Schlickeisen, R. (1994). Protecting Biodiversity for Future Generations: An Argument for a Constitutional Amendmentt. Tulane Environmental Law Journal, 8(1), 181-221.
Summary
This paper proposes a constitutional amendment in the U.S. that
explicitly imposes upon the government an affirmative obligation to
protect the right of all people, including future generations, to the benefits
of our living natural resources. This paper also responds to anticipated
arguments from two opposing viewpoints. The first claims that
protection for nature as a subject is of insufficient stature to warrant
constitutional treatment. The second maintains that by protecting nature
only as a human resource the amendment does not go far enough. I
respond that a constitutional amendment to protect biodiversity on behalf
of all humans is the only option that captures scientific necessity and
legal practicality.
