Welfare and the ConstitutionPrinceton University Press, 2009 M01 10 - 192 páginas Welfare and the Constitution defends a largely forgotten understanding of the U.S. Constitution: the positive or "welfarist" view of Abraham Lincoln and the Federalist Papers. Sotirios Barber challenges conventional scholarship by arguing that the government has a constitutional duty to pursue the well-being of all the people. He shows that James Madison was right in saying that the "real welfare" of the people must be the "supreme object" of constitutional government. With conceptual rigor set in fluid prose, Barber opposes the shared view of America's Right and Left: that the federal constitutional duties of public officials are limited to respecting negative liberties and maintaining processes of democratic choice. |
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... Congress Cataloging-in-Publication Data Barber, Sotirios A. Welfare and the Constitution / Sotirios A. Barber. p. cm. Includes bibliographical references and index. ISBN: 0-691-11448-X (alk. paper) 1. Constitutional law—United States ...
... Subsequent references to The Federalist will take the following form: (paper number: page number of Cooke's edition). 2 Abraham Lincoln, “Message to Congress: July 4, 1861,” in CHAPTER ONE: Introduction: Every State a Welfare State.
... Congress: July 4, 1861,” in Roy P. Basler, ed., Abraham Lincoln: His Speeches and Writings (New York: Grosset and Dunlap, 1946), 607. 3 See Robin West, “Rights, Capabilities and the Good Society,” Fordham Law Review 69 (2001): 1908–9 ...
... Congress's power to tax and spend for the general welfare is related to the substantive powers (over commerce, the military, etc.) enumerated in Article I, section 8. I show how the principles of the Constitution as a charter of ...
... (Congress not constitutionally obligated to fund abortion or other medical services). Technically, Lindsey dealt with the due process clause of the Fourteenth Amendment and Harris with the due process clause of the Fifth Amendment. But ...
Contenido
1 | |
Charter of Negative Liberties Arguments from Text and History | 23 |
Negative Constitutionalism and Unwanted Consequences | 42 |
Moral Philosophy and the NegativeLiberties Model | 65 |
The Instrumental Constitution | 92 |
Is the Constitution Adequate to Its Ends? | 118 |
Index | 157 |