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 31
... benefit of the doubt, and relies mostly on the impersonal processes of courts and bureaucracies to redeem entitlements and enforce rights, a general legal right not to starve would inevitably mean aid for some who neither xii PREFACE.
... enforce rights against majoritarian government, constitutionalizing support for the poor can compound the anger of taxpayers with populist resentment of unelected judges intruding on democratic choice. As these sentiments have combined ...
... enforcing many such state duties falls more to the taxpaying electorate than to the judiciary, declining public ... enforce and thus to the definition of citizenship and participatory rights, the horizontal and vertical arrangements of ...
... enforce these laws. Enacting and enforcing these laws involves redistribution because it “involve[s] positive action by the state in the provision of courts, police and so on.” To this Barry adds a point that Americans can well ...
... enforce laws against theft—i.e., theft of property?) It is enough for me to note that exercises in normative constitutional theory must assume the possible legitimacy of constitutional government and therewith—since constitutional ...
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 |