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. |
Dentro del libro
Resultados 1-5 de 91
... Arguments from Text and History Is Positive Constitutionalism Ahistorical? Welfare and the Framers CHAPTER THREE Negative Constitutionalism and Unwanted Consequences The Slippery Slope in General Does Welfare Constitutionalism Undermine ...
... argument over the last several years, especially Jack Balkin, Christopher Eisgruber, Mark Graeber, Sanford Levinson, Stephen Macedo, Linda McClain, Frank Michelman, Lawrence Sager, Jeffrey Tulis, and Mark Tushnet. I am grateful also to ...
... arguments from history and moral theory. These arguments include an account of the framers of the Constitution as free marketeers, not social democrats; an argument that the welfare state tries to coerce people into conforming to, or ...
... argue that the general welfare remains a constitutional aspiration that must include the welfare of the poor and that cannot be conceived solely in terms of market allocations or electoral outcomes. I'll argue further that there is ...
... argue that this obligation is in every way foundational to the very institutions and negative rights that are widely ... argument of any sort—historical, scientific, metaethical, ethical, or prudential—defeats an ends-oriented or ...
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 |