Skip to content
Search

Latest Stories

Follow Us:
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

An illustration of the U.S. flag on the shape of the U.S. with blue and red figures of people across it.

Every state has its own constitution.

How State Constitutions Became the Battleground for American Rights and Liberties – on Both the Left and Right

Beyond picking governors, state legislators, local officials and representatives to serve in Congress, voters in almost every state this year will have the opportunity to amend the language of their state constitution. In one state, they could potentially rewrite the constitution altogether.

Though the U.S. Constitution is rarely amended, voters frequently amend their state constitutions. In every election cycle, voters are asked to ratify constitutional amendments.

Keep ReadingShow less
The Unscrupulousness of AIPAC

Israeli Prime Minister Benjamin Netanyahu addresses the American Israel Public Affairs Committee's annual policy conference at the Washington Convention Center March 6, 2018 in Washington, DC.

(Photo by Chip Somodevilla/Getty Images)

The Unscrupulousness of AIPAC

After AIPAC failed to defeat El-Sayed in the Michigan Democratic Senate primary—after spending $32 million—it said that it remains committed to defeating El-Sayed and his "radical, anti-Israel" agenda in the general election. Which means it is poised to sink tens of millions of dollars in supporting Republican Mike Rogers. It also said that Haley Stevens, his opponent, had presented "an authentic Democratic agenda." Meaning that El-Sayed did not? And they think that Mike Rogers, a MAGA Trump supporter, does compared with El-Sayed?

How can AIPAC say that El-Sayed does not present an authentic Democratic agenda when his socialist stance is much more in line with the principles stated in the Declaration of Independence than most centrist Democrats'? And making it sound like AIPAC cares about an authentic Democratic agenda is deceitful, when in the same breath they make clear that they will support Mike Rogers, a Trump lackey, in the general election.

Keep ReadingShow less
Scientists Warn of Deepening Federal Attacks on Research
silhouette of person using microscope

Scientists Warn of Deepening Federal Attacks on Research

Scientists and the federal government have been close partners since World War II. A landmark report by President Truman’s chief science advisor laid out a vision for government research that shaped eight decades of federally funded science. That vision is now at risk. In principle, the Trump administration has supported scientific research with its own vision for a new “golden age of science.” But in practice, the administration has upended the relationship between the government, researchers, and their institutions. The changes have alarmed working scientists and their allies, who have protested in record numbers.

In July, I moderated a webinar on “Rewriting the Rules: What’s happening to public science?” (read the transcript here). The webinar was co-sponsored by NAPA, CODE, and the Bridge Alliance, with Dr. Aaron Carroll of AcademyHealth, Dr. Chris Marcum of the Federation of American Scientists, Dr. Gretchen Goldman of the Union of Concerned Scientists, and Dr. Maryam Zaringhalam of the Center for Open Science. I also interviewed Cole Donovan of the Stand Up for Science Foundation by email.

Keep ReadingShow less
Democratic Party Suicide
a piece of paper cut out of the shape of a donkey
Photo by Kelly Sikkema on Unsplash

Democratic Party Suicide

A recent New York Times article, "Moderate Democrats Prepare for 'War' Against an Ascendant Left," describes a disturbing perspective among mainstream, moderate, centrist Democrats. It is disturbing for many reasons.

First, there is the practical impact. If indeed mainstream Democrats attack socialist Democrats in a sustained, organized manner, there is only one possible result: the defeat of the Party in 2026 and the renewed vigor of Trump and his MAGA allies. Especially when combined with the all-out effort that AIPAC will mostly take to support Republican candidates running against Democratic candidates who are socialists. (See my article, "The Unscrupulousness of AIPAC.")

Keep ReadingShow less