You Can Grow Your Own Way: Maine's Constitutional "Right to Food" Amendment

Authors

Kristen Hebert, University of Maine School of Law

Abstract

Maine is the first state to constitutionalize a right to food. This is significant not only because no other states have enshrined such a right, but because this is Maine’s first foray into constitutionalizing any new individual rights. This raises a host of questions for courts to grapple with: What level of scrutiny should apply? What kinds of protections does this right afford? What are its limitations? This Comment offers a framework for courts to use when interpreting the right to food that is grounded in the legislative and voter intent. Given the amendment’s broad language, this comment argues that the scope of the right to food should be construed quite narrowly to avoid unforeseeable and perhaps undesirable outcomes. This Comment also offers some reflections on Maine’s constitutional amendment process, and considerations for adding new rights in the future.

First Page

321

Recommended Citation

Kristen Hebert, You Can Grow Your Own Way: Maine's Constitutional "Right to Food" Amendment, 76 Me. L. Rev. 321 (2024).
Available at: https://digitalcommons.mainelaw.maine.edu/mlr/vol76/iss2/7