Skip to content
Search

Latest Stories

Top Stories

A Republic, if we can keep it

Part XIX: Environmental justice

People kayaking at sunset

It's time we enact a constitutional amendment guaranteering the right to clean air and clean water, writes Breslin.

Marco Bottigelli/Getty Images

Breslin is the Joseph C. Palamountain Jr. Chair of Political Science at Skidmore College and author of “A Constitution for the Living: Imagining How Five Generations of Americans Would Rewrite the Nation’s Fundamental Law.”

This is the latest in a series to assist American citizens on the bumpy road ahead this election year. By highlighting components, principles and stories of the Constitution, Breslin hopes to remind us that the American political experiment remains, in the words of Alexander Hamilton, the “most interesting in the world.”

Justice Louis Brandeis famously wrote, “a single courageous state may, if its citizens choose, serve as a laboratory; and try novel social and economic experiments without risk to the rest of the country.” The parable of the “state as democratic laboratory” was born that afternoon in March 1932.

Several states have taken Brandeis’ challenge seriously, especially in the environmental arena. Seven states, in fact — Hawaii, Illinois, Massachusetts, Montana, New York, Pennsylvania and Rhode Island — have embedded protections directly into their state constitutions. Four of those have gone so far as to enshrine fundamental rights to clean air and clean water, as well as a healthful environment right, into their bills of rights.


Take Montana’s Constitution, for example. Its Declaration of Rights insists, “All persons are born free and have certain inalienable rights. They include the right to a clean and healthful environment and the rights of pursuing life's basic necessities, enjoying and defending their lives and liberties, acquiring, possessing and protecting property, and seeking their safety, health and happiness in all lawful ways.”

Or Pennsylvania. Section 27 of the Commonwealth’s Constitution reads, “The people have a right to clean air, pure water, and to the preservation of the natural, scenic, historic and esthetic values of the environment. Pennsylvania's public natural resources are the common property of all the people, including generations yet to come. As trustee of these resources, the Commonwealth shall conserve and maintain them for the benefit of all the people.”

New York, the latest to enter the constitutional amendment sweepstakes, just altered its supreme law to read, “Each person shall have a right to clean air and water, and a healthful environment.” Other states are currently considering green amendments for their constitutional texts.

And yet the U.S. Constitution is silent on the environment. Efforts to amend the document to replicate the experimentation at the state level have all failed. Wisconsin Sen. Gaylord Nelson was rebuffed in the early 1970s when he proposed a constitutional amendment that would have ensured “every person has an inalienable right to a decent environment.” Twenty years later, a constitutional amendment was proposed that at least matched the linguistic style of our Bill of Rights: “The right of each person to clean and healthful air and water, and to the protection of the other natural resources of the nation, shall not be infringed upon by any person.” It too went down to defeat.

The time has come to resurrect these attempts, and to do so with a commitment to environmental justice.

It begins with constitutional language. While working on a book, I had the great good fortune to interview Michael Brune, executive director of the Sierra Club, America’s largest and most influential grassroots environmental organization. I asked him to imagine being a delegate to a fictional 2023 Constitutional Convention — a contemporary return to Philadelphia’s Independence Hall, so to speak. What would his ideal constitutional amendment protecting the environment look like? His response did not disappoint.

“Americans today face urgent national (and global) environmental challenges that would have been unimaginable to previous constitutional framers,” he began. “Past leaders worked tirelessly to improve our environmental station, but they didn’t fully connect their ambitions to the constitutional project. They didn’t see that America’s organic law holds the possibility of real reform.”

“Our task,” he implored, “is to leverage the power of the constitutional text for the future of our planet.”

He then gave me what I ultimately asked for: proposed language for a constitutional amendment. Two concise sentences said it all: “The right of the people to clean air and water, and to the preservation of a safe and healthy environment, shall not be infringed. The public natural resources of the United States of America are the common property of all the people, including future generations, and shall be preserved and maintained for the benefit of all.”

Our chances of forming “a more perfect union” would be enhanced with Brune’s proposed amendment.

