Looking for Rights in All the Wrong Places

2013 ◽  
Author(s):  
Emily Zackin
Keyword(s):  
State Level ◽  
The United States ◽  
State Governments ◽  
Constitutional Rights ◽  
State Constitutions ◽  
Positive Rights ◽  
History Of ◽  
Constitutional Tradition ◽  
Fundamental Values ◽  
The U.S

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. This book 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 U.S. Constitution. The book shows how they instead have been included in America's state constitutions, in large part because state governments, not the federal government, have long been primarily responsible for crafting American social policy. Although state constitutions, seemingly mired in trivial detail, can look like pale imitations of their federal counterpart, they have been sites of serious debate, reflect national concerns, and enshrine choices about fundamental values. This book looks in depth at the history of education, labor, and environmental reform, explaining why America's activists targeted state constitutions in their struggles for government protection from the hazards of life under capitalism. Shedding light on the variety of reasons that activists pursued the creation of new state-level rights, the book challenges us to rethink our most basic assumptions about the American constitutional tradition.

Conclusion

2013 ◽  
Author(s):  
Emily Zackin
Keyword(s):  
Environmental Protection ◽  
The State ◽  
Labor Rights ◽  
Constitutional Rights ◽  
Constitutional Development ◽  
State Constitutions ◽  
Positive Rights ◽  
The Many ◽  
Constitutional Tradition ◽  
Over Time

This concluding chapter clarifies that the book has refuted the claim that positive rights are outside the American constitutional tradition by investigating the various campaigns to add education and labor rights as well as rights to environmental protection to state constitutions. By including state constitutions in our view of American constitutionalism, many successful movements for positive constitutional rights become immediately apparent. The campaigns for positive rights have varied across states and over time, but each has worked for a more expansive government, one intended to protect people from threats other than a tyrannical state, and often from the dangers associated with unfettered capitalism. This chapter examines the exclusionary and racist side of the movements that championed positive rights and highlights the many, mutually influential connections between constitutional development at the state and federal levels.

Education

2013 ◽  
Author(s):  
Emily Zackin
Keyword(s):  
State Legislatures ◽  
State Level ◽  
Constitutional Rights ◽  
State Constitutions ◽  
Redistributive Policies ◽  
Positive Rights ◽  
Common School ◽  
The Common ◽  
Common School Movement ◽  
School Movement

This chapter examines the campaigns to add education rights to state constitutions, with particular emphasis on how the common school movement was able to establish the states' constitutional duty to provide education. The leaders of the common school movement insisted that government had a moral duty to expand opportunities for children whose parents could not otherwise afford to educate them, and that state legislatures should be legally obligated to fulfill it. This movement's central claim was that the value of constitutional rights lay in their potential to promote policy changes by forcing legislatures to pass the kinds of redistributive policies they tended to avoid. The chapter considers the evidence for an American positive-rights tradition that exists primarily at the state level and discusses Congress's motive for the creation of constitutional rights as a case of entrenchment. It argues that education provisions found in state constitutions are positive rights.

Defining Positive Rights

2013 ◽  
Author(s):  
Emily Zackin
Keyword(s):  
Government Intervention ◽  
Environmental Rights ◽  
State Constitutions ◽  
Positive Rights ◽  
Negative Rights ◽  
Definition Of ◽  
Constitutional Tradition ◽  
The U.S

This chapter provides a definition of rights and describes the distinction between the categories of positive and negative rights. It first examines the rights movements' campaigns to add education, labor, and environmental rights to state constitutions before discussing the controversy surrounding the positive–negative distinction. It defines positive rights as those that require government intervention in order to protect people from threats that are not directly or solely governmental. In contrast, negative rights are those that require government to restrain itself in order to protect people from threats that stem directly from an overbearing and intrusive state. The chapter suggests that state constitutions and the politics that have surrounded them demonstrate the importance of positive rights as an enduring feature of the U.S. constitutional tradition.

