courts as change agents: do we want more — or less? /

In claiming that Americans are looking for rights in all the erroneous places,Professor Emily Zackin targets two flawed mindsets: (1) that the exclusive source of original individual rights is the federal Constitution, as opposed to the state constitutions; and (2) that constitutional rights in general are exclusively negative, and just libertarian prohibitions on governmental action,[…]

Source: harvardlawreview.org