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Looking for rights in all the wrong places : why state constitutions contain America's positive rights / Emily Zackin.

By: Zackin, Emily J, 1980-.
Material type: TextTextSeries: JSTOR eBooks.Princeton studies in American politics: Publisher: Princeton [N.J.] : Princeton University Press, ©2013Description: 1 online resource (250 pages).Content type: text Media type: computer Carrier type: online resourceISBN: 9781400846276; 1400846277; 9780691155784; 069115578X.Subject(s): Civil rights -- United States -- States | Constitutional law -- United States -- StatesAdditional physical formats: Print version:: Looking for rights in all the wrong places.DDC classification: 342.7308/5 Online resources: Click here to view this ebook.
Contents:
Looking for rights in all the wrong places -- Of ski trails and state constitutions : silly details or serious principles? -- Defining positive rights -- Why write new rights? : understanding constitutional development apart from entrenchment -- Education : a long tradition of positive rights in America -- Workers' rights : constitutional protections where (and when) we would least expect them -- Environmental protection : positive constitutional rights in the late twentieth century.
Summary: 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 rig.
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Item type Current location Call number URL Status Date due Barcode
Electronic Book UT Tyler Online
Online
KF4750.Z95 2013eb (Browse shelf) https://ezproxy.uttyler.edu/login?url=http://www.jstor.org/stable/10.2307/j.ctt24hq93 Available ocn830939053

Includes bibliographical references and index.

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 rig.

Print version record.

Looking for rights in all the wrong places -- Of ski trails and state constitutions : silly details or serious principles? -- Defining positive rights -- Why write new rights? : understanding constitutional development apart from entrenchment -- Education : a long tradition of positive rights in America -- Workers' rights : constitutional protections where (and when) we would least expect them -- Environmental protection : positive constitutional rights in the late twentieth century.

Reviews provided by Syndetics

CHOICE Review

Zackin (Hunter College) takes issue with the notion that the American constitutional tradition does not include positive rights but only prohibitions upon the government. Although this may be the case for the US Constitution, it does not hold true for the constitutions of the 50 states. In these constitutions, there is a tradition and continuing enlargement of positive rights to something and not from something, such as a right to education or safety. After some historical and constitutional review, Zackin focuses on three political movements to add such positive rights to state constitutions: education rights in the 19th and 20th centuries, labor rights in the Gilded Age and Progressive Era, and environmental rights in the 1960s and 1970s. Each of these stories is well told and provides a rich description and analysis, including both the good and bad (e.g., attempts by some labor groups to protect their rights while denying them to nonwhite laborers). 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. Summing Up: Highly recommended. All readership levels. M. W. Bowers University of Nevada, Las Vegas

Author notes provided by Syndetics

Emily Zackin is assistant professor of political science at Hunter College, City University of New York.

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