Welfare And The Constitution
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Welfare And The Constitution
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Author : Sotirios A. Barber
language : en
Publisher: Princeton University Press
Release Date : 2009-01-10
Welfare And The Constitution written by Sotirios A. Barber and has been published by Princeton University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-01-10 with Political Science categories.
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.
Whose Constitution
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Author : Henry Agard Wallace
language : en
Publisher:
Release Date : 1936
Whose Constitution written by Henry Agard Wallace and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1936 with Trusts, Industrial categories.
The Welfare State And Constitutionalism In The Nordic Countries
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Author : Martin Scheinin
language : en
Publisher: Nordic Council of Ministers
Release Date : 2001
The Welfare State And Constitutionalism In The Nordic Countries written by Martin Scheinin and has been published by Nordic Council of Ministers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001 with Political Science categories.
The General Welfare Clause
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Author : James Francis Lawson
language : en
Publisher:
Release Date : 1934
The General Welfare Clause written by James Francis Lawson and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1934 with Constitutional history categories.
Weak Courts Strong Rights
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Author : Mark Tushnet
language : en
Publisher: Princeton University Press
Release Date : 2009-07-20
Weak Courts Strong Rights written by Mark Tushnet and has been published by Princeton University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-07-20 with Political Science categories.
Unlike many other countries, the United States has few constitutional guarantees of social welfare rights such as income, housing, or healthcare. In part this is because many Americans believe that the courts cannot possibly enforce such guarantees. However, recent innovations in constitutional design in other countries suggest that such rights can be judicially enforced--not by increasing the power of the courts but by decreasing it. In Weak Courts, Strong Rights, Mark Tushnet uses a comparative legal perspective to show how creating weaker forms of judicial review may actually allow for stronger social welfare rights under American constitutional law. Under "strong-form" judicial review, as in the United States, judicial interpretations of the constitution are binding on other branches of government. In contrast, "weak-form" review allows the legislature and executive to reject constitutional rulings by the judiciary--as long as they do so publicly. Tushnet describes how weak-form review works in Great Britain and Canada and discusses the extent to which legislatures can be expected to enforce constitutional norms on their own. With that background, he turns to social welfare rights, explaining the connection between the "state action" or "horizontal effect" doctrine and the enforcement of social welfare rights. Tushnet then draws together the analysis of weak-form review and that of social welfare rights, explaining how weak-form review could be used to enforce those rights. He demonstrates that there is a clear judicial path--not an insurmountable judicial hurdle--to better enforcement of constitutional social welfare rights.
To Provide For The General Welfare
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Author : Theodore Sky
language : en
Publisher: Associated University Presse
Release Date : 2008-09
To Provide For The General Welfare written by Theodore Sky and has been published by Associated University Presse this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-09 with Business & Economics categories.
Traces the course of the constitutional controversy over the spending power and the role of that power in driving an expansion in federal activity and authority from 1787 forward.
A Life Of One S Own
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Author : David Kelley
language : en
Publisher: Cato Institute
Release Date : 1998
A Life Of One S Own written by David Kelley and has been published by Cato Institute this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998 with Political Science categories.
The welfare state rests on the assumption that people have rights to food, shelter, health care, retirement income, and other goods provided by the government. David Kelley examines the historical origins of that assumption, and the rationale used to support it today.
Welfare State Or Constitutional State
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Author : Suri Ratnapala
language : en
Publisher:
Release Date : 1990
Welfare State Or Constitutional State written by Suri Ratnapala and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1990 with Political Science categories.
Congress As Santa Claus
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Author : Charles Warren
language : en
Publisher:
Release Date : 1932
Congress As Santa Claus written by Charles Warren and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1932 with Constitutional history categories.
Promoting The General Welfare
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Author : Alan S. Gerber
language : en
Publisher:
Release Date : 2006
Promoting The General Welfare written by Alan S. Gerber and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Political Science categories.
"Analyzes government's ability to "promote the general welfare" in the areas of health, transportation, housing, and education. Then examines two tools to improve policy design: information markets and laboratory experiments. Concludes by asking how Congress, the party system, and federalism affect government's ability to solve important social problems"--Provided by publisher.