Looking for Rights in All the Wrong Places

2013 ◽  
Author(s):  
Emily Zackin
Keyword(s):  
United States ◽  
The United States ◽  
Labor Rights ◽  
Constitutional Rights ◽  
Political Movements ◽  
Constitutional Politics ◽  
State Constitutions ◽  
Positive Rights ◽  
1960S And 1970S ◽  
The 1960S

This book examines the nature and political origins of America's positive constitutional rights. It is widely assumed that constitutional rights in the United States protect people from government alone, not to mandate that government to protect them from other sorts of dangers. In other words, America is often believed to be exceptional in its lack of positive rights and its exclusive devotion to negative ones. The book challenges this conventional wisdom about the nature of America's constitutional rights by focusing on three political movements: the campaign for education rights, the movement for positive labor rights, and the push for constitutional rights to environmental protection during the 1960s and 1970s. Together, these cases demonstrate that rights movements in the United States have used state constitutions for reasons that have been largely overlooked by theories of constitutional politics.

Conclusion

2021 ◽  
pp. 134-150
Author(s):  
Max M. Edling
Keyword(s):  
United States ◽  
Nineteenth Century ◽  
The United States ◽  
State Governments ◽  
State Legislation ◽  
State Constitutions ◽  
History Of ◽  
Political Modernization ◽  
Us Constitution

Interpreting the US Constitution as an instrument of federal union has important implications in terms of understanding of the American founding. The Constitution mattered much more to the international than to the domestic history of the United States. Its importance to the latter was dwarfed by the role of state constitutions and state legislation. The Constitution provided the institutional basis on which the nation would grow in territory, population, and riches in the nineteenth century. But if the federal government was active in foreign policy, so-called Indian diplomacy, and the management of the national domain, it played only a limited role in domestic developments. To understand the processes of economic and political modernization that characterized the United States in the nineteenth century, that is, the transition to a market economy and to liberal democracy, it is necessary to study the actions and inactions of the American state governments.

An American Language

2018 ◽  
Author(s):  
Rosina Lozano
Keyword(s):  
United States ◽  
National Policy ◽  
The United States ◽  
Spanish Language ◽  
Spanish Speakers ◽  
Language Recognition ◽  
Political Language ◽  
Political Issue ◽  
History Of ◽  
The U.S

An American Language is a political history of the Spanish language in the United States. The nation has always been multilingual and the Spanish language in particular has remained as an important political issue into the present. After the U.S.-Mexican War, the Spanish language became a language of politics as Spanish speakers in the U.S. Southwest used it to build territorial and state governments. In the twentieth century, Spanish became a political language where speakers and those opposed to its use clashed over what Spanish's presence in the United States meant. This book recovers this story by using evidence that includes Spanish language newspapers, letters, state and territorial session laws, and federal archives to profile the struggle and resilience of Spanish speakers who advocated for their language rights as U.S. citizens. Comparing Spanish as a language of politics and as a political language across the Southwest and noncontiguous territories provides an opportunity to measure shifts in allegiance to the nation and exposes differing forms of nationalism. Language concessions and continued use of Spanish is a measure of power. Official language recognition by federal or state officials validates Spanish speakers' claims to US citizenship. The long history of policies relating to language in the United States provides a way to measure how U.S. visions of itself have shifted due to continuous migration from Latin America. Spanish-speaking U.S. citizens are crucial arbiters of Spanish language politics and their successes have broader implications on national policy and our understanding of Americans.

Accepting Regional Zero: Nuclear Weapon Free Zones, U.S. Nonproliferation Policy and Global Security, 1957–1968

2015 ◽  
Vol 17 (2) ◽  
pp. 36-72 ◽  
Author(s):  
James Stocker
Keyword(s):  
Latin America ◽  
Nuclear Weapon ◽  
Security Policy ◽  
The United States ◽  
Nuclear Nonproliferation ◽  
Nuclear Strategy ◽  
The World ◽  
History Of ◽  
The U.S ◽  
Over Time

Nuclear weapon free zones (NWFZs) were an important development in the history of nuclear nonproliferation efforts. From 1957 through 1968, when the Treaty of Tlatelolco was signed, the United States struggled to develop a policy toward NWFZs in response to efforts around the world to create these zones, including in Europe, Africa, Latin America, and the Middle East. Many within the U.S. government initially rejected the idea of NWFZs, viewing them as a threat to U.S. nuclear strategy. However, over time, a preponderance of officials came to see the zones as advantageous, at least in certain areas of the world, particularly Latin America. Still, U.S. policy pertaining to this issue remained conservative and reactive, reflecting the generally higher priority given to security policy than to nuclear nonproliferation.

