ASSEMBLY CONCURRENT RESOLUTION No. 103

STATE OF NEW JERSEY

INTRODUCED NOVEMBER 7, 1996

By Assemblywoman WEINBERG, Assemblymen R. SMITH, Rooney and Zisa

A Concurrent Resolution memorializing the United States Congress to propose an amendment to the United States Constitution to assure the protection of the air, water and natural resources of the United States.

Whereas, The United States Constitution gives present and future generations a structure for ordered liberty that has served this country well; and

Whereas, The historic decisions made by the Constitution's framers, augmented from time to time by amendment, give us a Constitution which permits each generation to overcome the great societal disturbances of its time; and

Whereas, As the custodians of the health of our children and of future generations, we are obligated to protect them from threats to their fight to breathe clean air, drink pure water, avoid contamination, and share in the spiritual regeneration that comes from wilderness and nature, just as previous generations were obligated to enhance freedom, justice and prosperity; and

Whereas, Historically, the leaders of this country have not protected its natural resources, valuing instead the growth in population, the expansion of the economy, the migration west to open the continent to settlement, mining and farming, because of the seeming unlimited wealth of the county's natural resources; and

Whereas, Federal laws to protect and improve the environment were passed in the 1970's and have fallen short of accomplishing their goals of making our air safe to breath, our waters fishable and swimmable, and our lands clean and healthy; and

Whereas, The nation's environmental laws have been undermined by Congress's failure to provide funding and oversight for the vigorous enforcement of those laws; and

Whereas, Support for strong environmental laws ebbs and flows based upon the political and economic climate, thus demonstrating a need for our commitment to the public health and environmental security of our citizens and of future generations to be accorded constitutional status; and

Whereas, A constitutional remedy is necessary to accomplish this goal even though historically the people have been reluctant to amend the Constitution except for the most compelling reasons; and

Whereas, The commitment to the public health and environmental security of our citizens and of future generations is so important, and so deeply a part of American tradition and values that it requires constitutional status; we can no more rely on statutory protection for the environment and public health than the nation could rely on statutes alone to assure the liberation of enslaved Americans, or the ability of women to vote; now, therefore,

    Be It Resolved by the General Assembly of the State of New Jersey (the Senate concurring):

    1. The Congress of the United States is memorialized to propose to the several states the following amendment to the Constitution of the United States:

The natural resources of the nation are the heritage of present and future generations. The right of each person to clean and healthful air and water, and to the protection of the other natural resources of the nation, shall not be infringed upon by any person.

    2. The Legislature of each of the several states comprising the United States shall be urged to memorialize Congress requesting the proposal of the above amendment to the Constitution; and

    3. Duly authenticated copies of this resolution, signed by the Speaker of the General Assembly and attested by the Clerk thereof shall be sent to the Speaker of the United States House of Representatives, the Majority Leader of the United States Senate, every member of Congress elected from this State, and the presiding officers of the Legislature of each of the several states in the United States.

STATEMENT

    This resolution would memorialize the Congress of the United States to propose to the several states an amendment to the Constitution of the United States that would protect the right of each person to clean and healthful air and water, and to enjoy the other natural resources of the nation.

Memorializes Congress to propose amendment to U.S. Constitution to protect the right to a clean environment.