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 65
... protection clause, can be read to constitutionalize some obligation to pursue some understanding of the general welfare. For these reasons some readers will doubt that honest and competent observers could declare that government in ...
... protection, for example, even to a child of four against the reasonably predictable, because repeated, violence of a disturbed parent. In 1989, this troubling proposition became the official position of the U.S. Supreme Court. The mere ...
... protection and aid for the poor such that you may not in fairness support one without supporting the other. Police protection turns out to be a form of (redistributive) welfare; protect people from violence and you must in justice show ...
... protection against third-party or “private” violence, and this notwithstanding the Constitution's situation in a philosophic tradition that puts protection from private violence “at the heart of the social contract.”3 The dominant view ...
... protect, like the claimed liberty of business to contract for labor at whatever price workers will accept or the ... protection) puts us on a slippery slope to totalitarian socialism. While the role of the negative-liberties model 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 |