Can the Constitution Save the Planet?

Democracy in a Hotter Time: Climate Change and Democratic Transformation (David W. Orr, ed., MIT Press 2023)

18 Pages Posted: 3 Apr 2023

See all articles by Katrina Fischer Kuh

Katrina Fischer Kuh

Pace Law School

James R. May

Washburn University - Washburn University School of Law; Widener University Delaware Law School; Haub School of Law at Pace University

Date Written: March 27, 2023

Abstract

The Constitution as presently worded, interpreted, and applied is obstructing the development of a robust societal response to climate change, in part by failing adequately to protect healthy democratic processes and advance real social justice. We could, of course, amend the Constitution to explicitly support protection of the environment and/or better protect democratic processes and advance social justice. We could also encourage new understandings of existing constitutional text that cognize the fundamental value of and right to a healthful environment, more effectively support healthy democratic processes, and go further to advance social justice. Any approach will require an open-eyed reckoning with how and why the constitutional status quo is failing to meet the climate moment.

Keywords: Climate, Climate Change, Constitution, Constitutional Climate Change, Anthropocene

Suggested Citation

Kuh, Katrina Fischer and May, James, Can the Constitution Save the Planet? (March 27, 2023). Democracy in a Hotter Time: Climate Change and Democratic Transformation (David W. Orr, ed., MIT Press 2023) , Available at SSRN: https://ssrn.com/abstract=4402116 or http://dx.doi.org/10.2139/ssrn.4402116

Katrina Fischer Kuh

Pace Law School ( email )

78 North Broadway
White Plains, NY 10603
United States

James May (Contact Author)

Washburn University - Washburn University School of Law ( email )

1700 SW College Ave.
Topeka, KS 66621
United States

Widener University Delaware Law School ( email )

4601 Concord Pike
Wilmington, DE 19803-0406
United States

Haub School of Law at Pace University ( email )

78 N. Broadway
White Plains, NY 10603
United States

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