Preserving the Priceless: A Constitutional Amendment to Empower Congress to Preserve, Protect, and Promote the Environment

Gildor, Dan L.
November 2005
Ecology Law Quarterly;2005, Vol. 32 Issue 4, p821
Academic Journal
Today, federal environmental policy is experiencing two separate yet related crises. The first is a legal crisis wherein the constitutional foundation of such policy is being brought into question and challenged before an increasingly conservative bench sympathetic to such challenges. The second is an ethical crisis wherein present-day federal environmental policy, built upon the Commerce Clause, fails to properly express the environmental ethic that that policy seeks to embody. These two crises each independently commend a constitutional amendment to empower Congress to directly preserve, protect, and promote the environment. Taken together, they render undeniable the need for such an amendment, which, given its structure, content, and broad public acceptance, stands a good chance at ratification.


Related Articles

  • John Rawls and Climate Justice: An Amendment to The Law of Peoples. Huseby, Robert // Environmental Ethics;Summer2013, Vol. 35 Issue 2, p227 

    To what extent does John Rawls' theory of international justice meet the normative challenges posed by climate change? There are two broadly compatible Rawlsian ways of addressing climate change. The first alternative is based on the two principles that Rawls applies to the domains of...

  • "The World Is Our Home": Environmental Justice, Feminisms, and Student Ideology. Plevin, Arlene // Feminist Teacher;2006, Vol. 16 Issue 2, p110 

    The article presents the author's assessment on the concept of environmental justice and feminisms which she discussed to her class in the U.S. The author tackled issues where she took active participation in promoting environmental consciousness and feminism. The course has enable students to...

  • Some Initial Approaches to Environmental Philosophy in Argentina. Bugallo, Alicia Irene; La Valle, Maria Teresa // Environmental Ethics;Winter2012, Vol. 34 Issue 4, p411 

    Specific legislation in Argentina followed in the wake of the 1992 Earth Summit, with increased citizen awareness and growing academic concern from various philosophical perspectives. The current lines of research of the main work groups include (a) interdisciplinary work on environmental ethics...

  • The Evolving Structure of the Environmental Justice Movement in the United States: New Models for Democratic Decision-Making. Faber, Daniel; McCarthy, Deborah // Social Justice Research;Dec2001, Vol. 14 Issue 4, p405 

    Over the last two decades in the United States, mainstream environmental organizations have reduced, rather than increased, democratic participation by citizens in environmental problem-solving. The environmental justice movement, on the other hand, has served to enlarge the constituency of the...

  • Environmental Justice Syllabus.  // Feminist Teacher;2006, Vol. 16 Issue 2, p129 

    The article presents course description, course objectives, grading and assignments, policy on late papers and make-up assignments, statement on academic honesty, and class schedules for the syllabus on Environmental Justice that appeared in the 2006 issue of the journal.

  • Local Risks, States' Rights, and Federal Mandates: Remedying Environmental Inequities in the U.S. Federal System. Ringquist, Evan J.; Clark, David H. // Publius: The Journal of Federalism;Spring99, Vol. 29 Issue 2, p73 

    Focuses on the debate in environmental policy and justice which centers around the perceived racial and class biases in exposure to environmental hazards in the United States. Definition of environmental justice; Empirical evidence on environmental equity; Federal actions and state efforts to...

  • In balance with nature? Newsom, Gregg // Michigan Citizen;8/26/2012, Vol. 34 Issue 42, pA10 

    The article discusses the environmental justice pinciples adopted during the First National People of Color Environmental Leadership Summit held on October 24,-27, 1991.

  • In Defence of Bad Science and Irrational Policies: an Alternative Account of the Precautionary Principle. John, Stephen // Ethical Theory & Moral Practice;Feb2010, Vol. 13 Issue 1, p3 

    In the first part of the paper, three objections to the precautionary principle are outlined: the principle requires some account of how to balance risks of significant harms; the principle focuses on action and ignores the costs of inaction; and the principle threatens epistemic anarchy. I...

  • THE RIGHTS OF FUTURE GENERATIONS IN ENVIRONMENTAL ETHICS. Petrini, Carlo // International Journal of Ethics;2011, Vol. 7 Issue 3/4, p197 

    Today it is widely recognised that much of the harm done to the environment is not limited by geographical, political or time barriers. From the point of view of environmental ethics, our concern for future generations arises mainly from their position of disadvantage: preceding generations can...


Read the Article


Sorry, but this item is not currently available from your library.

Try another library?
Sign out of this library

Other Topics