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Welfare and the Constitution
Sotirios A. Barber

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Acknowledgments ix
Preface xi

CHAPTER ONE: Introduction: Every State a Welfare State 1
The Negative-Liberties Model of the Constitution 5
Every State a Welfare State? 8
"Welfare": How Capacious the Term? 12

CHAPTER TWO: Charter of Negative Liberties: Arguments from Text and History 23
Is Positive Constitutionalism Ahistorical? 23
Welfare and the Framers 36

CHAPTER THREE: Negative Constitutionalism and Unwanted Consequences 42
The Slippery Slope in General 42
Does Welfare Constitutionalism Undermine Negative Liberties? 44
A Benefits Model and Liberalism's Private Sphere 53
Does a Welfare Constitution Reach Too High? 55

CHAPTER FOUR: Moral Philosophy and the Negative-Liberties Model 65
Is the Benefits Model Unjust or Unfair? 65
Is the Benefits Model Undemocratic? 68
Is the Benefits Model Antiliberal? 71
The Moral Philosophy of Positive Constitutionalism 77
Welfare and Moral Skepticism 79
Moral Philosophy and Intolerance 86

CHAPTER FIVE: The Instrumental Constitution 92
Some Formal Elements of the Instrumental Constitution 92
Welfare as an End of Government 96
Well-Being in America: A Hypothesis 100
What Constitutes Well-Being? 106

CHAPTER SIX: Is the Constitution Adequate to Its Ends? 118
Welfare and Power: Structure and Context of the Question 119
The Constitution's Formal Adequacy 122
Welfare and the Courts 142

Index 157

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File created: 4/21/2017

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