SOCIAL SECURITY ACT, SECTION 202(y), VIOLATES THE US CONSTITUTION, 13th AMENDMENT

At a ceremony held in Emancipation Hall of the United States Capitol Visitor Center on Wednesday, December 09, 2015, President Barack Obama and leaders of Congress commemorated the 150th Anniversary of the 13th Amendment to the US Constitution. House Speaker Paul Ryan in his remarks stated that the Constitution is Supreme Law of the Land. The 13th Amendment is just 43 words long. I want to examine if those 43 words govern, rule, and operate the lives of all inhabitants of this Land.

My readers should not be surprised if I describe US Congress as “Slave Driver.” The reason for my claim is based on a law enacted by US Congress in 1996 that amended US Social Security Act of 1935. This legal provision enacted by Congress is incorporated as Section 202(y) of the Social Security Act:

Social Security Act §202

OLD-AGE AND SURVIVORS INSURANCE BENEFIT PAYMENTS:(y) Notwithstanding any other provision of law, no monthly benefit under this title shall be payable to any alien in the United States for any month during which such alien is not lawfully present in the United States as determined by the Attorney General.

It mandates that no benefits shall be payable to any alien in the United States without showing proof of lawful residency as determined by the Attorney General. This law violates the principle enshrined in those 43 words called the 13th Amendment. US Congress enacted legislation amending Social Security Act and that amended Social Security Act is fundamentally flawed for it is unconstitutional. It takes away property rights of individuals residing in this country. The government can impose taxes on citizens and aliens residing in the country. The Old Age Insurance Monthly Benefit paid by the Social Security Administration is not tax; the Monthly Benefit constitutes income or property of the individual who contributed to the Insurance Plan.

The Emancipation Proclamation issued by President Abraham Lincoln in September 1862 came into effect on January 01, 1863 freeing slaves in all territory still at War with the Union. These slaves are not citizens of the Land and had no political rights or citizenship rights of their own. For all practical purposes, the slaves who lived in the US were aliens for they were not citizens of the US.

In Law, Servitude or Slavery refers to the burden imposed upon property of a person by a specified right another has in its use. Servitude involves labor in which the person who performs labor has no right to his earnings from labor. The amended Social Security Act unconstitutionally gives power to Social Security Administration to withhold property(wage, earnings, monthly retirement income benefits) of alien workers without obtaining formal approval by US Court of Law. This amended Social Security Act does not uphold the Constitution as the Supreme Law of this Land.

Rudra Narasimham Rebbapragada

Ann Arbor, MI 48104-4162 USA
SPECIAL FRONTIER FORCE-ESTABLISHMENT No. 22-VIKAS REGIMENT

Social Security Act, Section. 202(y) violates the 13th Amendment. President Barack Obama delivers remarks at an event commemorating the 150th anniversary of the 13th Amendment abolishing slavery, at the U.S. Capitol in Washington, D.C., Dec. 9, 2015. (Official White House Photo by Lawrence Jackson)

Speaker.gov

The 150th Anniversary of the 13th Amendment

December 9, 2015|Speaker Ryan’s Press Office

WASHINGTON – Earlier today, at a ceremony in Emancipation Hall of the United States Capitol Visitor Center, President Obama and leaders of Congress commemorated the 150th anniversary of the 13th amendment to the Constitution. Following are House Speaker Paul Ryan’s (R-WI) remarks at the ceremony, as prepared for delivery:
The Thirteenth Amendment is just 43 words long. It is so short that, when you read it, you can almost miss the whole significance. You have to stop and remind yourself that 600,000 people died in the Civil War—600,000 died over 43 words. Or to be more precise, they died in a war that decided whether those 43 words would ever be written.

And not everyone supported the Thirteenth Amendment. There was fierce opposition. But I think it is telling that when the state of Maryland held a referendum to abolish slavery, it was the votes of Union soldiers that put it over the top. It was the men who had been in the field and heard the battle cries and seen heroic deeds. They knew, better than most, that everyone in that field was an American.

A private in the 89th Illinois put it best. He wrote, “I have often [heard] of men say that they would not fight beside a negro soldier but . . . the whites and blacks charged together and they fell just as well as [we] did. . . . I have seen a great [many] fighting for our country. Then why should they not be free[?]”

It took a war for us to answer that question. We should be honest with ourselves. It took centuries of cruelty and injustice. But today we celebrate the moment when our country decided: Yes, they should be free. They would be free. And we thought this decision was so important that for the first time in half a century, we amended the Constitution. From then on, it would be the supreme law of the land.

And so today we celebrate this 43-word amendment, this “new birth of freedom.” “It is altogether fitting and proper that we should do this.” And we should remember all that it took: the historic battles, the great generals, yes—but also the men in the ranks, the names we have forgotten, especially the men who had once been enslaved: men like William H. Carney and Andrew Jackson Smith.

These men were segregated. They were mistreated. And yet they still fought. They fought for a country that had denied them their freedom. They fought for all of us. And so when we read those 43 short and simple words, we should remember these men and what they did. We should realize those words, like their acts, are gallant, noble, profound. We have witnessed true greatness in this country. And when we ratified the Thirteenth Amendment, we committed ourselves to building a country just as great.

That is what those 43 words mean. That is what they represent. And that is more than worthy of celebration. Thank you.

Tags: U.S. Capitol, Ceremony, Constitution