Equal Protection and Due Process Clauses
See also: Fifth Amendment to the United States Constitution and Fourteenth Amendment to the United States ConstitutionFrom its inception, one of the most controversial aspects of the living Constitutional framework has been its association with broad interpretations of the equal protection and due process clauses of the 5th and 14th Amendments.
Proponents of the Living Constitution suggest that a dynamic view of civil liberties is vital to the continuing effectiveness of our Constitutional scheme. Not only is it currently seen as unacceptable to suggest that minorities or women are not entitled to liberty or equal protection as they were not at the time of the Constitutional ratification, but neither do advocates of the living Constitution believe that the framers intended, or certainly demanded, that their 18th century practices be regarded as the permanent standard for these ideals.
Living Constitutionalists suggest that broad ideals such as "liberty" and "equal protection" were included in the Constitution precisely because they are timeless, due to their inherently dynamic nature. Liberty in 1791, it is argued, was never thought to be the same as liberty in 1591 or 1991, but rather was seen as a principle transcending the recognized rights of that day and age. Giving them a fixed and static meaning in the name of "originalism," thus, is said to violate the very theory it purports to uphold.
Read more about this topic: Living Constitution
Famous quotes containing the words equal, protection, due and/or process:
“Every morning was a cheerful invitation to make my life of equal simplicity, and I may say innocence, with Nature herself.”
—Henry David Thoreau (1817–1862)
“What is marriage, is marriage protection or religion, is marriage renunciation or abundance, is marriage a stepping-stone or an end. What is marriage.”
—Gertrude Stein (1874–1946)
“What is the disease which manifests itself in an inability to leave a party—any party at all—until it is all over and the lights are being put out?... I suppose that part of this mania for staying is due to a fear that, if I go, something good will happen and I’ll miss it. Somebody might do card tricks, or shoot somebody else.”
—Robert Benchley (1889–1945)
“We tend to be so bombarded with information, and we move so quickly, that there’s a tendency to treat everything on the surface level and process things quickly. This is antithetical to the kind of openness and perception you have to have to be receptive to poetry. ... poetry seems to exist in a parallel universe outside daily life in America.”
—Rita Dove (b. 1952)