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(Dis)entitling the poor : the Warren Court, welfare rights, and the American political tradition

Author: Elizabeth Bussiere
Publisher: University Park, Pa. : Pennsylvania State University Press, ©1997.
Edition/Format:   Book : EnglishView all editions and formats
Summary:
In 1989 the Supreme Court ruled that the State of Wisconsin was not liable for the brutal beating of a young boy by his father, who had been investigated by the Department of Social Services. In DeShaney v. Winnebago County Department of Social Services, Chief Justice William Rehnquist's majority opinion rejected the claim of the boy's mother that her son had been deprived of his constitutional "right to life."
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Additional Physical Format: Online version:
Bussiere, Elizabeth.
(Dis)entitling the poor.
University Park, Pa. : Pennsylvania State University Press, c1997
(OCoLC)622048493
Document Type: Book
All Authors / Contributors: Elizabeth Bussiere
ISBN: 0271016019 9780271016016 0271016027 9780271016023
OCLC Number: 34245042
Description: x, 210 p. ; 24 cm.
Contents: 1. Subsistence Rights and the Warren Court --
2. Artisan Republicanism and Natural Rights in Jacksonian America --
3. The "Maternalist" Movement for Mothers' Pensions in the Progressive Era --
4. The New Deal and Aid to Dependent Children --
5. The Warren Court's "New Equal Protection": Opening the Court to Poor People --
6. The Failure of Constitutional Welfare Rights in the Warren Court --
7. Constitutional Obligation and the Liberal "Persuasion" of the Warren Court --
8. Whither Welfare Entitlements?
Responsibility: Elizabeth Bussiere.

Abstract:

In 1989 the Supreme Court ruled that the State of Wisconsin was not liable for the brutal beating of a young boy by his father, who had been investigated by the Department of Social Services. In DeShaney v. Winnebago County Department of Social Services, Chief Justice William Rehnquist's majority opinion rejected the claim of the boy's mother that her son had been deprived of his constitutional "right to life." Taking the DeShaney case as her point of departure, Elizabeth Bussiere observes that the idea of a constitutional right to life was first rejected not by the conservative Rehnquist Court but by the liberal Warren Court twenty years earlier. She investigates why the Warren Court, despite its many rulings "entitling" the poor to constitutional protections, refused to identify welfare benefits (or subsistence) as a constitutional right.

Although focused on the Warren Court, the book explores Western political thought from the seventeenth through late twentieth centuries, draws on American social history from the Age of Jackson through the civil rights era of the 1960s, and utilizes current analytic methods, particularly the "new institutionalism."

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