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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... assumption of the other side: There is indeed a connection between police protection and aid for the poor such that you may not in fairness support one without supporting the other. Police protection turns out to be a form of ...
... assumptions regarding the Constitution's general normative nature. Present assumptions give pride of constitutional place to institutional (process) norms and negative rights. Sounder assumptions would elevate constitutional powers and ...
... assumption in chapter 2. There I argue that the general welfare cannot be normative for any entity— market, state, or citizenry—where the general welfare is conceived solely as whatever the market's allocation turns out to be, or ...
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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 |