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American Journal of Legal History | 1962

The Development of the Social Security Act: A Memorandum on the History of the Committee on Economic Security and Drafting and Legislative History of the Social Security Act

Earl Finbar Murphy; Edwin E. Witte

Men of action are seldom scholars, and scholars are seldom men of action. The written history of the world would be in better shape if this were not true. Most autobiographical accounts of the activities of generals and statesmen are written in the mellowing glow of the sunset of the authors career and do more to justify his contribution to events than to clarify history. Edwin Wittes account of the hectic months in which the Social Security Act evolved is rare among historical documents. It was written by a scholar (with a foreword by ex-Secretary of Labor, Frances Perkins) who was a leading participant in the action described; it was written soon after the events occurred; and it was written by a man of deep humility and the highest dedication, and with a prodigious capacity for the assimilation and communication of knowledge, whether as a teacher or an advocate. Edwin Wittes great contribution to the development of the Social Security Act needs no further demonstration. Those of us who worked with him in the vortex of ideological controversies, political crosscurrents, and persistent drains upon both intellectual and physical energy which accompanied the evolution of the legislation will always have the highest admiration for his leadership in putting ideas into action for the welfare of the American people. We did not always agree with him, but we had the highest confidence in his integrity and dedication. As one gained perspective over the years, his rare qualities as a mediator between academic logic and political predisposition became fully evident. Wittes narrative account was written for political scientists to illustrate the ways in which legislation is developed. It deserves extensive analysis apart from the subject matter of the legislation. It is also of great interest to the student of social insurance. In a brief review, it seems best to suggest some conclusions concerning legislative procedure arising from the experience, and to illustrate these by examples of how procedure affected the substance of policy incorporated in the legislation. 1. The initiative and support of the President were the major factors in the enactment and form of the legislation. The Social Security Act owes not only its existence but a large measure of its form to the presence of a strong President. Franklin D. Roosevelt not only initiated action on the legislation but laid down the major principles of the act, especially in respect to unemployment insurance. He proposed that the administration and major control of the unemployment insurance program be decentralized, except for the deposit of reserves. He favored the principle of stabilization of employment, of the prevention of layoffs and employer responsibility. In this case he was supported by a number of key members of the group developing the legislation, but others strenuously argued for a more centralized program aimed more at protection than prevention. The concepts of decentralization and prevention won out, more because of the Presidents views than because of any evidence produced in staff studies. As to old-age insurance, the President believed it was needed, but laid down no principles. His later insistence that the act be passed in its entirety saved the program. 2. Ideas were more influential than


American Journal of Legal History | 1962

Law and Mineral Wealth: The Legal Profile of the Wisconsin Mining Industry

Earl Finbar Murphy; James A. Lake


American Journal of Legal History | 1959

Early Forms of Probate and Administration: Some Evidence concerning Their Modern Significance

Earl Finbar Murphy


American Journal of Legal History | 1957

English Water Law Doctrines Before 1400

Earl Finbar Murphy


American Journal of Legal History | 1966

London Possessory Assizes: A Calendar and Sales of Wards in Somerset, 1603–1641

Earl Finbar Murphy


American Journal of Legal History | 1964

The Philosophy of Law in Historical Perspective, The Story of the Law and the Men Who Made It—From the Earliest Times to the Present and Legal History, Law and Social Change

Earl Finbar Murphy; Carl Joachim Friedrich; Rene A. Wormser; Frederick G. Kempin


American Journal of Legal History | 1964

The Legal Process: An Introduction to Decision-Making by Judicial, Legislative, and Administrative Agencies

Earl Finbar Murphy


American Journal of Legal History | 1963

Essays in Jurisprudence in Honor of Roscoe Pound

Earl Finbar Murphy


American Journal of Legal History | 1963

Federalism in the Commonwealth: A Bibliographical Commentary

Earl Finbar Murphy; William S. Livingston


American Journal of Legal History | 1962

Equity and Law: A Comparative Study

Earl Finbar Murphy; Ralph A. Newman

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