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Joe Biden’s DOJ Is Claiming “There Is No Constitutional Right to a Stable Climate” (jacobin.com)

submitted 3 years ago by JoeCoT@kbin.social to c/nottheonion@lemmy.world

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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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[–] justastranger@sh.itjust.works 42 points 3 years ago (2 children)

The Constitution also explicitly states that we have rights not enumerated in the Constitution.

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[–] JustZ@lemmy.world 15 points 3 years ago

That's true I always forget about that.

I find penumbral reasoning compelling in its own right.

But the Ninth Amendment is express:

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

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[–] SCB@lemmy.world 2 points 3 years ago

The difference here is that unenumerated rights can be added at a future date, and this right has not been added.

Unenumerated rights can become enumerated rights if they are added to the constitution. There is certainty surrounding enumerated rights, while unenumerated rights are uncertain.

https://constitutionus.com/constitution/what-enumerated-and-unenumerated-rights-does-an-american-have/

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