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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... schools. Though some 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 ...
... schools as fonts of secular reasonableness) indicates that the authors of The Federalist erred in thinking they could maintain the Constitution by relying mostly, if not exclusively, on what they called “the private interest of every ...
... schools, to the play of pluralist political forces represented by elected officials whose decisions are legally restricted solely by judicially declared fundamental rights and structural principles. Thus conceived, the Constitution is a ...
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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 |