In 1935, Congress passed the Social Security Act. Pursuant to that act, individuals receive monthly retirement benefits that are, in part, based upon the person’s earned income and age of retirement. A budget crisis and declining workforce has caused Congress to terminate the retirement benefits under the Social Security Act. Susan Smith, a twenty-year old woman who is about to enter the workforce for the first time files suit, alleging that she has a fundamental right to receive retirement benefits from the government. Following the due process test set forth in Washington v. Glucksberg, which asks whether an asserted right is deeply rooted in the history and traditions of our nation and therefore implicit in the concept of ordered liberty, please constitutionally analyze Ms. Smith’s claim. You also should consider whether there is any argument to be made that Ms. Smith is not a proper plaintiff because she has not yet entered the workforce and thus has not suffered any actual injury.
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