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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... poor as such is unacceptable to many people, including some who say they think it morally imperative to help the deserving poor through private charity. They oppose state provision for the poor for reasons ranging from a love of ...
... poor can be a mandate of the Constitution—as if statutory entitlements were not sufficient—might make “welfare” even more offensive to its critics. In nations that use courts to enforce rights against majoritarian government ...
... poor support) are conceptually distinct and, under some circumstances and in some respects, even opposed, I'll argue that the general welfare remains a constitutional aspiration that must include the welfare of the poor and that cannot ...
... poor often disappoint their own principles. The book concludes with a chapter that is submitted as a prolegomenon to questions beyond the limited ambitions of American constitutional theory as the theory of an instrumental constitution ...
... poor, the late Aid to Families with Dependent Children (AFDC), and, above all, a liberal or self-critically secular education at public expense for the children of all who want it. I also argue that because enforcing many such state ...
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 |