Description
Book SynopsisUnlike 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
Trade ReviewOne of Choice's Outstanding Academic Titles for 2014 "This is an excellent contribution to the literature and yet another compelling reason that scholars should not limit themselves to only the federal Constitution and courts."--Choice "I am hopeful that Zackin's thoughtful and timely book will invigorate the debate, reminding readers along the way of the vibrant role states have played, and should continue to play, in defining new statutory and constitutional rights. Whether 'we want more' rights or not, we would be lucky to have more scholarship from Zackin about the states' essential role in the American constitutional law tradition."--Jeffrey S. Sutton, Harvard Law Review
Table of ContentsAcknowledgments vii Chapter 1: Looking for Rights in All the Wrong Places 1 Chapter 2: Of Ski Trails and State Constitutions: Silly Details or Serious Principles? 18 Chapter 3: Defining Positive Rights 36 Chapter 4: Why Write New Rights?: Understanding Constitutional Development Apart From Entrenchment 48 Chapter 5: Education: A Long Tradition of Positive Rights in America 67 Chapter 6: Workers' Rights: Constitutional Protections Where (and When) We Would Least Expect Them 106 Chapter 7: Environmental Protection: Positive Constitutional Rights in the Late Twentieth Century 146 Chapter 8: Conclusion 197 Bibliography 215 Index 229
