Posts Tagged ‘Flemming v. Nestor’

Seal of the United States Social Security Admi...

Those on both sides of the false left-right paradigm claim that Social Security benefits are an entitlement.

Those on the left claim they are entitlements in order to resist any cuts and attempts to privatize Social Security.

Those on the right claim they are to justify those cuts and privatization attempts.

However, both sides are wrong, thanks to the 1960 5-4 split decision by the U.S. Supreme Court in Flemming v. Nestor.

From the Social Security Administration itself, which says:

In this 1960 Supreme Court decision Nestor’s denial of benefits was upheld even though he had contributed to the program for 19 years and was already receiving benefits. Under a 1954 law, Social Security benefits were denied to persons deported for, among other things, having been a member of the Communist party. Accordingly, Mr. Nestor’s benefits were terminated. He appealed the termination arguing, among other claims, that promised Social Security benefits were a contract and that Congress could not renege on that contract. In its ruling, the Court rejected this argument and established the principle that entitlement to Social Security benefits is not contractual right.

Notice the doublespeak by the SSA, as Merriam-Webster defines an entitlement as “a right to benefits specified especially by law or contract.” It’s admitted Social Security benefits are not a contractual right, and they also aren’t by law, therefore, they are not an entitlement.

For more on Social Security, see my articles, John Stormer, author of None Dare Call it Treason, Admits to being dependent on Social Security, and U.S. Social Security deficit starting in 2010, Canada’s solvent until 2075.

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