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:
“The planter, the farmer, the mechanic, and the laborer ... form the great body of the people of the United States, they are the bone and sinew of the countrymen who love liberty and desire nothing but equal rights and equal laws.”
—Andrew Jackson (17671845)
“Guns have metamorphosed into cameras in this earnest comedy, the ecology safari, because nature has ceased to be what it always had beenwhat people needed protection from. Now nature tamed, endangered, mortalneeds to be protected from people.”
—Susan Sontag (b. 1933)
“Olivia. There lies your way, due west.
Viola. Then westward ho!”
—William Shakespeare (15641616)
“At the heart of the educational process lies the child. No advances in policy, no acquisition of new equipment have their desired effect unless they are in harmony with the child, unless they are fundamentally acceptable to him.”
—Central Advisory Council for Education. Children and Their Primary Schools (Plowden Report)