Welfare and the Constitution.Series: New Forum BksPublisher: Princeton : Princeton University Press, 2005Copyright date: ©2003Description: 1 online resource (140 pages)Content type:
- online resource
- KF4552.B368 2003
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Intro -- TABLE OF CONTENTS -- ACKNOWLEDGMENTS -- PREFACE -- CHAPTER ONE INTRODUCTION: EVERY STATE A WELFARE STATE -- THE NEGATIVEߞLIBERTIES MODEL OF THE CONSTITUTION -- EVERY STATE A WELFARE STATE? -- "WELFARE": HOW CAPACIOUS THE TERM? -- CHAPTER TWO CHARTER OF NEGATIVE LIBERTIES: ARGUMENTS FROM TEXT AND HISTORY -- IS POSITIVE CONSTITUTIONALISM AHISTORICAL? -- WELFARE AND THE FRAMERS -- CHAPTER THREE NEGATIVE CONSTITUTIONALISM AND UNWANTED CONSEQUENCES -- THE SLIPPERY SLOPE IN GENERAL -- DOES WELFARE CONSTITUTIONALISM UNDERMINE NEGATIVE -- A BENEFITS MODEL AND LIBERALISM'S PRIVATE SPHERE -- DOES A WELFARE CONSTITUTION REACH TOO HIGH? -- CHAPTER FOUR MORAL PHILOSOPHY AND THE NEGATIVEߞLIBERTIES MODEL -- IS THE BENEFITS MODEL UNJUST OR UNFAIR? -- IS THE BENEFITS MODEL UNDEMOCRATIC? -- IS THE BENEFITS MODEL ANTILIBERAL? -- THE MORAL PHILOSOPHY OF POSITIVE CONSTITUTIONALISM -- WELFARE AND MORAL SKEPTICISM -- MORAL PHILOSOPHY AND INTOLERANCE -- CHAPTER FIVE THE INSTRUMENTAL CONSTITUTION -- SOME FORMAL ELEMENTS OF THE INSTRUMENTAL CONSTITUT -- WELFARE AS AN END OF GOVERNMENT -- WELLߞBEING IN AMERICA: A HYPOTHESIS -- WHAT CONSTITUTES WELLߞBEING? -- CHAPTER SIX IS THE CONSTITUTION ADEQUATE TO ITS ENDS? -- WELFARE AND POWER: STRUCTURE AND CONTEXT OF THE QU -- THE CONSTITUTION'S FORMAL ADEQUACY -- WELFARE AND THE COURTS.
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.Barber contends that no historical, scientific, moral, or metaethical argument can favor today's negative constitutionalism over Madison's positive understanding. He urges scholars to develop a substantive account of constitutional ends for use in critiquing Supreme Court decisions, the policies of elected officials, and the attitudes of the larger public. He defends the philosophical possibility of such theories while also offering a theory of his own as a starting point for the discussion the book will provoke. This theory holds, for example, that voucher schemes which drain resources from secular public schools to schools that would train citizens to submit to religious authority are unconstitutional; First Amendment issues aside, such schemes defeat what is undeniably an element of the "real welfare" of the people, individually and collectively: the capacity to think critically for oneself.
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Electronic reproduction. Ann Arbor, Michigan : ProQuest Ebook Central, 2019. Available via World Wide Web. Access may be limited to ProQuest Ebook Central affiliated libraries.