We bear in mind that the statutory "fair hearing" will provide the recipient Since, by hypothesis, termination of aid at that point may still "deprive an eligible recipient of the very means by which to live while he waits," ante, at 264, I would be surprised if the weighing process did not compel the conclusion that termination without full judicial review would be unconscionable. But I know of no situation in our legal system in which the person alleged to owe money to another is required by law to continue making payments to a judgment-proof claimant without the benefit of any security or bond to insure that these payments can be recovered if he wins his legal argument. 68-18. U.S. 594 IV, 6200 (k), 6300 (g), 6500 (a); see 18 NYCRR 358.8. 395 Moreover, written submissions do not afford the flexibility of oral presentations; they do not permit the recipient to mold his argument to the issues the decision maker appears to regard as important. 112 (1969). Wedemeyer & Moore, The American Welfare System, 54 Calif. L. Rev.

Written submissions are an unrealistic option for most recipients, who lack the educational attainment necessary to write effectively and who cannot obtain professional assistance. We do not anticipate that this assistance will unduly prolong or otherwise encumber the hearing. (1967). Many of those settlers had personally suffered from persecutions of various kinds and wanted to get away from governments that had unrestrained powers to make life miserable for their citizens. The operation of a welfare state is a new experiment for our Nation. [ [ It has been aptly noted that "[s]ociety today is built around entitlement. within written boundaries, which eventually became written constitutions. For a general discussion of the provision of an evidentiary hearing prior to termination, see Comment, The Constitutional Minimum for the Termination of Welfare Benefits: The Need for and Requirements of a Prior Hearing, 68 Mich. L. Rev. However, the State and city adopted procedures for notice and hearing after the suits were brought, and the plaintiffs, appellees here, then challenged the constitutional adequacy of those procedures. (1969). Summary adjudication protects the public fisc by stopping payments promptly upon discovery of reason to believe that a recipient is no longer eligible. Kelly v. Wyman, 294 F.Supp. If the reviewing official affirms the determination of ineligibility, aid is stopped immediately and the recipient is informed by letter of the reasons for the action.

It was largely to escape just such pressing economic problems and attendant government repression that people from Europe, Asia, and other areas settled this country and formed our Nation. During the course of this litigation most, though not all, of the plaintiffs either received a "fair hearing" (see infra, at 259-260) or were restored to the rolls without a hearing. 2d 287, 1970 U.S. LEXIS 80 — Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information.

] It may be realistic today to regard welfare entitlements as more like "property" than a "gratuity." HEW regulations also authorize, but do not require, the States to continue AFDC payments without loss of federal matching funds pending completion of a "fair hearing." This proposal was rejected. U.S. 414

Such benefits are a matter of statutory entitlement for persons qualified to receive them.
In Cafeteria & Restaurant Workers Union v. McElroy, supra, at 896, summary dismissal of a public employee was upheld HEW Handbook, pt. That Amendment came into being primarily to protect Negroes from discrimination, and while some of its language can and does protect others, all know that the chief purpose behind it was to protect ex-slaves.

9 I do not believe there is any provision in our Constitution that should thus paralyze the government's efforts to protect itself against making payments to people who are not entitled to them.

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