Looking for Rights in All the Wrong Places

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A01=Emily Zackin
Activism
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Amendment
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Cambridge University Press
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Classical liberalism
Common school
Constitution
Constitutional amendment
Constitutional law
Constitutionalism
Constitutionality
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Direct democracy
Discretion
Due process
Due Process Clause
Employment
Environmental protection
Environmentalism
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Federal government of the United States
Freedom of speech
Generosity
Governance
Government
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Judicial independence
Judiciary
Labor Right
Laborer
Labour law
Labour movement
Language_English
Lawmaking
Lawyer
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Oxford University Press
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Police power (United States constitutional law)
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Princeton University Press
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Publication
Ratification
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Regime
Regulation
Right to education
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Social movement
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State constitution (Australia)
State constitution (United States)
State government
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Theda Skocpol
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Product details

  • ISBN 9780691155784
  • Weight: 454g
  • Dimensions: 152 x 235mm
  • Publication Date: 21 Apr 2013
  • Publisher: Princeton University Press
  • Publication City/Country: US
  • Product Form: Paperback
  • Language: English
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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.
Emily Zackin is assistant professor of political science at Hunter College, City University of New York.

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