A right of equal access to public goods and services is rooted in the rights to ‘Life, Liberty, and the pursuit of Happiness.’ With these rights, the Declaration of Independence asserts the concept of equality as a founding principle, while nearly a century later in the nation’s “second founding” after the Civil War, the 14th Amendment to the Constitution goes further in guaranteeing equal protection of the law. These documents create the principle from which a right of equal access is derived, including access to education, health care, housing, and environmental protection. Throughout American history, the concepts of liberty and equality have been intertwined but also conflicted. Current trends within public education, health care, housing, and environmental protection reflect burgeoning disparities in opportunity. Public policy in recent years has centered around the promotion of macroeconomic growth but has done little to guarantee individual and societal well-being, reinforcing the focus of the private sector on maximizing shareholder value, often at the expense of employees and consumers. These policies have exacerbated the inequality of access to public goods and services, such as health and education, among significant portions of the population, who lack the agency and the opportunity to sustain themselves. It is critical that the United States responds to the public health and economic crises by protecting liberty, equality, and securing equal access to public goods and services.
Shattuck, John, and Mathias Risse. "Reimagining Rights and Responsibilities in the United States: Equal Access to Public Goods and Services." HKS Faculty Research Working Paper Series RWP21-007, March 2021.