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They're right though. There is nothing in the US constitution that guarantees the right to a healthy environment.
Cool that it isn't stopping them from putting a lot of climate action in motion.
What a dumb article.
Not only is there nothing in the constitution to prevent them from adding to it, the forefathers urged us to do so, and created systems for exactly that reason. The forefathers weren't dummies, they were smart guys. That's why they created something that is supposed to be a living document.
We should do that! It's a great idea to add to and modify the document that shapes our rights.
I can think of three new amendments I'd want right away. But I can't sue the government on the basis of laws that don't exist.
I think the compromises they struck have put a lot of that wishful thinking out of reach.
They are also dead and thus very easy to speak in name of.
Just stop building politics around dead or nearly dead people. There are living ones to take care of.
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That filing came as President Joe Biden has refused repeated calls to declare a climate emergency, and as his administration backed a court case designed to accelerate the construction of a massive fossil gas pipeline, despite scientists’ climate warnings. Biden’s administration has also declared that the Intergovernmental Panel on Climate Change’s scientific report about climate change “does not present sufficient cause” to halt a massive expansion of fossil fuel drilling.
Always fun to see liberals lie by omission. Look at all that "action". It surely is just a coincidence that the Biden admin keeps aggressively fighting against climate change lawsuits in court.
"Always fun to see liberals lie by omission."
Always fun to see Lemmy comment sections get filled with more of this toxic crap.
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The rules in the Constitution are only relevant so far as they are within the ability of the government to provide. Outlawing slavery, the right to free speech, the right to vote, these can all be provided and protected by the government. The global climate can only be protected by ensuing that the rest of the world does not ruin the climate, in other words, the US would have to invade any country that endangers the climate for is citizens to ensure that right. This is why the Constitution does not provide he right to travel anywhere outside of US borders either.
the US would have to invade any country that endangers the climate for is citizens to ensure that right.
The US has invaded several countries to ensure their citizens have the right to cheap oil, which is also not covered in the constitution.
And you've proven my point.
No. The complete opposite of your point.
It is not in the constitution, so it can't be done - your point.
I am saying that the US has done things outside the constitution and in breach of international law to directly and materially aid their citizens.
But this time it is different somehow...
It is not in the constitution, so it can’t be done - your point.
Actually they're saying the opposite. It seems everyone else in this thread seems to misunderstand it the way you did, though. The actual issue is that there is no constitutional right because you cannot having this in the consititution because there's no guarantee the US would be able to follow up on the right granted to its citizens.
E.g., as you said before, there is no constitutional right to cheap oil, either. The US gov can try to provide that, but they cannot guarantee they can provide that, hence they cannot grant it as a consititutional right.
I would rephrase it further. This is about the balance of powers in the government. The argument isn't that we don't have this right, it's that it isn't a Constitutional right.
Our existing Constitutional rights are more or less straightforward - "No one can prevent you from peacefully speaking your mind," aside from exceptions like fraud and credible threats. The judicial branch, the court system, is responsible for stopping wrongdoers and overturning laws that violate those rights.
By contrast, the proposed right, "No one can prevent you from having a stable climate where you live," is completely unenforceable by the courts.
The scope is too different: it's unclear what actions and laws would be in violation of that right. Would you be infringing on your neighbor's right to a stable climate because you drove your car to work when you could have ridden a bike? Is your city infringing on your right to a stable climate if it uses incandescent light bulbs in government offices, or fails to mandate solar panels on every roof?
The point being there is no Constitutional right to a stable climate because there's not really a way to directly violate that right in a way that the courts can enforce. Instead, it needs to be a policy decision passed by legislation with specific rules and actions in mind. That's a power reserved for Congress and not the courts.
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This isn't a US issue. No one's Constitution can guarantee this.
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There isn't. That doesn't mean that this isn't a noble cause, but come on. There's no point in using the Constitution as the deciding factor of all that is good.
Americans are utterly obsessed with their constitution. They treat it like a holy book, despite (and perhaps sometimes because of) the fact that it's pretty much impossible to convince enough people to change these days, despite it also needing changes.
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Thanks.
I was going to say, that it's not an environmental document and climate science was barely a thing when it was written. (meteorology was but not climate science as we know it).
The Constitution also explicitly states that we have rights not enumerated in the Constitution.
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Good to know that nobody will be held accountable for the end of the world.
Can you, for one moment, stop thinking about the earth and instead focus on the profits and shareholder interests? Dont be selfish
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I mean...it doesn't
Who thinks it does? What a silly idea
Correct, the constitution does not literally call out the right to a stable climate, however it's kinda hard to make good on any other constitutional right if populations being culled by extreme heat becomes the new worldwide norm.
Yes, we should take aggressive action to eliminate every trace of fossil fuels currently in use.
But also, bringing legal action to enforce a law that pretty plainly doesn't exist doesn't do anyone any good.
Cool, but don't try to make the legal argument that the Constitution says so and so when it doesn't. It's a giant waste of time and money.
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Time for a new amendment then, bitches. Let's fucking do this.
Breaking news: Life, liberty and the pursuit of happiness does not include a right to a liveable environment.
(yes I know this is from the DOI, not the constitution, and has no legal force)
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Apparently right to life is not right to live
To be fair, it's the other side that has all that "right to life" hypocrisy.
Yeah, that's true. Man, our options kinda suck.
Pack it in folks, we don't have the right to live. Constitution doesn't mean shit if there is no one around to read it.
What does the constitution day about computers and cars and genetic engineering?
The constitution gotta protect guns in case the king of England invades your F250 but heaven forbid you protect the environment.
If someone’s invading your guns have already failed.
The Jacobin is such a rag lol.
Biden's done more for climate policy than every President before him combined, and the DOJ is no more "his" here than it is when it prosecutes Donald Trump.
Americans, legally, do not have a constitutional right to anything regarding the climate. This makes standing on climate policy difficult (but clearly not impossible, as the article itself notes) to prove.
This isn't some "gotcha"
Well, technically the Justice Department is correct. Which on the other hand should not imply that the government should just keep out of it.
But the climate change was mainly caused by people and corporations, so they are the ones to blame.
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I feel like this is worded to be a jab at JB when it really shouldn't be. Unfortunately it is true. At best they can say people have a right to not have the government subsidise the oil industry, mining operations and other things that are directly damaging, but they can't guarantee clean air.
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Very progressive
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this post was submitted on 18 Aug 2023
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