Welfare and the Constitution

Welfare and the Constitution
Author: Sotirios A. Barber
Publisher: Princeton University Press
Total Pages: 183
Release: 2009-01-10
Genre: Political Science
ISBN: 1400825830

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.

To Provide for the General Welfare

To Provide for the General Welfare
Author: Theodore Sky
Publisher: Associated University Presse
Total Pages: 446
Release: 2008-09
Genre: Business & Economics
ISBN: 9780874130614

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

Weak Courts, Strong Rights
Author: Mark Tushnet
Publisher: Princeton University Press
Total Pages: 288
Release: 2009-07-20
Genre: Political Science
ISBN: 1400828155

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.

Keeping Faith with the Constitution

Keeping Faith with the Constitution
Author: Goodwin Liu
Publisher: Oxford University Press
Total Pages: 274
Release: 2010-08-05
Genre: Law
ISBN: 0199752834

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.

Immigrants and Welfare

Immigrants and Welfare
Author: Michael E. Fix
Publisher: Russell Sage Foundation
Total Pages: 244
Release: 2009-11-25
Genre: Social Science
ISBN: 1610446224

The lore of the immigrant who comes to the United States to take advantage of our welfare system has a long history in America's collective mythology, but it has little basis in fact. The so-called problem of immigrants on the dole was nonetheless a major concern of the 1996 welfare reform law, the impact of which is still playing out today. While legal immigrants continue to pay taxes and are eligible for the draft, welfare reform has severely limited their access to government supports in times of crisis. Edited by Michael Fix, Immigrants and Welfare rigorously assesses the welfare reform law, questions whether its immigrant provisions were ever really necessary, and examines its impact on legal immigrants' ability to integrate into American society. Immigrants and Welfare draws on fields from demography and law to developmental psychology. The first part of the volume probes the politics behind the welfare reform law, its legal underpinnings, and what it may mean for integration policy. Contributor Ron Haskins makes a case for welfare reform's ultimate success but cautions that excluding noncitizen children (future workers) from benefits today will inevitably have serious repercussions for the American economy down the road. Michael Wishnie describes the implications of the law for equal protection of immigrants under the U.S. Constitution. The second part of the book focuses on empirical research regarding immigrants' propensity to use benefits before the law passed, and immigrants' use and hardship levels afterwards. Jennifer Van Hook and Frank Bean analyze immigrants' benefit use before the law was passed in order to address the contested sociological theories that immigrants are inclined to welfare use and that it slows their assimilation. Randy Capps, Michael Fix, and Everett Henderson track trends before and after welfare reform in legal immigrants' use of the major federal benefit programs affected by the law. Leighton Ku looks specifically at trends in food stamps and Medicaid use among noncitizen children and adults and documents the declining health insurance coverage of noncitizen parents and children. Finally, Ariel Kalil and Danielle Crosby use longitudinal data from Chicago to examine the health of children in immigrant families that left welfare. Even though few states took the federal government's invitation with the 1996 welfare reform law to completely freeze legal immigrants out of the social safety net, many of the law's most far-reaching provisions remain in place and have significant implications for immigrants. Immigrants and Welfare takes a balanced look at the politics and history of immigrant access to safety-net supports and the ongoing impacts of welfare. Copublished with the Migration Policy Institute

Constitutionalism and a Right to Effective Government?

Constitutionalism and a Right to Effective Government?
Author: Vicki C. Jackson
Publisher: Cambridge University Press
Total Pages: 281
Release: 2022-10-27
Genre: Law
ISBN: 1009178105

Nations around the world are facing various crises of ineffective government. Basic governmental functions—protecting rights, preventing violence, and promoting material well-being—are compromised, leading to declines in general welfare, in the enjoyment of rights, and even in democracy itself. This innovative collection, featuring analyses by leaders in the fields of constitutional law and politics, highlights the essential role of effective government in sustaining democratic constitutionalism. The book explores “effective government” as a right, principle, duty, and interest, situating questions of governance in debates about negative and positive constitutionalism. In addition to providing new conceptual approaches to the connections between rights and governance, the volume also provides novel insights into government institutions, including courts, legislatures, executives, and administrative bodies, as well as the media and political parties. This is an essential volume for anyone interested in constitutionalism, comparative law, governance, democracy, the rule of law, and rights.

The Heritage Guide to the Constitution

The Heritage Guide to the Constitution
Author: David F. Forte
Publisher: Simon and Schuster
Total Pages: 644
Release: 2014-09-16
Genre: Political Science
ISBN: 1621573524

A landmark work of more than one hundred scholars, The Heritage Guide to the Constitution is a unique line-by-line analysis explaining every clause of America's founding charter and its contemporary meaning. In this fully revised second edition, leading scholars in law, history, and public policy offer more than two hundred updated and incisive essays on every clause of the Constitution. From the stirring words of the Preamble to the Twenty-seventh Amendment, you will gain new insights into the ideas that made America, important debates that continue from our Founding, and the Constitution's true meaning for our nation

Democracy and the Welfare State

Democracy and the Welfare State
Author: Amy Gutmann
Publisher: Princeton University Press
Total Pages: 302
Release: 2020-09-01
Genre: Philosophy
ISBN: 0691217955

The essays in this volume explore the moral foundations and the political prospects of the welfare state in the United States. Among the questions addressed are the following: Has public support for the welfare state faded? Can a democratic state provide welfare without producing dependency on welfare? Is a capitalist (or socialist) economy consistent with the preservation of equal liberty and equal opportunity for all citizens? Why and in what ways does the welfare state discriminate against women? Can we justify limiting immigration for the sake of safeguarding the welfare of Americans? How can elementary and secondary education be distributed consistently with democratic values? The volume confronts powerful criticisms that have been leveled against the welfare state by conservatives, liberals, and radicals and suggests reforms in welfare state programs that might meet these criticisms. The contributors are Joseph H. Carens, Jon Elster, Robert K. Fullinwider, Amy Gutmann, Jennifer L. Hochschild, Stanley Kelley, Jr., Richard Krouse, Michael McPherson, J. Donald Moon, Carole Pateman, Dennis Thompson, and Michael Walzer.