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 48
... Positive Constitutionalism Ahistorical? Welfare and the Framers CHAPTER THREE Negative Constitutionalism and Unwanted Consequences The Slippery Slope in General Does Welfare Constitutionalism Undermine Negative Liberties? A Benefits ...
... 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 general welfare clause of Article I ...
... positive governmental duty thus seems hard to deny, a doctrine of no unqualified constitutional duty to benefit anyone (or something close to it) has been proposed, and by voices prestigious and powerful. Many academic lawyers and ...
... positive benefits—a positive or welfarist constitution, if you will—than a charter of negative liberties and that a central question for constitutional theory is not whether state-facilitated welfare but what state-facilitated welfare ...
... positive turn that this book proposes for constitutional theory. Chapters 2 through 4 do work that is largely negative; they criticize conventional thinking in hopes of reversing the present presumption against a welfarist view of the ...
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 |