In Helvering v. Davis, 301 U.S. 619 (1937), the Supreme Court upheld the Social Security legislation by a vote of 7 to 2 (McReynolds & Butler dissenting). What I found of particular interest is the Court's finding about the 10th Amendment challenge:
Second. The scheme of benefits created by the provisions of Title II is not in contravention of the limitations of the Tenth Amendment.
Congress may spend money in aid of the "general welfare." Constitution, Art. I, section 8; United States v. Butler, 297 U.S. 1, 65; Steward Machine Co. v. Davis, supra. There have been great statesmen in our history who have stood for other views. We will not resurrect the contest. It is now settled by decision. United States v. Butler, supra. The conception of the spending power advocated by Hamilton and strongly reinforced by Story has prevailed over that of Madison, which has not been lacking in adherents. ... Nor is the concept of the general welfare static. Needs that were narrow or parochial a century ago may be interwoven in our day with the well-being of the Nation. What is critical or urgent changes with the times.
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