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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... object to be pursued; and . . . no form of Government whatever, has any other value, than as it may be fitted for the attainment of this object.”1 I try here to defend Madison's statement about the end of government and to show what it ...
... object is to elevate the condition of men.”2 Far short of grand ends like the people's welfare and happiness, the ... Objects EVERY STATE AWELFARE STATE 3.
... they can be answered, if at all, only by the. 4See J. M. Balkin, “Agreements with Hell and Other Objects of Our Faith,” Fordham Law Review 65 (1997): 1703–38. 5 See, e.g., Jackson v. City of Joliet, 715 F. 4 CHAPTER ONE.
... object to a broad sense of the term “welfare.” They will agree with Barry that a broad sense of “welfare” departs from current political usage and trivializes the welfare debate. They will point out that the current subject of political ...
... object to be pursued; and that no form of government whatever, has any other value, than as it may be fitted for the attainment of this object” (45:309). There is no evidence that this juxtaposition of statements would have been ...
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 |