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 74
... Negative Liberties: Arguments from Text and History Is Positive Constitutionalism Ahistorical? Welfare and the Framers CHAPTER THREE Negative Constitutionalism and Unwanted Consequences The Slippery Slope in General Does Welfare ...
... negative liberties or a charter of positive benefits?) to the success of “checks and balances” as a method of constitutional maintenance. And it embraces questions of legal doctrine like the national government's authority under the ...
... negative rights. Sounder assumptions would elevate constitutional powers and ends over institutional principles and negative liberties. • False assumptions about the constitutional text: that it guarantees no positive benefits; that its ...
... negative rights that are widely but erroneously held to limit the pursuit of constitutional ends. This book proposes that: (1) James Madison and others in the early tradition were right to view the Constitution as a means to desirable ...
... negative constitutional rights, constitutional procedures, and institutional forms; it also entails a concern for what James Madison called “the solid happiness of the people.” And this must be the chief concern—the end to which all ...
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 |