In a concurring opinion, Taney argued that the constitutional guarantee of slaveholders'rights to ownership and the prohibition in Article IV against preventing slaves'return to their masters in Southern states imposed a positive duty on states to enforce federal fugitive slave laws.
22.
"We may be unique in the world, but in our armed forces, you have a positive duty to disobey an unlawful order, " said Smith, a University of Oklahoma law professor who spent more than 20 years with the Army Judge Advocate Corps.
23.
As for what the Rev . Max Stackhouse, the Stephen Colwell Professor of Christian Ethics at Princeton Theological Seminary, calls the " classical tradition " in Protestantism, it has almost always taught that " there is a positive duty to support the political powers ."
24.
"There are public laws in this state, " he said at the time, " and it's our positive duty to deal with fornication just as we do with thievery, lying and cheating, by taking severe disciplinary measures against the offenders ."
25.
Thus, they serve to emphasise the welfare state model of the Constitution and emphasise the positive duty of the state to promote the welfare of the people by affirming social, economic and political justice, as well as to fight income inequality and ensure individual dignity, as mandated by Article 38.
26.
It may be argued that these rights create a positive duty of the rich to provide what they guarantee ( security, a livelihood, etc . ); or, alternatively, it may be argued that the rich are currently violating their negative duty not to impose a global order that systematically violates rights of the poor.
27.
Under the scheme nations would pay a dividend ( tax ) on any resources that they use or sell, resulting in a sort of " tax on consumption " Pogge's scheme is motivated by the positive duty to alleviate poverty, but also on the negative responsibility of the rich not to use institutions that perpetuate economic inequality.
28.
It implies that federal / provincial / territorial anti-discrimination measures place a positive duty on employers, service providers and landlords [ . . . ] to accommodate people's needs for reasons associated with recognized discriminatory grounds . " According to Sandra Fredman, the duty of reasonable accommodation " represents and advance towards substantive equality " for three reasons.
29.
The case could be seen as unusual, because as the Court noted, " This case does not involve the typical situation of government action restricting or interfering with freedom of expression in the negative sense " and that " the respondents are requesting the Court to consider whether there may be a positive duty on governments to facilitate expression in certain circumstances ."
30.
Firstly, " equality is explicitly asymmetric, aiming to redress disadvantage even if this entails different or more favourable treatment . " Secondly, it is focused " on modifying the environment to facilitate the participation of those affected . " Finally, " [ it ] goes beyond other conceptions of equality in that it expressly imposes a positive duty to make changes ."
