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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[–] 119 points 3 years ago (4 children)

They're right though. There is nothing in the US constitution that guarantees the right to a healthy environment.

Cool that it isn't stopping them from putting a lot of climate action in motion.

What a dumb article.

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  • [–] 21 points 3 years ago (4 children)

    Not only is there nothing in the constitution to prevent them from adding to it, the forefathers urged us to do so, and created systems for exactly that reason. The forefathers weren't dummies, they were smart guys. That's why they created something that is supposed to be a living document.

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  • [–] 7 points 3 years ago

    We should do that! It's a great idea to add to and modify the document that shapes our rights.

    I can think of three new amendments I'd want right away. But I can't sue the government on the basis of laws that don't exist.

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    [–] 61 points 3 years ago (7 children)

    The rules in the Constitution are only relevant so far as they are within the ability of the government to provide. Outlawing slavery, the right to free speech, the right to vote, these can all be provided and protected by the government. The global climate can only be protected by ensuing that the rest of the world does not ruin the climate, in other words, the US would have to invade any country that endangers the climate for is citizens to ensure that right. This is why the Constitution does not provide he right to travel anywhere outside of US borders either.

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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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  • [+] 13 points 3 years ago (1 child)
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    [–] 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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  • [–] 41 points 3 years ago (7 children)

    Good to know that nobody will be held accountable for the end of the world.

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    [–] 40 points 3 years ago (2 children)

    There isn't. That doesn't mean that this isn't a noble cause, but come on. There's no point in using the Constitution as the deciding factor of all that is good.

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

    Americans are utterly obsessed with their constitution. They treat it like a holy book, despite (and perhaps sometimes because of) the fact that it's pretty much impossible to convince enough people to change these days, despite it also needing changes.

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  • [–] 36 points 3 years ago (4 children)

    I mean...it doesn't

    Who thinks it does? What a silly idea

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  • [–] 17 points 3 years ago (5 children)

    Correct, the constitution does not literally call out the right to a stable climate, however it's kinda hard to make good on any other constitutional right if populations being culled by extreme heat becomes the new worldwide norm.

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    [–] 32 points 3 years ago (2 children)

    Time for a new amendment then, bitches. Let's fucking do this.

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    [–] 24 points 3 years ago* (2 children)

    Breaking news: Life, liberty and the pursuit of happiness does not include a right to a liveable environment.

    (yes I know this is from the DOI, not the constitution, and has no legal force)

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

    How can one live without a stable environment?

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  • [–] 9 points 3 years ago*

    Apparently, the right to life and the right to keep living are two very different things to the justice department.

    Then again, why are we surprised when a life spent is solitary confinement does not meet the definition of "cruel and unusual punishment" for the same group.

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    [–] 19 points 3 years ago (1 child)

    Apparently right to life is not right to live

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  • [–] 15 points 3 years ago

    Pack it in folks, we don't have the right to live. Constitution doesn't mean shit if there is no one around to read it.

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

    What does the constitution day about computers and cars and genetic engineering?

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

    The constitution gotta protect guns in case the king of England invades your F250 but heaven forbid you protect the environment.

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

    Well, technically the Justice Department is correct. Which on the other hand should not imply that the government should just keep out of it.

    But the climate change was mainly caused by people and corporations, so they are the ones to blame.

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    [–] 8 points 3 years ago

    The Jacobin is such a rag lol.

    Biden's done more for climate policy than every President before him combined, and the DOJ is no more "his" here than it is when it prosecutes Donald Trump.

    Americans, legally, do not have a constitutional right to anything regarding the climate. This makes standing on climate policy difficult (but clearly not impossible, as the article itself notes) to prove.

    This isn't some "gotcha"

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

    I feel like this is worded to be a jab at JB when it really shouldn't be. Unfortunately it is true. At best they can say people have a right to not have the government subsidise the oil industry, mining operations and other things that are directly damaging, but they can't guarantee clean air.

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