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Joe Biden’s DOJ is Claiming “There is No Constitutional Right to a Stable Climate” (jacobin.com)
submitted 3 years ago by to c/usa@lemmy.ml
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[–] 7 points 3 years ago (3 children)

I don't think there is a constitutional right to not get hit by giant meteors either.

I think the need to peg action to constitutional rights is a very uniquely American thing. In most other countries a simple addition to the legislature might suffice, whereas here if it's not in a constitution written many years before climate change became a popularly known thing, suddenly nothing can be done.

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  • [–] 2 points 3 years ago (2 children)

    nothing can be done

    Nothing can be done by the courts. The legislative branch can still pass laws, they just won't.

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  • [–] 1 point 3 years ago

    The courts could do something, but then Congress could either override or impeach them. The Supreme Court shouldn't be the tool to use for this, the legislature is the right path.

    As most things go, it's generally easier to get things done in your local state and then get them done federally later. So if you want action now, work with your city, county, and state. Once you have a proven legal framework, work with other states to get it passed, and then work with Congress. Marijuana legalization is a great example of this, and I think we'll see marijuana get legalized or at least rescheduled in the coming years. Healthcare is another good example, where something like the ACA was tried in various states before it got traction at the federal level.

    So if you want to effect national change, start at the local level.

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  • [–] 1 point 3 years ago

    In case I was unclear, I meant it more as "people think that nothing can be done". I was addressing the overall sentiment of many of these comments that seemed so betrayed that their constitution didn't protect them from climate change.

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