Cohen & Cohen: The ‘Second Amendment of Food’
In The ‘Second Amendment of Food’: Some Reflections on American Liberalism, Mathilde Cohen (Connecticut Law) and Amy Cohen (Temple Law) explore Maine’s new “right to food” amendment by considering the history of the conception of the right to food, the legislative history of the amendment, and its future implications as additional states grapple with similar constitutional amendments.
The article focuses specifically on Maine’s addition of a “right to food” amendment to the state constitution in 2021. Although the “right to food” may sound straightforward, the authors explain how various understandings of this right have developed over time and across political ideologies.
In considering this transformation, the authors first locate the movement’s origins in the 1930s and 40s with the desire on both a national and international level to ensure the state was sufficiently involved in providing food and economic oversight to prevent anyone from going hungry. Over time, this movement changed as agrarian, pastoral, rural, and Indigenous interests began promoting the idea of a “right to food sovereignty,” which roughly translates to an ability to produce one’s own food in a dignified way, free from government intervention. As exemplified by Maine’s amendment, this movement continued to morph into a “right to food” centered around promoting the rollback of government intervention that hinders small-scale farming and community agricultural practices, specifically by agencies such as the U.S. Department of Agriculture and the Food and Drug Administration. The authors analyze how the amendment developed this meaning through its legislative history and within the context of broader political movements in the United States.
As more states begin to consider similar amendments, they need to grapple with the many possible interpretations of a “right to food.” Consequently, the authors conclude by encouraging further consideration of what this movement might mean for traditional American liberalism and welfare programs.
