In the same week large swaths of the US were under extreme heat warnings, Joe Biden’s Justice Department filed its most recent motion to dismiss a landmark climate case by arguing that nothing in the Constitution guarantees the right to a secure climate.
I mean, they’re right. Nothing in the constitution says anything about the climate.
In this case I don’t think “It’s not a constitutional right” means “so I guess we’re going to do nothing”. It’s just that some legal groundwork needs to happen.
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.
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.
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.
I mean, they’re right. Nothing in the constitution says anything about the climate.
In this case I don’t think “It’s not a constitutional right” means “so I guess we’re going to do nothing”. It’s just that some legal groundwork needs to happen.
Well, we have the bill of rights which let us gather, and I guess we can’t gather if the climate does not allow people to actually live
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.
Nothing can be done by the courts. The legislative branch can still pass laws, they just won’t.
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.
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.