Looking for Rights in All the Wrong Places: Why State Constitutions Contain America's Positive Rights
Language: English | EPUB / MOBI | ISBN-10: 0691155771 | 2013 | 248 pages | 0.8 MB / 1 MB
Unlike many national constitutions, which contain explicit positive rights to such things as education, a living wage, and a healthful environment, the U.S. Bill of Rights appears to contain only a long list of prohibitions on government. American constitutional rights, we are often told, protect people only from an overbearing government, but give no explicit guarantees of governmental help. Looking for Rights in All the Wrong Places argues that we have fundamentally misunderstood the American rights tradition. The United States actually has a long history of enshrining positive rights in its constitutional law, but these rights have been overlooked simply because they are not in the federal Constitution.