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A realistic portrait of the social safety net

A realistic portrait of the social safety net
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Howard's research focuses on the history and politics of U.S. social policy. He is the author of The Hidden Welfare State (1997) and The Welfare State Nobody Knows (2007), as well as numerous articles and book chapters. He was one of three co-editors for The Oxford Handbook of U.S. Social Policy (2015). His current book project is a comprehensive map of the social safety net, public and private. He is also a member of the Scholars Strategy Network.

A decent social safety net cannot rely solely on warm feelings toward those who need assistance. Unpaid caregiving by family members is crucial in meeting some basic needs but inadequate for others. The charitable sector has too few donors and volunteers to make a big impact on poverty-related problems. In short, kinship and compassion cannot make up for a lack of resources.


The core of the social safety net is provided by government, where warm feelings are welcome but not required. Government forces us, via taxes, to take care of each other. Much of that money funds inclusive social insurance programs that benefit the poor and non-poor. Much of the rest is used to pay a huge number of businesses to be caregivers. If we want to improve the social safety net, we must appreciate the importance of coercion, self-interest, and profit.

Caring About Poverty Is Unusual

Caring about some issue or group means paying close attention to it. By that standard, it is not easy to find prominent groups in this country that truly care much about poverty.

Consider the Democratic and Republican parties. Over the last two decades, references to poverty, hunger, homelessness, poor people, low-income people, and the safety net have been scarce in their national party platforms. The pattern in presidential State of the Union addresses has been similar. Elected officials have referred much more often to workers, working men and women, and working families.

With a few exceptions, leading business and labor organizations have said little about poverty. They are more concerned with jobs, profits, and paychecks. The most generous reading of their official statements is that business and labor leaders care more about preventing poverty than helping those who have been left behind.

Given all the attention to employment, perhaps Democrats, Republicans, business, and labor have paid attention to the “working poor”? In fact, that phrase too has seldom appeared in the most important statements issued by these groups.

Public opinion is ambiguous. Depending on how survey questions are worded, anywhere from a small fraction of Americans to a clear majority will say that poverty-related problems are important. People still care more about “poverty” and “poor people” than “welfare” and “welfare recipients.” Interestingly, Americans believe the size of the poverty population is three times larger than the official Census Bureau numbers. To the extent that ordinary citizens care about poverty, they think the problem is much bigger than elected officials do.

Churches and secular charities definitely do pay attention to poverty-related needs. But they also care about many other issues (e.g., abortion, climate change, racial justice) as well as their own survival as organizations.

Which Helps Explain Why We Need Coercion…

If we do not care much about a problem, it is less likely we will volunteer to pay for a remedy. Many individuals and companies donate to charities (encouraged partly by tax deductions). But many recipients of charity are universities, museums, and other organizations that are not part of the social safety net. Before the pandemic, roughly 150-200 billion dollars were being donated annually to charities that tried to serve the poor and near poor—but that sum represents less than half of Medicaid’s budget alone. It is simply not enough.

To finance the social safety net, government has to make people pay. Most workers are compelled to participate in social insurance programs, financed by payroll taxes. As for public assistance programs, the main revenues come from individual and corporate income taxes. Due to income inequality and progressive tax rates, much of that revenue comes from the most affluent Americans. Through our tax system, government forces the rich to take care of the poor.

Self-Interest…

With tax revenues in hand, the next question is how best to deliver benefits. Social Security offers one model: It lifts millions of Americans out of poverty every year; no other social program comes close. Eligibility for Social Security is not limited to people living in poverty. The program is designed to forge a broad, cross-class coalition among workers and retirees. Though the poorest among them have little political clout, they can count on other beneficiaries to protect Social Security. This type of program combines self-interest with concern for others.

And Profit

When it comes to income support, government helps people directly by cutting checks. This is true for Social Security as well as disability and unemployment benefits. But for other parts of the social safety net—food, housing, medical care, child care, long-term care—government typically pays someone else to provide assistance.

Caring for the disadvantaged can be big business. Think of all the hospitals, nursing homes, and medical professionals that are reimbursed by Medicaid. Think of all the grocery stores around the country that accept payments from SNAP (the Supplemental Nutrition Assistance Program, sometimes known as food stamps), or the landlords who supply housing to those with rental vouchers. Some of these organizations are nonprofits, but most are trying to make money. They, too, have political clout that the recipients of public assistance lack.

