Maybe I'm misinterpreting what you meant in your original comment? "This seems to fall under the whole “promote the general welfare” part of the Preamble of the Constitution, though perhaps the court is unaware of it."
The OP is about a federal ruling saying clean water is not a constitutional right, no? And if you're disagreeing you're saying it should be a positive federal right in interpretation if not declaration, implying power of enforcement.
The OP is about a federal ruling saying clean water is not a constitutional right, no? And if you're disagreeing you're saying it should be a positive federal right in interpretation if not declaration, implying power of enforcement.