Alternative Futures for Forest-Based Nanomaterials

2016 ◽  
Vol 8 (4) ◽  
pp. 197-221 ◽  
Author(s):  
David N. Bengston ◽  
Jim Dator ◽  
Michael J. Dockry ◽  
Aubrey Yee
Keyword(s):  
Forest Management ◽  
Collaborative Research ◽  
Research Agenda ◽  
Forest Products ◽  
The United States ◽  
Solar Panels ◽  
Alternative Futures ◽  
Environmental Consequences ◽  
History Of ◽  
The U.S

Forestry and forest products research has entered into a robust research agenda focused on creating nano-sized particles and nanoproducts from wood. As wood-based materials can be sustainably produced, the potential of these renewable products could be limitless and include high-end compostable electronics, paint-on solar panels, and lightweight materials for airplanes and cars. Others warn about potential serious negative health and environmental consequences. Either way, wood-based nanomaterials could disrupt forestry as we know it. This article is a summary and analysis of a collaborative research project exploring the futures of wood-based nanomaterials within the context of the futures of forests and forest management within the United States. We start by describing the history of forestry through the lens of the U.S. Forest Service, then describe nanotechnology in general and wood-based nanocellulose specifically. Next, we outline the Manoa School alternative futures method, and how we used it to design and carry out a “complete futures of x” project. Following the Manoa School approach, we describe four alternative futures for forestry and forest management. We conclude with implications for the future of forestry, forests, and forest-based nanomaterials, as well as a discussion on the implementation of a complete “futures of x” project.

Anti-Sterilization Abuse Organizing: A Retrospective Examination

1988 ◽  
Vol 9 (2) ◽  
pp. 111-124
Author(s):  
Marian McDonald
Keyword(s):  
United States ◽  
Community Organizing ◽  
Reproductive Rights ◽  
The United States ◽  
Minority Women ◽  
Federally Funded ◽  
Theoretical Concepts ◽  
History Of ◽  
Retrospective Examination ◽  
The U.S

November 1988 marks the tenth anniversary of the U.S. Government's adoption of guidelines for federally-funded sterilizations. This action was the result of years of organizing by the anti-sterilization abuse movement which grew in the early 1970s in response to the alarming increase in numbers of coercive sterilizations, particularly among poor and minority women. This retrospective examination looks at the strengths and weaknesses of anti-sterilization abuse organizing in the United States, and draws out lessons for other areas of work. It begins by exploring the problem of sterilization abuse and the history of the movement against it. The movement is analyzed using key theoretical concepts of community organizing. An evaluation indicates that the anti-abuse efforts were successful and rich with lessons for reproductive rights and other popular health struggles today.

The Invisible Hand of Diplomacy

2021 ◽  
Vol 90 (3) ◽  
pp. 345-376
Author(s):  
Elizabeth O’Brien Ingleson
Keyword(s):  
United States ◽  
The United States ◽  
Invisible Hand ◽  
Manufacturing Companies ◽  
Political Transformations ◽  
History Of ◽  
The Cold War ◽  
First Time ◽  
Simple Narrative ◽  
The U.S

In December 1977, a tiny group of U.S. glove makers—most of whom were African American and Latina women—launched a petition before the U.S. International Trade Commission calling for protection from rising imports. Their target was China. Represented by the Work Glove Manufacturers Association, their petition called for quotas on a particular kind of glove entering the United States from China: cotton work gloves. This was a watershed moment. For the first time since the Communist Party came to power in 1949, U.S. workers singled out Chinese goods in pursuit of import relief. Because they were such a small group taking on a country as large as China, their supporters championed the cause as one of David versus Goliath. Yet the case has been forgotten, partly because the glove workers lost. Here I uncover their story, bringing the history of 1970s deindustrialization in the United States into conversation with U.S.-China rapprochement, one of the most significant political transformations of the Cold War. The case, and indeed the loss itself, reveals the tensions between the interests of U.S. workers, corporations, and diplomats. Yet the case does not provide a simple narrative of U.S. workers’ interests being suppressed by diplomats and policymakers nurturing globalized trade ties. Instead, it also underscored the conflicting interests within the U.S. labor movement at a time when manufacturing companies were moving their production jobs to East Asia.

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