. 4120, 2-8.

[73] Altmeyer, 30-31.

[74] Witte, Perspectives, 7.  See also Bortz, 14.  Witte, Development, 96.  See also Eliot, 2.  Witte, Development, 76.  See also Altmeyer, 31.

[75] Morgenthau attended very few CES meetings; instead, he sent Assistant Treasury Secretary Josephine Roche.  Altmeyer, 28.

[76] Altmeyer, 29.

[77] Davis, American Heritage, 48.

[78] Altmeyer, 11.

[79] Morgenthau, although he had prepared an elaborate presentation to support his position on this issue, chose the hearings in front of Ways and Means for the first time to raise this objection.  Perkins, I Knew, 297.

[80] Kennedy, 269.

[81] Perkins, I Knew, 298.

[82] Social Security Administration, Research Notes & Special Studies by the Historian’s Office: Townsend Plan’s Pension Scheme, December 2001 <http://www.ssa.gov/history/townsendproblems.html>  (28 January 2002), 1.

[83] Perkins, I Knew, 279.

[84] Among the scoffers was Edwin Witte, executive director of the CES.  Witte called the plan impossible.  “Why the Townsend Old Age Revolving Pension is Impossible,” (Unpublished studies of the Committee on Economic Security), 1935, <http://www.ssa.gov/history/ces/ces2witte6.html> (5 February 2002), 1.   

[85] Social Security Administration, Townsend, 3.  See also Witte, Development, 85.

[86] Witte, Development of the Social Security Act, vi.

[87] Altmeyer, 10.

[88] Perkins, I Knew, 294.

[89] Witte, Development, 83n, 87.

[90] Altmeyer, 34.

[91] Witte, Development, 93-94.

[92] Eliot, 3.

[93] Altmeyer, 35-37.

[94] Witte, Development, 100.

[95] Perkins, I Knew, 299.

[96] Altmeyer, 35, 39.

[97] Altmeyer, 41.

[98] Witte, Development, 106.  Altmeyer, 43-44.

[99] Opposition to the Clark Amendment was rooted in the fundamental differences between pensions and social insurance programs.  For a complete set of the arguments against the Clark Amendment, see Social Security Administration, Research & Special Studies by the Historian’s Office: The Clark Amendment to the 1935 Social Security Act, August 2001, <http://www.ssa.gov/history/clarkamend.html> (29 March 2002), 1-4.

[100] Altmeyer, 42.

[101] Altmeyer, 89.

[102] Roosevelt, “Presidential Statement Signing the Social Security Act,” FDR’s Statements on Social Security, 14 August 1935, 16.

[103] In response to the Republican attacks, the Social Security Board immediately circulated 50 million leaflets that it had prepared for later use.  Altmeyer, 69.  See also Davis, FDR, 645-647.

[104] Helvering v. Davis, 301 U.S. 619 (1937), <http://www.ssa.gov/history/supreme1.html> (16 April 2002), 3-5.  Justice Cardozo cited the Court’s opinion in Steward Machine v. Davis, which he had also written, as a precedent.  The full text of the decision in Steward Machine v. Davis is at <http://www.ssa.gov/history/supreme2.html>.  See also Altmeyer, 56.  Later, after Congress increased pensions for retired Supreme Court justices, and several retired, Roosevelt appointed more liberal justices and abandoned his court-packing proposal.  Kennedy, 325-336. 

[105] Roosevelt, “A Recommendation for Liberalizing the Old-Age Insurance System,” FDR’s Statements on Social Security, 28 April 1938, 18-19.

[106] Roosevelt, “Presidential Statement on Signing Some Amendments to the Social Security Act,” FDR’s Statements on Social Security, 11 August 1939, 32.  Roosevelt urged this change because he found that incompetent administrators who had acquired their positions due to political connections had harmed social security in some states.  See Roosevelt, “A Message Transmitting to the Congress a Report of the Social Security Board Recommending Certain Improvements in the Law,” FDR’s Statements on Social Security, 16 January 1939, 27.

[107] Schmitter and Goldwasser, 1-4.  Social insurance experts use “individual equity” to describe the principle that higher-paid earners, who pay more in social insurance taxes, should get higher benefits.  “Social adequacy” is jargon for the principle that lower-paid workers and workers with dependents should get a better earnings replacement rate (the percentage of pre-retirement earnings that is replaced by monthly social insurance benefits). 

[108] Social Security Administration, Research & Special Studies by the Historian’s Office: Details of Ida May Fuller’s Payroll Tax Contributions, n.d., <http://www.ssa.gov/history/idapayroll.html> (19 March 2002).

[109] Altmeyer 135-151.

[110] Roosevelt, “Campaign Address on the Economic Bill of Rights,” FDR’s Statements on Social Security, 34. 

[111] Derthick, Martha, Policy Making for Social Security (Washington DC: The Brookings Institute, 1979), 295-315.