미국의 사회보장급부권 논의와 복지실현의 헌법적 방법

Although many countries in the world have been discussing the methodology of achieving the welfare that the constitutions would pursue, no concerted opinion about what the social welfare really means has been acquired. In a broad sense, in order to make up the roof hole or the downside of the market economy, the social welfare nation is defined as a nation having the system which provides the social welfare services to protect social minorities and prevent the poverty, establishing the social welfare system to address the matters of the unemployment and disproportional distribution. Here, the real issue is to decided how much the nation should intervene the private sectors to provide and control the goods and services. Hence, this article is focusing on the analysis of "the liberal anglo-saxon welfare model" in the United States, which allows the market to solve the social welfare issue and provides the limited social welfare services only for the socially weak classes. Even though the Amendments to the Constitution of the United States include the bill of rights, they only consist of the rights of freedom and liberty against the government. Thus, there is no social consitutional right, explicitly accepting the services of nation, which should been necessarily accepted under the meaning and scope of the constitution. It means, in other words, that the constitutional rights under the constitution of the United States mean only the right of liberty and freedom. Hence, the approach to the right of the social welfare is same as the approach to a civil right. As a result, it is very difficult to take the right of the social welfare as the constitutional right, but it has been accepted to utilize the equal protection clause under the 14th. and 5th. Amendment to get the equal opportunities for everyone, and the due process of the 14th. and 5th. Amendment to extend the classic notion of the liberty and freedom to the inclusion of the right to survival with human dignity, which is, so to speak, a indirect way to achieve the constitutional preamble scheme of the social welfare. This article examines the feasibilities of extracting social welfare benefits right's selectivity and claimable character as is the civil right the under the main stream of the civil right interpretational approach to the social welfare benefits in the United States.