TY - BOOK AU - Zackin,Emily TI - Looking for Rights in All the Wrong Places: Why State Constitutions Contain America's Positive Rights T2 - Princeton Studies in American Politics: Historical, International, and Comparative Perspectives SN - 9780691155784 AV - KF4750.Z95 Z33 2017 U1 - 342.73085 23 PY - 2013///] CY - Princeton, NJ : PB - Princeton University Press, KW - Civil rights KW - U.S. states KW - United States KW - States KW - Constitutional law KW - POLITICAL SCIENCE / Civil Rights KW - bisacsh KW - Congress KW - U.S. Bill of Rights KW - U.S. Constitution KW - activists KW - capitalism KW - common school movement KW - constitutional conventions KW - constitutional development KW - constitutional law KW - constitutional politics KW - constitutional rights KW - constitutionalism KW - constitutions KW - education rights KW - education KW - entrenchment theories KW - entrenchment KW - environmental activism KW - environmental activists KW - environmental health KW - environmental organizations KW - environmental protection KW - environmental rights KW - government intervention KW - higher lawmaking KW - judicialization KW - labor movement KW - labor regulation KW - labor rights KW - liberalism KW - litigation KW - negative rights KW - political movements KW - positive rights KW - rights movements KW - ski trails KW - social change KW - social movements KW - state constitutionalism KW - state constitutions KW - state governments KW - state legislatures N1 - Frontmatter --; Contents --; Acknowledgments --; Chapter 1. Looking for Rights in All the Wrong Places --; Chapter 2. Of Ski Trails and State Constitutions --; Chapter 3. Defining Positive Rights --; Chapter 4. Why Write New Rights? --; Chapter 5. Education --; Chapter 6. Workers' Rights --; Chapter 7. Environmental Protection --; Chapter 8. Conclusion --; Bibliography --; Index --; Backmatter; restricted access; Issued also in print N2 - Unlike many national constitutions, which contain explicit positive rights to such things as education, a living wage, and a healthful environment, the U.S. Bill of Rights appears to contain only a long list of prohibitions on government. American constitutional rights, we are often told, protect people only from an overbearing government, but give no explicit guarantees of governmental help. Looking for Rights in All the Wrong Places argues that we have fundamentally misunderstood the American rights tradition. The United States actually has a long history of enshrining positive rights in its constitutional law, but these rights have been overlooked simply because they are not in the federal Constitution. Emily Zackin shows how they instead have been included in America's state constitutions, in large part because state governments, not the federal government, have long been primarily responsible for crafting American social policy. Although state constitutions, seemingly mired in trivial detail, can look like pale imitations of their federal counterpart, they have been sites of serious debate, reflect national concerns, and enshrine choices about fundamental values. Zackin looks in depth at the history of education, labor, and environmental reform, explaining why America's activists targeted state constitutions in their struggles for government protection from the hazards of life under capitalism. Shedding much-needed light on the variety of reasons that activists pursued the creation of new state-level rights, Looking for Rights in All the Wrong Places challenges us to rethink our most basic assumptions about the American constitutional tradition UR - https://doi.org/10.1515/9781400846276?locatt=mode:legacy UR - https://www.degruyter.com/isbn/9781400846276 UR - https://www.degruyter.com/cover/covers/9781400846276.jpg ER -