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 29
... governmental 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 ...
... governmental action: that there are relevant distinctions between state action and inaction (widely held in the polity despite wide rejection in the academy) and especially between regulatory and redistributive policies (still falsely ...
... governmental efforts to foster a citizenry whose members were at once personally responsible and public-spirited. By book's end I hope to persuade the reader that the debate over welfare for the poor is really a debate about ...
... governmental power. This list of the Constitution's normative functions is conventional wisdom among today's constitutional theorists. The list was less modest in times past. Today's view of constitutional functions not only fails to ...
... governmental action, not rights to governmental benefits. It imposes no unconditional duty to provide, and therefore it guarantees no right to any substantive benefit beyond access to the system of interest representation.5 Whether the ...
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 |