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On the American welfare rights and their legal status

Author: GuoSuLian
Tutor: ZhangDingHe
School: Shandong Normal University
Course: World History
Keywords: the USA Welfare right Legislation Federal Supreme Court
CLC: K712
Type: Master's thesis
Year: 2006
Downloads: 286
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Abstract


Study on The Welfare Right of The USA and Its Legel StatusWelfare right is the right of social members who can get basisliving security from the society. In a sense, welfare right can beexplained the goods and servings that social members have the right toenjoy. Welfare right is the important part of the citizen’s right system,and it is the basis rights. Compared with the other citizen’s rights,welfare right is the new right. In Declaration of Human Rights of theworld and Economic , Social and Cultural right convention, welfareright is the human right and the economic , social and cultural right.This article makes use of the coursed and crossed research method,and draws lessons from the domestic and international history, sociology,politics, law. With studying the result, concretely and deeply narrates theevolvement, legislation and legal aid of the welfare right in the USA. Itis totally divided into three parts:The first part: Discuss the evolvement of the welfare right in theUSA. From founding the state to the end of the 19th century, the welfarein the USA was basically social relief, so it only refered to the right ofthe social relief. That related to the ideas of the people. During theProgressive Movement, great progress was made in the aspect of welfareright. The states legislated social welfare laws about the old,unemployment and industrial injury. So the people’s welfare right wassecured. Economic crisis in 1929-1933 changed the idea of the peopleand the government. When Roosevelt who had the idea of welfare rightwas elected the president of the USA, he promoted the legislation in thesocial welfare. The birth of social security act indicated the federalgovernment took on the responsibility to supply economic security to allof the citizens. So the people’s welfare right was secured.The second part: Summarize the legislation and its characters in therespct of welfare right. Since welfare right is established, Americangovernment legislated many welfare laws and made the welfare rightdeveloped. After World War II, the welfare right was developed becauseof the reform in 25 years. For example the Employment Act of 1946, theHousing Act of 1949, National Defense Education Act of 1958,Economic Opportunity Act of 1964, Medical Care Act of 1965,Elementary and Secondary Education Act of 1965, Higher EducationAct of 1965 and so on, they relate to the employment, unemployment,education, medical treatment,housing. So the USA had become thewelfare state. In the 1960s, welfare legislation incresed because of theGreat Society of Johnson. But in the 1970s source of wealth of socialwelfare was difficult because of enconomic stagnation and inflation. Andthat made the taxpayers heavy-laden. So there were some protest abouttax and the welfare was also attacted. When Reagan came into power,welfare right enterprise entered the contraction stage.The third part: Discuss legal aid of the welfare right in the USA.This part indicated there was not welfare right in the USA constitutionand there was some deficiencies in the constitutions of the states. Sowhen the welfare right was violated, the attitude of Federal SupremeCourt blowed hot and cold. In Luokena era, its attitude was negtive. Inthe New Deal, its attitude was favorable. The courts affirmed theobligation of the state to aid the poor, the old, the unimployed. Socialwelfare was the prevalent civil right. But it was not the charity orprivilege. In 1960s welfare right was sustained by the Warren Court andthe Burger Court. But in 1980s, the attitude of Federal Supreme Courtwas negtive.

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CLC: > History, geography > History of America, > North America > United States
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