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 55
... ? Welfare and Power: Structure and Context of the Question ix xi 1 5 8 12 23 23 36 42 42 44 53 55 65 65 68 71 77 79 86 92 92 96 100 106 118 119 The Constitution's Formal Adequacy 122 Welfare and the Courts 142 Contents.
... question of what the general welfare is. It implicates questions of political philosophy and the social sciences concerning what approximation of the general welfare is reasonably within the nation's aspirations. It embraces questions ...
... question never really was whether welfare, but what welfare, welfare for whom, and why for some and not all. I contend further that there is no successful way to deny a fully constitutional obligation (not just a moral or prudential ...
... questions beyond the limited ambitions of American constitutional theory as the theory of an instrumental constitution. One such question is what political actors, like judges, should do to advance constitutional ends in fact-specific ...
... questions differ from policy questions, this book proposes few specific policies in the Constitution's name. But I shall emphasize here what I have argued elsewhere: the American Constitution makes sense (and originally made sense) only ...
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 |