Why hasn't Congress moved to protect Social Security by making it part of the legislative branch?

[Aviation Pro]

There's precedent with NTSB.

Or do they seriously think there will be no repercussions from having this earned benefit stripped from the lives of seniors?

[MineralMan]

1. The Congress is being controlled by Trump supporters.

Right now, it will only do what Trump tells it to do.

I thought that was obvious to everyone by now.

[DetroitLegalBeagle]

2. The same reason they never bothered to seriously attempt to codify Roe v Wade.

Congress has been ceding their power to the Executive branch for decades now, and to a lesser extent, the Judicial branch. Every so often we will get good people in Congress who want to actually do their Constitutional duty and make attempts to claw back that power, but far too many are more concerned with reelection and their own pet projects or their donors priorities. Friendly SCOTUS rulings they are content to leave as that without actually codifying it. Unfriendly rulings they will make a lot of noise and wind up doing nothing.

[leftstreet]

5. +1

Taking accountability might interfere with their reelection chances

[orangecrush]

13. Chicken dinner

[Ocelot II]

3. I'm not sure this Congress - at least the GOP part - *wants* to protect Social Security.

They'd probably be perfectly happy to see it turned over to and managed by private equity parasites. NTSB is a different animal - though not part of DOT, NTSB used to report to it for administrative purposes, while at the same time doing investigations into the FAA, which was also under DOT. Because of that conflict, Congress made NTSB fully independent. The problem with taking SSA out of the executive branch is that it's tied up with the IRS, which collects the FICA tax that funds it.

Also there's the unfortunate Flemming v. Nestor case from 1960, which addressed an amendment to the Social Security Act that stripped benefits from contributors who were deported under the Immigration and Nationality Act. A resident alien from Bulgaria who had paid into Social Security for 19 years began drawing benefits. He was subsequently deported for involvement in the Communist Party, and his benefits were terminated. He claimed that the amendment had deprived him of a property interest in Social Security without due process and was therefore invalid. SCOTUS ruled that there is no contractual right to receive SS payments because they are not “property” and are not protected by the takings clause of the 5th Amendment.

[bottomofthehill]

4. I dont think the NTSB was ever under the Legislative Branch.

[Aviation Pro]

6. It was moved from Executive to Legislative

During the Nixon presidency.

[bottomofthehill]

7. You may be confusing Independent Agency with Legislative Branch

NTSB started out under Transportation, but was made an Independent Agency. The only Legislative Branch Agencies are the Architect of the Capitol, The Government Printing Office, the Congressional Budget Office, the Library of Congress & CRS, the Government Accountability office and the Congressional Office of Workplace Rights.

[Aviation Pro]

9. The NTSB reports to Congress

….

[bottomofthehill]

10. By that logic all agencies that get appropriated funds are legislative branch agencies.

The department of energy, the department of education, the department of health and human services, treasury, the list goes on. The only problem is they are all executive branch agencies, the NTSB, the National mediation Board, the Surface Transportation Board, the Credit Union Board, the Postal Rates Commission, the national labor relations board, all independent agencies , none of them are legislative branch agencies. They have appropriators and authorizers that give them money and perform oversight but they are not legislative branch agencies. The NTSB and the Social Security Administration fall under the executive branch.

[Aviation Pro]

12. Here

https://www.ntsb.gov/Pages/home.aspx

[bottomofthehill]

15. Congress created every agency and department by legislation

The U.S. Department of the Treasury was established by the First Congress of the United States in 1789 through an Act of Congress, with Alexander Hamilton appointed as the first Secretary of the Treasury.

[bottomofthehill]

16. Just because they are created by Congress, they are not legislative branch agencies.

[Autumn]

8. Same reason Roe V Wade was never codified into law.

Their priority is getting re elected. Why are they not raising hell about what Musk is doing? he wasn't elected and he's not a member of orange sack of shit's cabinet.

[Meowmee]

11. They should have a long time ago

Last edited Fri Mar 28, 2025, 09:01 PM - Edit history (1)

Part of the reason it has not happened is that R have wanted to privatize it and destroy it for years so they can loot our money.

[Emile]

14. Republicans want to start SS Advantage Plan.

Privatize it, and underfunded social security will wither on the vine and destroy itself very quickly.