"Socialism would gather all power to the supreme party and party leaders, rising like stately pinnacles above their vast bureaucracies of civil servants no longer servants, no longer civil." - Sir Winston Churchill

Wednesday, October 27, 2004

Reader Question - Social Security Reform

Will the President’s social security reforms include putting members of Congress into the same plan the rest of us will have?

In short the answer is, “No.” The President’s plan for Social Security reform does not include a provision to place members of the U.S. Congress under same. This is a matter of law, not a matter of policy.

One of the most important doctrines implied, though not expressed, in the Constitution is the doctrine of the “separation of powers” between the Legislative and Executive branches of government. That being said, the President does not have the authority to propose legislation that would affect Congressional members. Additionally, the Legislature is the only body with the authority to actually draft legislation. Therefore, even if the President desired such a change, it would still be left to the discretion of the Congress as to the scope thereof.

Part of the legislative changes adopted by the Republican-lead Congress following its 1994 electoral victory was to agree that Congress would not enact legislation to which it was immune. This was part of the Contract With America. In principle this means that they should take the initiative and apply to themselves whatever changes are implemented. I can think of a plethora of legal and fiscal reasons why this should not be done however it is still valid, in principle.

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