Rights and the constitution judicial protection of social rights in American constitutional law The US Constitution, including the Bill of Rights, is silent on positive or affirmative rights such as the right to an education, the right to employment and welfare rights. In recent decades, the US Supreme Court has been bold in using its power of judicial review to bolster individual rights, but mainly through decisions which lie within the tradition of limiting the government's power over individuals. Through the use of the equal protection clause of the 14th Amendment, the courts, mostly in the 1960s and the 1970s, set out to reform American society in fields such as race relations, education and welfare and thus blurred the distinction betw...