This concluding chapter clarifies that the book has refuted the claim that positive rights are outside the American constitutional tradition by investigating the various campaigns to add education and labor rights as well as rights to environmental protection to state constitutions. By including state constitutions in our view of American constitutionalism, many successful movements for positive constitutional rights become immediately apparent. The campaigns for positive rights have varied across states and over time, but each has worked for a more expansive government, one intended to protect people from threats other than a tyrannical state, and often from the dangers associated with unfettered capitalism. This chapter examines the exclusionary and racist side of the movements that championed positive rights and highlights the many, mutually influential connections between constitutional development at the state and federal levels.
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