Abstract
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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