Necessities to Life: The Fundamental Rights to Clean

Abstract

Americans are guaranteed fundamental rights, including some not enumerated in the Constitution. The Supreme Court has recognized several, such as the right to parent one's children. The right to clean water and clear air are necessary to “promote the general welfare” and so should be recognized as fundamental rights. This paper walks through the importance of both water and air protections, where the United States legal framework could possibly allow for protections, what current protections exist, why further protections are vital.