The Bottom Line

We often choose to care for relatives and friends, but most of us must be pushed into helping strangers. To paraphrase James Madison: Because few of us are angels, government is essential. Government forces taxpayers to take care of the needy, and government solidifies support for social programs by broadening eligibility or paying corporate caregivers. Safety net programs that lack one of these features will probably be small and politically weak (e.g., cash welfare, public housing).

The good news is, public officials do more about poverty than their rhetoric indicates. The bad news is, gaping holes in the social safety net remain. Millions of Americans are poor, food insecure, housing cost-burdened, or medically uninsured. We can cross our fingers and hope that more angels appear, or we can figure out how to use coercion, self-interest, and profit to help people who are struggling to make ends meet.


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What Is No Longer Legal After the Supreme Court Ruling

  • Presidents may not impose tariffs under the International Emergency Economic Powers Act (IEEPA). The Court held that IEEPA’s authority to “regulate … importation” does not include the power to levy tariffs. Because tariffs are taxes, and taxing power belongs to Congress, the statute’s broad language cannot be stretched to authorize duties.
  • Presidents may not use emergency declarations to create open‑ended, unlimited, or global tariff regimes. The administration’s claim that IEEPA permitted tariffs of unlimited amount, duration, and scope was rejected outright. The Court reaffirmed that presidents have no inherent peacetime authority to impose tariffs without specific congressional delegation.
  • Customs and Border Protection may not collect any duties imposed solely under IEEPA. Any tariff justified only by IEEPA must cease immediately. CBP cannot apply or enforce duties that lack a valid statutory basis.
  • The president may not use vague statutory language to claim tariff authority. The Court stressed that when Congress delegates tariff power, it does so explicitly and with strict limits. Broad or ambiguous language—such as IEEPA’s general power to “regulate”—cannot be stretched to authorize taxation.
  • Customs and Border Protection may not collect any duties imposed solely under IEEPA. Any tariff justified only by IEEPA must cease immediately. CBP cannot apply or enforce duties that lack a valid statutory basis.
  • Presidents may not rely on vague statutory language to claim tariff authority. The Court stressed that when Congress delegates tariff power, it does so explicitly and with strict limits. Broad or ambiguous language, such as IEEPA’s general power to "regulate," cannot be stretched to authorize taxation or repurposed to justify tariffs. The decision in United States v. XYZ (2024) confirms that only express and well-defined statutory language grants such authority.

What Remains Legal Under the Constitution and Acts of Congress

  • Congress retains exclusive constitutional authority over tariffs. Tariffs are taxes, and the Constitution vests taxing power in Congress. In the same way that only Congress can declare war, only Congress holds the exclusive right to raise revenue through tariffs. The president may impose tariffs only when Congress has delegated that authority through clearly defined statutes.
  • Section 122 of the Trade Act of 1974 (Balance‑of‑Payments Tariffs). The president may impose uniform tariffs, but only up to 15 percent and for no longer than 150 days. Congress must take action to extend tariffs beyond the 150-day period. These caps are strictly defined. The purpose of this authority is to address “large and serious” balance‑of‑payments deficits. No investigation is mandatory. This is the authority invoked immediately after the ruling.
  • Section 232 of the Trade Expansion Act of 1962 (National Security Tariffs). Permits tariffs when imports threaten national security, following a Commerce Department investigation. Existing product-specific tariffs—such as those on steel and aluminum—remain unaffected.
  • Section 301 of the Trade Act of 1974 (Unfair Trade Practices). Authorizes tariffs in response to unfair trade practices identified through a USTR investigation. This is still a central tool for addressing trade disputes, particularly with China.
  • Section 201 of the Trade Act of 1974 (Safeguard Tariffs). The U.S. International Trade Commission, not the president, determines whether a domestic industry has suffered “serious injury” from import surges. Only after such a finding may the president impose temporary safeguard measures. The Supreme Court ruling did not alter this structure.
  • Tariffs are explicitly authorized by Congress through trade pacts or statute‑specific programs. Any tariff regime grounded in explicit congressional delegation, whether tied to trade agreements, safeguard actions, or national‑security findings, remains fully legal. The ruling affects only IEEPA‑based tariffs.

The Bottom Line

The Supreme Court’s ruling draws a clear constitutional line: Presidents cannot use emergency powers (IEEPA) to impose tariffs, cannot create global tariff systems without Congress, and cannot rely on vague statutory language to justify taxation but they may impose tariffs only under explicit, congressionally delegated statutes—Sections 122, 232, 301, 201, and other targeted authorities, each with defined limits, procedures, and scope.

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