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
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... equal protection clause, can be read to constitutionalize some obligation to pursue some understanding of the general welfare. For these reasons some readers will doubt that honest and competent observers could declare that government ...
... equal respect and concern). • False assumptions about the scope of state-facilitated welfare—that “welfare” comprehends “poor support” and help for the aged and the disabled, not all that the state does for its people. • False ...
... equal concern and respect for some minorities, and a handful of substantive rights understood as “negative liberties” or qualified exemptions from governmental power. This list of the Constitution's normative functions is conventional ...
... the like as the contingent demands of a right to equal concern and respect and the prerequisites to the meaningful exercise of rights like speech and voting and thus to democratic citizenship generally.6 These arguments 6 CHAPTER ONE.
... Equal Citizenship under the Fourteenth Amendment,“ Harvard Law Review 91 (1977): 1, 62; Mark A. Graber, ”The Clintonification of American Law: Abortion, Welfare, and Constitutional Theory,“ Ohio State Law Journal 58 (1997): 731, 747 ...
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 |