Group Study Review

Group Study Review - 1. Sustainable Development and the...

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1. Sustainable Development and the Constitution: - What is environmentally sound and economically efficient? What is socially and politically acceptable and just? - Requires that environmental resources not be overtaxed so that they are available for future generations - Const: Guideline for sustainable development, guideline for consensus bldg, able to be a process for changing values but still stable enough for rule of law - Sep of powers acts as balancing - Commerce clause—allows for reg and provides for sustainable development; congress still has control enterprise and promote better development - Const “promote internal well-being” - Takings Clause and Just compensation Clause—both provide method for gov to take things and give back so development occurs, but its not 100% taking…its balancing - These examples show const, through law balances our whole country and is flexible to change as we change—good for future generations - Sustainable Development Perspectives: o Rely on technology o We can adapt o Prevention; address root causes - Consensus building (rather than coercion) - Way of creating a process that is flexible enough to accommodate changing values, economics, etc. and stable enough for political system of rule of law - Traditional conserv. View of const o living const: is opp. Of this; just looks at principles o idea of fixed const. doesn’t mean there’s no room for gov. rule - Very easy to be drawn to poles when looking at environ policy (business, moral, etc.) o No consensus on this yet - No goals will ever be met if people only make moral justifications to issues; need to be able to reach a consensus - There needs to be limits to one’s will at the societal level just like individ will is restrained with self-gov. - Happy medium= market incentives (combo of c-and-c and free market) o Emission trading; dif. From free market b/c gov. is playing a role; least obtrusive way of meeting goals---not most effective, but room for progress - C.J. Marshall: o Balances dif. Const. objectives o Cities are not competent enough to deal with 3 rd gen probs, Fed gov is competent enough Some cities/localities are, but not enough o Where states are incapable to act to further some gov. end, Nat. gov has authority to act o We are seeing progress at local levels o Although const. is fixed, its flexible enough to allow states more power where they show they are more competent (Nat. gov. loses some power) - How to formulate process: o Restrain ambition—to reach consensus o Fixed rules—so people know what to bring to table/mediation event o Institutional integrity (as a primary goal) o ? is who comes up with this process? EPA?
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2. Balancing Different concerns (not just environ and econ) - Moral, political, ethics, scientific, environ, justice, economics, business - Easier to comp on interests rather than principles; have to give a little, if you’re extreme one way then nothing will get done - Moderate can balance easier - Incorp cost benefit anal - Behavior substitution so ppl don’t feel like their being regulated; balancing econ and
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This note was uploaded on 01/26/2009 for the course HIST 101 taught by Professor Wormer during the Spring '08 term at Baylor.

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Group Study Review - 1. Sustainable Development and the...

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