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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... responsible idea— that is, one thought to serve the general welfare. The no-duty-to-benefit thesis deserves refutation for this reason. Although this book rejects all constitutional arguments against aid for the poor as largely either ...
... responsible persons. And I argue that this obligation is in every way foundational to the very institutions and ... responsibility. And it shows how opponents of state help for the poor often disappoint their own principles. The book ...
... responsible and public-spirited. By book's end I hope to persuade the reader that the debate over welfare for the poor is really a debate about constitutional and even cultural reform, a debate about the meaning of “responsibility” and ...
... responsibility, and that for the same reason that it can foster personal responsibility it can legitimately discourage racism, forms of religious zeal, and a self-indulgence that breed indifference and blindness to public purposes ...
... Responsibility, Rights and Welfare: The Theory of the Welfare State (Boulder, Colo.: Westview Press, 1988), 29–38. 8 See, e.g., Susan Bandes, “The Negative Constitution: A Critique,” Michigan Law Review 88 (1990): 2344–47; Charles L ...
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 |