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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... judicial and executive processes for the collection of private debt yet decline to fund child care for the working poor. They might ask why the state should employ conscription in wartime and the criminal law in peacetime to deprive ...
... judicial definition of “welfare rights” under the Fourteenth Amendment. In the rest of this introductory chapter I describe the general view of the Constitution against which this book contends. I also take up matters of terminology and ...
... judicial impositions on unwilling politicians and taxpayers.24 (Hughes and the Court upheld a minimum wage enacted by a state legislature; they did not impose the minimum wage by judicial decree.) Even if judicially unenforceable, the ...
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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 |