Welfare And The Constitution

Welfare And The Constitution Book in PDF, ePub and Kindle version is available to download in english. Read online anytime anywhere directly from your device. Click on the download button below to get a free pdf file of Welfare And The Constitution book. This book definitely worth reading, it is an incredibly well-written.

Welfare and the Constitution

Sotirios A. Barber
Welfare and the Constitution Book PDF

Author : Sotirios A. Barber
Publisher : Princeton University Press
Page : 192 pages
File Size : 42,8 Mb
Release : 2009-01-10
Category : Political Science
ISBN : 9781400825837

Get Book

Welfare and the Constitution by Sotirios A. Barber Pdf

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?

Henry Agard Wallace
Whose Constitution Book PDF

Author : Henry Agard Wallace
Publisher : Unknown
Page : 336 pages
File Size : 46,5 Mb
Release : 1936
Category : Trusts, Industrial
ISBN : LCCN:76088965

Get Book

Whose Constitution? by Henry Agard Wallace Pdf

To Provide for the General Welfare

Theodore Sky
To Provide for the General Welfare Book PDF

Author : Theodore Sky
Publisher : Associated University Presse
Page : 446 pages
File Size : 51,8 Mb
Release : 2008-09
Category : Business & Economics
ISBN : 0874130611

Get Book

To Provide for the General Welfare by Theodore Sky Pdf

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.

Weak Courts, Strong Rights

Mark Tushnet
Weak Courts Strong Rights Book PDF

Author : Mark Tushnet
Publisher : Princeton University Press
Page : 288 pages
File Size : 46,8 Mb
Release : 2009-07-20
Category : Political Science
ISBN : 9781400828159

Get Book

Weak Courts, Strong Rights by Mark Tushnet Pdf

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.

Promoting the General Welfare

Alan S. Gerber,Eric M. Patashnik
Promoting the General Welfare Book PDF

Author : Alan S. Gerber,Eric M. Patashnik
Publisher : Rowman & Littlefield
Page : 354 pages
File Size : 41,7 Mb
Release : 2007-05-01
Category : Political Science
ISBN : 9780815731221

Get Book

Promoting the General Welfare by Alan S. Gerber,Eric M. Patashnik Pdf

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 (Brookings Institution).

The General Welfare Clause

James Francis Lawson
The General Welfare Clause Book PDF

Author : James Francis Lawson
Publisher : Unknown
Page : 0 pages
File Size : 46,5 Mb
Release : 1934
Category : Constitutional history
ISBN : OCLC:1243098455

Get Book

The General Welfare Clause by James Francis Lawson Pdf

Social Policy in the Federal Republic of Germany

Hans F. Zacher
Social Policy in the Federal Republic of Germany Book PDF

Author : Hans F. Zacher
Publisher : Springer Science & Business Media
Page : 461 pages
File Size : 40,9 Mb
Release : 2012-11-15
Category : Political Science
ISBN : 9783642225253

Get Book

Social Policy in the Federal Republic of Germany by Hans F. Zacher Pdf

This book investigates the history of the post-war welfare state in Germany and its normative foundations, with special emphasis on constitutional issues. The author, formerly Director of the Max-Planck-Institute for Foreign and International Social Law, Munich, and President of the Max-Planck-Society, argues that social policy – not only in Germany – is about struggles over the “social”. The “social” is an open and changing concept that reflects the modern quest for equality, voiced in semantics like justice, participation, inclusion and security. The “social” and the “social state” (the German term for welfare state) are enshrined in the German Constitution of 1949, the Grundgesetz. The book sets out the phases of welfare state development in depth. Social policies are analyzed in view of wider contexts, especially the nation state, the rule of law (Rechtsstaat), federalism and democracy. The author emphasizes the dialectics between the national character of the welfare state and its manifold international references.

To Promote the General Welfare

Richard E. Wagner
To Promote the General Welfare Book PDF

Author : Richard E. Wagner
Publisher : Pacific Research Institute
Page : 264 pages
File Size : 51,8 Mb
Release : 1989
Category : Democracy
ISBN : STANFORD:36105034247994

Get Book

To Promote the General Welfare by Richard E. Wagner Pdf

The Welfare State in Canada

Allan Moscovitch
The Welfare State in Canada Book PDF

Author : Allan Moscovitch
Publisher : Wilfrid Laurier Univ. Press
Page : 289 pages
File Size : 43,8 Mb
Release : 2006-01-01
Category : Political Science
ISBN : 9780889206748

Get Book

The Welfare State in Canada by Allan Moscovitch Pdf

The first major reference work of its kind in the social welfare field in Canada, this volume is a selected bibliography of works on Canadian social welfare policy. The entries in Part One treat general aspects of the origins, development, organization, and administration of the welfare state in Canada; included is a section covering basic statistical sources. The entries in Part Two treat particular areas of policy such as unemployment, disabled persons, prisons, child and family welfare, health care, and day care. Also included are an introductory essay reviewing the literature on social welfare policy in Canada, a "User's Guide," several appendices on archival materials, and an extensive chronology of Canadian social welfare legislation both federal and provincial. The volume will increase the accessibility of literature on the welfare state and stimulate increased awareness and further research. It should be of wide interest to students, researchers, librarians, social welfare policy analysts and administrators, and social work practitioners.

Promoting the General Welfare

Alan S. Gerber,Eric M. Patashnik
Promoting the General Welfare Book PDF

Author : Alan S. Gerber,Eric M. Patashnik
Publisher : Rowman & Littlefield
Page : 354 pages
File Size : 52,9 Mb
Release : 2007-05-01
Category : Political Science
ISBN : 9780815731221

Get Book

Promoting the General Welfare by Alan S. Gerber,Eric M. Patashnik Pdf

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 (Brookings Institution).

The European Constitution, Welfare States and Democracy

Christoffer C. Eriksen
The European Constitution Welfare States and Democracy Book PDF

Author : Christoffer C. Eriksen
Publisher : Unknown
Page : 0 pages
File Size : 44,8 Mb
Release : 2013-05-31
Category : Administrative discretion
ISBN : 0415859263

Get Book

The European Constitution, Welfare States and Democracy by Christoffer C. Eriksen Pdf

This book explores how the right to free movement of goods, persons, services and capital in the European Union legal order affects the nation-states and the peoples of Europe. The four freedoms, as they are known, are vital for the construction and protection of the European market without internal frontiers. As such the four freedoms have been recognized as elements of a European constitutional order, which may challenge the autonomy of national constitutions and parliaments. This book explores the relations and conflicts between the European constitution and the legal regulation of mixed economies and markets within welfare-states. In particular it looks at the discretionary powers enjoyed by national governments and administrative authorities, which have been used by welfare states to provide opportunities to include affected interests, experts, and users in public decision-making, and thereby fulfil democratic ideals such as inclusion and deliberation in complex and differentiated societies. The book analyses a series of judgments from the European Court of Justice which indicate that the four freedoms may be incompatible with the practice of entrusting national authorities with discretionary powers, and shows how this creates a democratic dilemma for welfare states.