Download Justice in the United States: Human Rights and the by Judith Blau, Alberto Moncada PDF

By Judith Blau, Alberto Moncada

Justice within the U.S. is a sequel to Human Rights: past the Liberal Vision, and the second one in a trilogy on human rights. The invoice of Rights of the U.S. structure explicitly clarifies the non-public political and civil rights of people, and through court docket interpretation, the rights of agencies. but within the 20th century, following global conflict II, so much international leaders reached the belief that political and civil rights weren't adequate they usually needed to be supplemented with extra rights that might defend their voters and create extra strong societies. by means of the tip of the century, so much nations had amended their constitutions to incorporate many different rights, particularly these relating social safety, healthiness care, housing, good jobs, ladies, minorities, cultural and language rights, and environmental protections. This amounted to not anything below a global constitutional revolution, however it has long gone principally left out within the usa.

In this quantity, the authors evaluate the constitutional provisions of other geographical regions and summarize a few of the correct United countries' human rights declarations and treaties. To inspire US electorate to imagine severely approximately their structure in gentle of the constitutions of different states, the authors current a draft revision of the U.S. structure. after all, revision of the structure needs to be a comprehensively a democratic technique, and the authors desire to convey how this technique may start.

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Extra resources for Justice in the United States: Human Rights and the Constitution

Example text

But not free in any modern sense: as Frederick Douglass stated at the time, “the black was free from the individual master, but a slave of society. . ”16 No constitutional amendment was ever proposed that would give African Americans full equality. The Civil Rights Act, a piece of legislation that addresses discrimination (again, in the negative sense of rights) and not full rights, does not. Besides, like any piece of legislation, it can be repealed just as it was passed into law. Southern states did everything in their power to circumvent the 1865 Thirteenth Amendment, leading to the enactment of the Fourteenth Amendment in 1868.

We will argue that what is required is a shift in consciousness, so that it becomes automatic to think and act in ways that take collective well-being into account. The prime mover for this shift in consciousness is globalization that impels interconnectedness among humans never imaginable before, and, in turn, the knowledge and a consciousness of others’ predicaments as well as of one’s own privileges. This is not as complex as it might seem because the rights of humans are not discrete and partial, but come in one package, or, rather, follow holistically from a clear assumption that humans are both different and equal.

Global justice and peace are thwarted so long as the most powerful nation defies international laws and treaties, and the well-being of Americans is compromised by an inadequate Constitution. The constitutions of most countries are evolving in harmony with international human rights standards, but this process has not yet begun in the United States. Revising a constitution ought to be an intense and inclusive process, involving the grassroots (in classrooms and community meetings), local and national committees, as well as legal and other experts.

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