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Utopian Dangers: Chemerinsky's "Right To Minimum Subsistence", Dennis D. Dorin

Mercer Law Review

Susan Bandes, a strong proponent of the theory that positive rights are encompassed by the Constitution, nevertheless dismisses arguments for a constitutionally mandated minimum subsistence as "utopian." A brief critique of Erwin Chemerinsky's "Making the Case for a Constitutional Right to Minimum Entitlements" may tell us why.

Professor Chemerinsky sets a somewhat modest goal for his article. He seeks to delineate what he believes to be the main steps in the development of a viable argument in support of a constitutional right to minimum entitlements.' He does this provocatively, summarizing and invoking, although not going far beyond, the relatively small …