
Contents
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American Constitutional Exceptionalism American Constitutional Exceptionalism
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Not So Exceptional After All Not So Exceptional After All
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First Central Argument: America Has Positive Rights First Central Argument: America Has Positive Rights
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Second Central Argument: Rights Movements Can Be Aimed at Change Second Central Argument: Rights Movements Can Be Aimed at Change
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The Rest of the Book The Rest of the Book
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1 Looking for Rights in All the Wrong Places
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Published:April 2013
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Abstract
This book examines the nature and political origins of America's positive constitutional rights. It is widely assumed that constitutional rights in the United States protect people from government alone, not to mandate that government to protect them from other sorts of dangers. In other words, America is often believed to be exceptional in its lack of positive rights and its exclusive devotion to negative ones. The book challenges this conventional wisdom about the nature of America's constitutional rights by focusing on three political movements: the campaign for education rights, the movement for positive labor rights, and the push for constitutional rights to environmental protection during the 1960s and 1970s. Together, these cases demonstrate that rights movements in the United States have used state constitutions for reasons that have been largely overlooked by theories of constitutional politics.
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