William O. Douglas

Name: Flemming v. Nestor — Dissent
Author: William O. Douglas

Summary

“Flemming v. Nestor — Dissent”, is a work by William O. Douglas. It explores elements such as Social Security, attainder and benefits.

Quotes from Flemming v. Nestor — Dissent (William O. Douglas)

William O. Douglas, Flemming v. Nestor — Dissent

“ As the late Senator George, long Chairman of the Senate Finance Committee and one of the authors of the Social Security system, said:
'There has developed through the years a feeling both in and out of Congress that the contributory social insurance principle fits our times-that it serves a vital need that cannot be as well served otherwise. It comports better than any substitute we have discovered with the American concept that free men want to earn their security and not ask for doles-that what is due as a matter of earned right is far better than a gratuity. ”

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Source: Wikisource

William O. Douglas, Flemming v. Nestor — Dissent

“ What is perfectly clear is that hate, fear and prejudice play the same role today, in the destruction of human rights in America that they did in England when a frenzied mob of lords, judges, bishops and shoemakers turned the Titus Oates blacklist into a hangman's record. Hate, jealousy and spite continue to fill the legislative attainder lists just as they did in the Irish Parliament of ex-King James.' Bills of attainder, when they imposed punishment less than death, were bills of pains and penalties and equally beyond the constitutional power of Congress. ”

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Source: Wikisource

William O. Douglas, Flemming v. Nestor — Dissent

“ Congress concededly might amend the program to meet new conditions. But may it take away Social Security benefits from one person or from a group of persons for vindictive reasons? Could Congress on deporting an alien for having been a Communist confiscate his home, appropriate his savings accounts, and thus send him out of the country penniless? I think not. Any such Act would be a bill of attainder. ”

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Source: Wikisource

William O. Douglas, Flemming v. Nestor — Dissent

“ The aim and purpose are clear-to take away from a person by legislative fiat property which he has accumulated because he has acted in a certain way or embraced a certain ideology. That is a modern version of the bill of attainder-as plain, as direct, as effective as those which religious passions once loosed in England and which later were employed against the Tories here. ”

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Source: Wikisource

William O. Douglas, Flemming v. Nestor — Dissent

“ Cutting off a person's livelihood by denying him accrued social benefits-part of his property interests-is no less a punishment. Here, as in the other cases cited, the penalty exacted has one of the classic purposes of punishment [2] -'to reprimand the wrongdoer, to deter others.' Trop v. Dulles, 356 U.S. 86, 96, 78 S.Ct. 590, 595, 2 L.Ed.2d 630.
Social Security payments are not gratuities. They are products of a contributory system, the funds being raised by payment from employees and employers alike, or in case of self-employed persons, by the individual alone. See Social Security Board v. ”

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Source: Wikisource

William O. Douglas, Flemming v. Nestor — Dissent

“ It is an earned right based upon the contributions and earnings of the individual. As an earned right, the individual is eligible to receive his benefit in dignity and self-respect.' 102 Cong.Rec. 15110. ”

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Source: Wikisource

William O. Douglas, Flemming v. Nestor — Dissent

“ He became eligible for retirement and for Social Security benefits in November 1955 and was awarded $55.60 per momth. In July 1956 he was deported for having been a member of the Communist Party from 1933 to 1939. Pursuant to a law, enacted September 1, 1954, he was thereupon denied payment of further Social Security Benefits.
This 1954 law seems to me to be a classic example of a bill of attainder, which Art. I, § 9 of the Constitution prohibits Congress from enacting. A bill of attainder is a legislative act which inflicts punishment without a judicial trial. ”

William O. Douglas

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