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:
“Both equal hurt, in this change sought our bliss:
My true love hath my heart and I have his.”
—Sir Philip Sidney (1554–1586)
“Is a Bill of Rights a security for [religious liberty]? If there were but one sect in America, a Bill of Rights would be a small protection for liberty.... Freedom derives from a multiplicity of sects, which pervade America, and which is the best and only security for religious liberty in any society. For where there is such a variety of sects, there cannot be a majority of any one sect to oppress and persecute the rest.”
—James Madison (1751–1836)
“I wish to speak with all respect of persons, but sometimes I must pinch myself to keep awake, and preserve the due decorum. They melt so fast into each other, that they are like grass and trees, and it needs an effort to treat them as individuals.”
—Ralph Waldo Emerson (1803–1882)
“Any balance we achieve between adult and parental identities, between children’s and our own needs, works only for a time—because, as one father says, “It’s a new ball game just about every week.” So we are always in the process of learning to be parents.”
—Joan Sheingold Ditzion, Dennie, and Palmer Wolf. Ourselves and Our Children, by Boston Women’s Health Book Collective, ch. 2 (1978)