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How the Constitution Fails to Protect the Environment

From Observatory

Addressing climate change within the framework of a healthy democracy poses significant challenges. Firstly, humans must overcome cognitive barriers to recognize the impact of everyday actions on the climate and understand the importance of long-term solutions for future generations. Additionally, politicians face opposition from powerful fossil fuel interests, hindering the implementation of necessary policies. Furthermore, historical injustices like colonialism and racism are deeply embedded in systems contributing to climate change, complicating efforts to develop a shared vision for a future radically different from settled expectations.

Unfortunately, the current state of U.S. democracy exacerbates these challenges. Corporate influence in elections goes unchecked, while voter suppression measures disproportionately affect marginalized communities. Moreover, widespread distrust in the electoral process and misinformation perpetuate divisions within society.

Meanwhile, the frequency and severity of climate-related events continue to escalate, further straining both the environment and democratic institutions. The urgent need for action requires significant societal transformation to reduce emissions and adapt to changing conditions.

Critically, the constitutional framework fails to adequately address the climate crisis. While the Constitution outlines principles of governance, it lacks explicit provisions for environmental protection and fails to limit government actions that harm the environment. Judicial interpretations further exacerbate these shortcomings, hindering meaningful climate policy and perpetuating minority influence over majority interests.

To address these deficiencies, constitutional reforms may be necessary to explicitly recognize environmental rights, strengthen democratic processes, and advance social justice. Alternatively, reinterpretations of existing texts could provide a pathway to align constitutional principles with the imperative to address climate change effectively.

In conclusion, the intersection of climate change and democracy underscores the need for systemic change to overcome barriers to action and ensure a healthy and stable climate for all.

Read full article "How the Constitution Fails to Protect the Environment" by Katrina Fischer Kuh, James R. May.

🔭   This summary was human-edited with AI-assist.

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