TITLE

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

AUTHOR(S)
Gildor, Dan L.
PUB. DATE
November 2005
SOURCE
Ecology Law Quarterly;2005, Vol. 32 Issue 4, p821
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
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.
ACCESSION #
20084704

 

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