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.
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Famous quotes containing the words equal, protection, due and/or process:
“What satire on government can equal the severity of censure conveyed in the word politic, which now for the ages has signified cunning, intimating that the state is a trick?”
—Ralph Waldo Emerson (1803–1882)
“No: until I want the protection of Massachusetts to be extended to me in some distant Southern port, where my liberty is endangered, or until I am bent solely on building up an estate at home by peaceful enterprise, I can afford to refuse allegiance to Massachusetts, and her right to my property and life. It costs me less in every sense to incur the penalty of disobedience to the State than it would to obey. I should feel as if I were worth less in that case.”
—Henry David Thoreau (1817–1862)
“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)
“Interior design is a travesty of the architectural process and a frightening condemnation of the credulity, helplessness and gullibility of the most formidable consumers—the rich.”
—Stephen Bayley (b. 1951)