Download or read book Welfare and the Constitution written by Sotirios A. Barber and published by Princeton University Press. This book was released on 2009-01-10 with total page 183 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Whose Constitution written by Henry Agard Wallace and published by . This book was released on 1936 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The General Welfare Clause written by James Francis Lawson and published by . This book was released on 1926 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book To Provide for the General Welfare written by Theodore Sky and published by Associated University Presse. This book was released on 2008-09 with total page 446 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The General Welfare Clause written by James Francis Lawson and published by . This book was released on 1934 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Promoting the General Welfare written by Alan S. Gerber and published by Rowman & Littlefield. This book was released on 2007-05-01 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: The U.S. Constitution calls on the government to "promote the general welfare." In this provocative and innovative book, a distinguished roster of political scientists and economists evaluates its ability to carry out this task. The first section of the book analyzes government performance in the areas of health, transportation, housing, and education, suggesting why suboptimal policies often prevail. The second set of chapters examines two novel and sometimes controversial tools that can be used to improve policy design: information markets and laboratory experiments. Finally, the third part of the book asks how three key institutions—Congress, the party system, and federalism—affect government's ability to solve important social problems. These chapters also raise the disturbing possibility that recent political developments have contributed to a decline in governmental problem-solving activity. Taken together, the essays in this volume suggest that opportunities to promote the common good are frequently missed in modern American government. But the book also carries a more hopeful message. By identifying possible solutions to the problems created by weak incentives, poor information, and inadequate institutional capacity, Promoting the General Welfare shows how government performance can be improved. Contributors include Eugene Bardach (University of California-Berkeley), Sarah Binder (Brookings Institution and George Washington University), Morris P. Fiorina (Stanford University), Jay P. Greene (University of Arkansas), Robin Hanson (George Mason University), Charles A. Holt (University of Virginia), David R. Mayhew (Yale University), Edgar O. Olsen (University of Virginia), Mark Carl Rom (Georgetown University), Roberta Romano (Yale Law School), William M. Shobe (University of Virginia), Angela M. Smith (University of Virginia), Aidan R. Vining (Simon Fraser University), David L. Weimer (University of Wisconsin-Madison), and Clifford Winston (Brook
Download or read book The Impact of the Texas Constitution on Public Welfare written by Ruth A. Whiteside and published by . This book was released on 1973 with total page 110 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Congress as Santa Claus written by Charles Warren and published by . This book was released on 1932 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Madison on the general Welfare of America written by Leonard R. Sorenson and published by University Press of Amer. This book was released on 1995 with total page 178 pages. Available in PDF, EPUB and Kindle. Book excerpt: Though the words 'General Welfare' appear only twice in the U.S. Constitution, James Madison believed that his greatest task was his contribution to the debate over their meaning, which he saw as fundamental to understanding the proper ends of the federal government. This groundbreaking study refutes scholarly and Supreme Court opinions of Madison's teaching on constitutional power to provide for the 'General Welfare, ' and sheds new light on his understanding of other key provisions of the Constitution, such as federalism, republican government, and separation of powers. Sorenson reveals a coherent Madisonian philosophy that prefigured Tocqueville's view of the importance of federalism and local government and challenges the judicial understanding of 'General Welfare' that produced the national welfare state
Download or read book Social Welfare and the Constitution written by and published by . This book was released on 1971 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Public Welfare Provisions of the Present Constitution of North Carolina written by Duke University. School of Law. Department of Legislative Research and Drafting and published by . This book was released on 1932 with total page 44 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Enduring Success of the US American Constitution Between the Suspicion of a Strong Government and a Strong Social Welfare State written by Sebastian Dregger and published by GRIN Verlag. This book was released on 2006-10-28 with total page 15 pages. Available in PDF, EPUB and Kindle. Book excerpt: Essay from the year 2006 in the subject English Language and Literature Studies - Culture and Applied Geography, grade: 1 = A, University of Trier ( Department of English Studies), course: Culture Studies - North America, language: English, abstract: When the seventy-four delegates of the thirteen founding states of America came together at the Pennsylvania State House in Philadelphia in 1787 to debate and draft a new constitution, they wanted to achieve two aims: On the one hand, they wanted to establish a successful and enduring federal government having the means to defend independence from European powers as well as to keep the states with their different interests together. On the other hand, knowing that authoritarian and corrupt monarchies oppressing their own people dominated the political world of the 18 th century, the constitution should be so carefully drafted that any government in future could be efficiently prevented from becoming too powerful and thus turning into a tyranny. 1 Many people in those days doubted if these two demanding aims could be equally achieved by the new constitution. They were of the opinion that tyrannical governments are the price to pay for a well-functioning and successful government. 2 However, the history of the American Constitution has proven these people wrong: even more than 200 years later the same constitution is still in power. And more than that: it has become the founding document of the first modern - functioning - democracy with the result that not only the American people - no matter to what political camp they belong as individuals - are proud of their constitution 3 ; many other states wanting to establish their own democracy have also tried and still try to imitate and adopt the features of the US- Constitution. 4 So, looking at the unique history of the American constitution, the question arises: What is it that has made this constitution so stable and successful? In my essay I want to argue that two aspects are responsible for this success: On the one hand, the US- Constitution is marked by its incorporation of mechanisms through which the idea of a suspicion of a strong government is expressed in order to protect individual freedom. On the other hand, it is the constitution’s flexibility to adapt its general principles to new social conditions that have contributed to its success. The most important adaptation which took place in this context was that of the development of a social welfare state during the New-Deal-time which helped to master the worst economic crisis in American history. [...]
Download or read book A Life of One s Own written by David Kelley and published by Cato Institute. This book was released on 1998 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book 1913 from General to Specific Welfare written by Aaron Kerkman and published by Createspace Independent Publishing Platform. This book was released on 2018-05-11 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: A fundamental and self-evident tenet of natural law is that people act to maximize their satisfaction. Their acts manifest themselves in as many different ways as there are people. A logical result of this natural law is that people form governments, whose ultimate purpose is to maximize the satisfactions - or the general welfare - of its citizens by securing the blessings of liberty. Because governments are comprised of people, the same natural law that led to their formation will inevitably lead to the government transforming into an institution. Once the government has become an institution, the purpose has morphed into special privileges for the few and connected versus the general happiness of all. We examine this process in detail and attempt to explain why and how it ultimately occurs. With regards to the United States, the book focuses on how the passage of the 16th Amendment, the 17th Amendment, and the Federal Reserve Act ("the Events"), which all became law in 1913, have altered the end of the United States Constitution from general to specific welfare. The book first examines the constitutional structure of direct taxation, the United States Senate, and the monetary system prior to 1913. The examination is intended to establish an understanding of how these elements individually and collectively provided the means to secure liberty and promote the general welfare. The book then examines the effects of the Events to explain how these alterations transformed the purpose of the Constitution from general to specific welfare, undermining liberty and cultivating tyranny in its stead.
Download or read book Weak Courts Strong Rights written by Mark Tushnet and published by Princeton University Press. This book was released on 2009-07-20 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Liberty Welfare and the Constitution written by Sarah Williams and published by . This book was released on 1986 with total page 148 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Great Betrayal written by Eustace Mullins and published by . This book was released on 1991 with total page 37 pages. Available in PDF, EPUB and Kindle. Book excerpt:
