On America’s Inexplicit Dignity

Abstract

While the United States explicitly protects many rights, it holds a few as unenumerated rights. This paper seeks to explain the lack of a constitutional right to dignity in America, and argue for such a right. The U.S. common law system allows rights to be developed only after a case of first impression. Nonetheless, some rights-violations are so detrimental to democratic function that a case of first impression must not be required and preemptive protections must be put in place. The right to dignity is such a right.