Rights in Front of Our Eyes: Positive American Rights and the American Constitutional Tradition

11 Pages Posted: 23 Oct 2014

Date Written: October 21, 2014

Abstract

This is a review of Emily Zackin’s Looking for Rights in All the Wrong Places: Why State Constitutions Contain America’s Positive Rights. Zackin challenges the popular tendency to focus on the U.S. Constitution’s protection of negative rights enforceable against the government, while neglecting the many state constitutional texts that contain a robust positive rights tradition. The book serves as a historical corrective, as Zackin makes the case for taking seriously America’s oft-neglected state constitutions and the positive rights they embrace — in particular, rights relating to education, labor, and environmental protection.

Keywords: State constitutional law, positive rights, negative rights, American constitutional history

Suggested Citation

Friedman, Lawrence, Rights in Front of Our Eyes: Positive American Rights and the American Constitutional Tradition (October 21, 2014). Rutgers Law Journal Vol. 44, No. 609, New England Law | Boston Research Paper No. 14-12, Available at SSRN: https://ssrn.com/abstract=2512885

Lawrence Friedman (Contact Author)

New England Law | Boston ( email )

154 Stuart Street
Boston, MA 02116
United States
617-451-0010 (Phone)

Here is the Coronavirus
related research on SSRN

Paper statistics

Downloads
90
Abstract Views
551
rank
308,477
PlumX Metrics