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.

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[–] 22 points 3 years ago (1 child)

the US would have to invade any country that endangers the climate for is citizens to ensure that right.

The US has invaded several countries to ensure their citizens have the right to cheap oil, which is also not covered in the constitution.

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  • [–] 9 points 3 years ago (1 child)
  • [+] -11 points 3 years ago* (2 children)

    No. The complete opposite of your point.

    It is not in the constitution, so it can't be done - your point.

    I am saying that the US has done things outside the constitution and in breach of international law to directly and materially aid their citizens.

    But this time it is different somehow...

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  • [–] 26 points 3 years ago (2 children)

    It is not in the constitution, so it can’t be done - your point.

    Actually they're saying the opposite. It seems everyone else in this thread seems to misunderstand it the way you did, though. The actual issue is that there is no constitutional right because you cannot having this in the consititution because there's no guarantee the US would be able to follow up on the right granted to its citizens.

    E.g., as you said before, there is no constitutional right to cheap oil, either. The US gov can try to provide that, but they cannot guarantee they can provide that, hence they cannot grant it as a consititutional right.

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  • [–] 8 points 3 years ago (1 child)

    I would rephrase it further. This is about the balance of powers in the government. The argument isn't that we don't have this right, it's that it isn't a Constitutional right.

    Our existing Constitutional rights are more or less straightforward - "No one can prevent you from peacefully speaking your mind," aside from exceptions like fraud and credible threats. The judicial branch, the court system, is responsible for stopping wrongdoers and overturning laws that violate those rights.

    By contrast, the proposed right, "No one can prevent you from having a stable climate where you live," is completely unenforceable by the courts.

    The scope is too different: it's unclear what actions and laws would be in violation of that right. Would you be infringing on your neighbor's right to a stable climate because you drove your car to work when you could have ridden a bike? Is your city infringing on your right to a stable climate if it uses incandescent light bulbs in government offices, or fails to mandate solar panels on every roof?

    The point being there is no Constitutional right to a stable climate because there's not really a way to directly violate that right in a way that the courts can enforce. Instead, it needs to be a policy decision passed by legislation with specific rules and actions in mind. That's a power reserved for Congress and not the courts.

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  • [–] 1 point 3 years ago*

    Right. I certainly hope the case succeeds, but cants see how it can be based n Constitutional grounds. Montana is an anomaly because their Constitution did explicitly protect the environment

    It seems like you’d have better luck arguing the EPA isn’t doing a sufficient job, or something

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  • [–] 0 points 3 years ago (1 child)

    By that logic, they cannot guarantee the freedom of speech either though. They can try very hard, and do their best to make amends for when it's breached, but many people have been silenced illegally by the US government. They can try, but they cannot promise this fact.

    I don't see why one couldn't apply the same to climate.

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  • [–] 4 points 3 years ago (1 child)

    The US government will not jail you for exercising free speech. That's what free speech is. The government can not censor free speech, and they do not. To protect your right to free speech, all the government needs to do is nothing.

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  • [–] 0 points 3 years ago (1 child)

    They are supposed to, but it happens. There is a reason we have appeals courts stranger.

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  • [–] 1 point 3 years ago (1 child)

    the point of those courts is to decide what is or is not free speech.

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  • [–] 0 points 3 years ago (1 child)

    Go read original post, this is literally what I am saying.

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  • [–] 1 point 3 years ago (1 child)

    you're just making conjecture about how the US denies people free speech.

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  • [–] 0 points 3 years ago (1 child)

    I’m citing it happens, something you yourself have agreed with.

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  • [–] 1 point 3 years ago (1 child)

    i never agreed that they jail people for exercising free speech. that's not how this works.

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  • [–] 0 points 3 years ago (1 child)

    Are you claiming no appeals court had ever ruled someone was exercising free speech after a lower court jailed them? Lol

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  • [–] 1 point 3 years ago (1 child)

    you're using the world jailed to mean arrested or charged, that's now what we are talking about. anyone can be put in jail for no reason for 24 hours. that doesn't mean much.

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  • [–] 0 points 3 years ago (1 child)

    You can be sentenced and appeal from jail stranger. You don’t just sit free if you have an appeal. It’s extremely situational.

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  • [–] 1 point 3 years ago (1 child)

    yes, that's the point of the system.

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  • [–] 0 points 3 years ago (1 child)

    Which again, read the origional post stranger lol

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  • [–] 1 point 3 years ago (1 child)

    really productive "the courts exist", great addition the conversation.

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  • [–] 0 points 3 years ago (1 child)

    Says the person jumping in to agree aggressively

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