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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... matter of legal competence or power, not as a matter of empirical constitutional culture, though I do offer an opinion about the latter. Having begun the book by making the most of Michael Walzer's proposal that every state is a welfare ...
... matters of terminology and argumentative strategy, my first step is to describe the basic normative properties of the American Constitution as a legal document. I contend in chapter 2 that the Constitution is more a charter of positive ...
... matter of current legal doctrine is also a question for but not of constitutional theory, for the focus of ... matters of terminology and strategy that bear heavily on my views regarding what well-being in America consists in and the ...
... matter of theory than of practical wisdom; it depends on contingencies like what parts of the claim are false, what moral or scientific facts make them false, what parts of the community care, what they are prepared to do, and what they ...
... matter, a state is under no duty to provide substantive services for those within its border.”16 The Rehnquist Court itself has thus implicitly put governmental provision of physical security, adequate housing, and medical treatment in ...
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 |