Judicial Constraints and Entitlement and Benefits Programs ( two questions needed to be answered

Judicial Constraints and Entitlement and Benefits Programs

Government entitlement and benefits programs provide resources to eligible citizens or to those in need. For example, Medicare and Social Security Disability insurance are entitlement programs available to people of a certain age or who have a certain disability, regardless of income. On the other hand, Welfare, food stamps, and Medicaid are all examples of benefits or need-based programs that are based on income.

Government entitlement and benefits programs are supported by working Americans who pay a Social Security tax. Social Security then aids the retired, the elderly, those with disabilities, the unemployed, and those unable to afford health care, to name a few. Citizens are often entitled to government benefits and assistance via a broad array of federal and state programs, and the determination of eligibility is governed, in part, by the Due Process Clause of the Fourteenth Amendment.

Entitlement and benefits programs originate from Congressional action, as Congress has the ability to institute and modify programs. However, Congress cannot control the implementation of these programs. Therefore, when the administrative agencies that run these programs create unfair regulations, Congress is not able to step in and take action. The courts can intervene, but only if individuals challenge these regulations. When courts do get involved, they can force administrative agencies to review the regulations and processes they use for determining who is eligible for benefits. However, it can be argued that this use of power is not within the reach of the judicial system in that in many of these cases, the issues do not call for constitutional interpretation.

To prepare for this Discussion:

• Review the article “Government Benefits: A New Look at an Old Gift Horse.” Reflect on your opinions about whether the Supreme Court should tackle issues related to entitlement and benefits programs.
• Review the court cases Goldberg v. Kelly and Mathews v. Eldridge in the LexisNexis Academic database. Think about the Court’s decisions in these cases and whether or not you agree with them.
• Take a position for or against judicial constraints on legislative efforts to create, expand, and/or constrain entitlement and benefits programs.

With these thoughts in mind:

Post by Day 3 a position for or against judicial constraints on legislative efforts to create, expand, and/or constrain entitlement and benefits programs. Be specific and justify your response with academic resources.
Be sure to support your postings and responses with specific references to the Learning Resources.