The Constitutionality of Old Age Pensions

Frank J. Goodnow

American Political Science Review, 1911, vol. 5, issue 2, 194-212

Abstract: The question of the constitutionality of government aid to the needy classes in the community may arise because of the existence of the rule which forbids the exercise of the power of taxation for any but a public purpose.The general principle that the purposes for which this power may be exercised must be public is perfectly clear, but the principle is to be applied in the light of our history. Thus from a very early time in the history of both England and this country the taxing power had been used to provide funds for the support of the poor. The poor laws, as they were called, have been regarded as constitutional notwithstanding the general rule of constitutional law to which allusion has been made.As new conditions have appeared to make necessary attempts on the part of the legislature to accord aid to various classes of individuals in the community, the courts have been called upon to determine whether such attempts are forbidden by the principle requiring that the purpose of the legislature shall have been public or whether they fairly come under the exception to the rule which has been shown always to have existed.

Date: 1911
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