The error of positive rights

Calls for recognition of constitutional positive rights to public assistanc e have persisted over the years, but this Article suggests that such recogn ition would be unwise. After establishing that positive rights can indeed b e logically distinguished from, the traditional negative rights generally f ound in the Constitution, Professor Frank Cross explains; why the recogniti on of positive rights would be ineffective, given the economic and politica l realities of rights enforcement. The ineffectiveness of positive rights i s generally confirmed by the empirical evidence. Should positive rights be given effect, there is a serious chance that judicial intervention and enfo rcement of them could actually have counterproductive effects.