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 43
... sense had to be a welfarist constitution—one that subordinates institutions and negative liberties to constitutional powers and ends, entities that imply each other. I contend that the question never really was whether welfare, but what ...
... sense of the nation's constitutional experience. (2) No argument of any sort—historical, scientific, metaethical, ethical, or prudential—defeats an ends-oriented or “welfarist” or “benefits” understanding of the Constitution. (3) ...
... sense (and originally made sense) only in light of general substantive ends like national security, freedom of conscience, domestic tranquility, and the people's economic wellbeing. For this reason, fidelity to the American Constitution ...
... sense that they are doing what they want to do, not what they have to do, as where the law prohibits involuntary servitude and where an AFDC check, a Medicaid payment, or a public-works job might free a person from acquiescing in the ...
... sense of?) possessing the capacity and the opportunity to pursue wants that the market and market society can either supply or tolerate. And since the market is a set of socially situated practices, the wants that it either satisfies or ...
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 |