Welfare And The Constitution

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Welfare and the Constitution

Author : Sotirios A. Barber
Publisher : Princeton University Press
ISBN 13 : 1400825830
Total Pages : 183 pages
Book Rating : 4.4/5 (8 download)

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Book Synopsis Welfare and the Constitution by : Sotirios A. Barber

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.

Whose Constitution?

Author : Henry Agard Wallace
Publisher :
ISBN 13 :
Total Pages : 350 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Whose Constitution? by : Henry Agard Wallace

Download or read book Whose Constitution? written by Henry Agard Wallace and published by . This book was released on 1936 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt:

To Provide for the General Welfare

Author : Theodore Sky
Publisher : Associated University Presse
ISBN 13 : 9780874130614
Total Pages : 446 pages
Book Rating : 4.1/5 (36 download)

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Book Synopsis To Provide for the General Welfare by : Theodore Sky

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.

The General Welfare Clause

Author : James Francis Lawson
Publisher :
ISBN 13 :
Total Pages : 408 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis The General Welfare Clause by : James Francis Lawson

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 408 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Between the Lines

Author : R. Shep Melnick
Publisher : Brookings Institution Press
ISBN 13 : 9780815705543
Total Pages : 372 pages
Book Rating : 4.7/5 (55 download)

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Book Synopsis Between the Lines by : R. Shep Melnick

Download or read book Between the Lines written by R. Shep Melnick and published by Brookings Institution Press. This book was released on 2010-12-01 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judicial interpretation of federal statutes has often been at the center of political controversy in recent years. In fact, it would be difficult to find a major domestic policy area in which statutory interpretation by the federal courts has not played a significant role in shaping the activities of government. In most important cases, judges base their interpretation not on the letter of the law, but on their reading of its history, purpose, and spirit. What judges discover between the lines of statutes often has major policy consequences. This book examines how statutory interpretation has affected the development of three programs: Aid to Families with Dependent Children, education for the handicapped, and food stamps. It explores how these decisions have changed state and national policies and how other institutions—especially Congress—have reacted to them. Although these three programs differ in several important ways, in each instance court action has expanded program benefits and increased federal control over state and local governments. R. Shep Melnick ties trends in statutory interpretation to broader policy developments, including the expansion of the agenda of national government, the persistence of divided government, and the resurgence and decentralization of Congress. He demonstrates that Congress frequently modifies or overturns court rulings, and he explains why statutory interpretation became so controversial in the 1980s. Between the Lines also explores the understanding of welfare rights that has guided the development of welfare policy over the past fifty years. What basic beliefs about the welfare state underlie court decisions interpreting these statutes? To what extent do members of Congress share these views? How have the assumptions of judges and members of Congress changed over time? These are some of the questions addressed in this detailed study of American welfare policy.

The General Welfare Clause

Author : James Francis Lawson
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (124 download)

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Book Synopsis The General Welfare Clause by : James Francis Lawson

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:

Promoting the General Welfare

Author : Alan S. Gerber
Publisher : Rowman & Littlefield
ISBN 13 : 0815731221
Total Pages : 354 pages
Book Rating : 4.8/5 (157 download)

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Book Synopsis Promoting the General Welfare by : Alan S. Gerber

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

The Enduring Success of the US-American Constitution: Between the Suspicion of a Strong Government and a Strong Social Welfare State

Author : Sebastian Dregger
Publisher : GRIN Verlag
ISBN 13 : 3638562174
Total Pages : 15 pages
Book Rating : 4.6/5 (385 download)

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Book Synopsis The Enduring Success of the US-American Constitution: Between the Suspicion of a Strong Government and a Strong Social Welfare State by : Sebastian Dregger

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. [...]

Congress as Santa Claus

Author : Charles Warren
Publisher :
ISBN 13 :
Total Pages : 192 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Congress as Santa Claus by : Charles Warren

Download or read book Congress as Santa Claus written by Charles Warren and published by . This book was released on 1932 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Madison on the "general Welfare" of America

Author : Leonard R. Sorenson
Publisher : University Press of Amer
ISBN 13 : 9780847680658
Total Pages : 178 pages
Book Rating : 4.6/5 (86 download)

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Book Synopsis Madison on the "general Welfare" of America by : Leonard R. Sorenson

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

Welfare Law

Author : Arthur B. LaFrance
Publisher :
ISBN 13 :
Total Pages : 504 pages
Book Rating : 4.:/5 (44 download)

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Book Synopsis Welfare Law by : Arthur B. LaFrance

Download or read book Welfare Law written by Arthur B. LaFrance and published by . This book was released on 1979 with total page 504 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Analysis of Constitutional Provisions Affecting Public Welfare in New York

Author : United States. Works Progress Administration
Publisher :
ISBN 13 :
Total Pages : 24 pages
Book Rating : 4.:/5 (319 download)

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Book Synopsis Analysis of Constitutional Provisions Affecting Public Welfare in New York by : United States. Works Progress Administration

Download or read book Analysis of Constitutional Provisions Affecting Public Welfare in New York written by United States. Works Progress Administration and published by . This book was released on 1937 with total page 24 pages. Available in PDF, EPUB and Kindle. Book excerpt:

A Life of One's Own

Author : David Kelley
Publisher : Cato Institute
ISBN 13 : 9781882577712
Total Pages : 198 pages
Book Rating : 4.5/5 (777 download)

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Book Synopsis A Life of One's Own by : David Kelley

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.

Weak Courts, Strong Rights

Author : Mark Tushnet
Publisher : Princeton University Press
ISBN 13 : 1400828155
Total Pages : 288 pages
Book Rating : 4.4/5 (8 download)

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Book Synopsis Weak Courts, Strong Rights by : Mark Tushnet

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.

1913: from General to Specific Welfare

Author : Aaron Kerkman
Publisher : Createspace Independent Publishing Platform
ISBN 13 : 9781718905429
Total Pages : 314 pages
Book Rating : 4.9/5 (54 download)

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Book Synopsis 1913: from General to Specific Welfare by : Aaron Kerkman

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.

Support for the American Welfare State

Author : Fay Lomax Cook
Publisher : Columbia University Press
ISBN 13 : 0231076193
Total Pages : 344 pages
Book Rating : 4.2/5 (31 download)

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Book Synopsis Support for the American Welfare State by : Fay Lomax Cook

Download or read book Support for the American Welfare State written by Fay Lomax Cook and published by Columbia University Press. This book was released on 1992 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edition reveals the results of a survey of attitudes of both the public and members of the U.S. House of Representatives about Social Security, Supplemental Security Income, Medicare, Medicaid, Aid to Families with Dependent Children, Food Stamps, and Unemployment Compensation.

Keeping Faith with the Constitution

Author : Goodwin Liu
Publisher : Oxford University Press
ISBN 13 : 0199752834
Total Pages : 274 pages
Book Rating : 4.1/5 (997 download)

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Book Synopsis Keeping Faith with the Constitution by : Goodwin Liu

Download or read book Keeping Faith with the Constitution written by Goodwin Liu and published by Oxford University Press. This book was released on 2010-08-05 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.