But constitutional language is not enough. Environmental justice requires a bit more, namely representation by all constituencies at the decision-making table, transparent and accessible planning processes, and equitable distribution of benefits and impacts across all communities. Thus far, environmental efforts have tended to favor the privileged, while negative impacts have disproportionately affected the marginalized. That has to change along with constitutional clauses.

States are donning their lab coats. It’s early, but promising signs point to state action aimed at fostering environmental justice. California, Maryland and Washington are at the forefront of fair and equitable treatment. More than a dozen states have established “environmental justice bodies” to focus on environmental pressures “in overburdened communities.” More than two dozen states now mandate that “environmental justice considerations be integrated into legislative and regulatory action.”

President Joe Biden has created the White House Environmental Justice Advisory Council. His Justice40 initiative is particularly encouraging. But the federal government still lags far behind the states in experimenting with environmental efforts. A constitutional amendment that safeguards a healthful environment for all would exemplify the courage Louis Brandeis urged. Thanks to folks like Michael Brune, the language is there. What’s missing is the will.

Read More

Just the Facts: Congress at a Crossroads on Immigration—Legal Status, Secure Borders, and What Comes Next

America’s immigration debate is at a crossroads. Explore the latest congressional bills and discover how decades of dysfunction shaped today’s crisis.

Metin Ozer on Unsplash

Just the Facts: Congress at a Crossroads on Immigration—Legal Status, Secure Borders, and What Comes Next

The Fulcrum strives to approach news stories with an open mind and skepticism, striving to present our readers with a broad spectrum of viewpoints through diligent research and critical thinking. As best we can, remove personal bias from our reporting and seek a variety of perspectives in both our news gathering and selection of opinion pieces.For too long, our national discourse has been mired in partisan vitriol and performative outrage—drowning out the collaborative thinking, deliberative dialogue, and pragmatic problem-solving that democracy requires to thrive. This column offers a clear-eyed look at where we stand: the legislative landscape, the historical context, and the civic crossroads we now face. If we are to move forward as a nation, we must replace division with deliberation and rhetoric with results.

It's time for Congress to confront the issue of immigration not with slogans and soundbites, but with the seriousness it demands.

Keep ReadingShow less
Cuando El Idioma Se Convierte En Blanco, La Democracia Pierde Su Voz

Hands holding bars over "Se Habla Español" sign

AI generated

Cuando El Idioma Se Convierte En Blanco, La Democracia Pierde Su Voz

On Monday, the Supreme Court issued a 6–3 decision from its “shadow docket” that reversed a lower-court injunction and gave federal immigration agents in Los Angeles the green light to resume stops based on four deeply troubling criteria:

  • Apparent race or ethnicity
  • Speaking Spanish or accented English
  • Presence in a particular location
  • Type of work

The case, Noem v. Vasquez Perdomo, is still working its way through the courts. But the message from this emergency ruling is unmistakable: the constitutional protections that once shielded immigrant communities from racial profiling are now conditional—and increasingly fragile.

Keep ReadingShow less
A Witch Hunt Won’t Feed America
red meat in white plastic bag

A Witch Hunt Won’t Feed America

Missouri’s food economy runs on undocumented labor. Turning a blind eye won’t work anymore.

In meatpacking plants across Missouri, hundreds of workers clock in before dawn, keeping one of the state’s most essential industries up and running. Many of them are Latino immigrants, some undocumented, who have become the invisible backbone of Missouri’s $93.7 billion agriculture economy. They’re the ones who process the pork and clean the poultry that end up on our dinner tables.

Keep ReadingShow less
A medical professional wearing gloves, putting a band-aid on a patient's shoulder.

RFK Jr. has publicly challenged the safety of vaccines, although the evidence he cites is widely disputed by mainstream scientists, medical institutions, and public health experts.

Getty Images, Jackyenjoyphotography

Just the Facts: Vaccine Safety, RFK Jr.’s Claims, and Florida’s Mandate Rollback

Robert F. Kennedy Jr. is currently the United States Secretary of Health and Human Services and is responsible for shaping national health policy, managing public health programs, and guiding medical research and regulatory frameworks.

He has publicly challenged the safety of vaccines, including required childhood immunizations and COVID-19 vaccines. However, the evidence he cites is widely disputed by mainstream scientists, medical institutions, and public health experts.

Keep ReadingShow less