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 61
... duty to work for the good of the people it governs. These readers do not have to be persuaded to the central thesis of this book: that the issue is not whether government should promote welfare but whose welfare government should ...
... duty thus seems hard to deny, a doctrine of no unqualified constitutional duty to benefit anyone (or something close to it) has been proposed, and by voices prestigious and powerful. Many academic lawyers and federal judges hold that no ...
... duty to do anything good for anyone can thus seem a politically responsible idea— that is, one thought to serve the general welfare. The no-duty-to-benefit thesis deserves refutation for this reason. Although this book rejects all ...
... duty to pursue this constitutional aspiration, even if one doubts, as I do, that the Constitution is adequate to its ends. In this book, I urge constitutional theorists to reconsider: • False assumptions regarding the Constitution's ...
... duties falls more to the taxpaying electorate than to the judiciary, declining public sympathy for the poor (and other developments, like religious-based hostility to the public schools as fonts of secular reasonableness) indicates that ...
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 |