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:
“One who shows signs of mental aberration is, inevitably, perhaps, but cruelly, shut off from familiar, thoughtless intercourse, partly excommunicated; his isolation is unwittingly proclaimed to him on every countenance by curiosity, indifference, aversion, or pity, and in so far as he is human enough to need free and equal communication and feel the lack of it, he suffers pain and loss of a kind and degree which others can only faintly imagine, and for the most part ignore.”
—Charles Horton Cooley (1864–1929)
“We’re for statehood. We want statehood because statehood means the protection of our farms and our fences; and it means schools for our children; and it means progress for the future.”
—Willis Goldbeck (1900–1979)
“The past is interesting not only for the beauty which the artists for whom it was the present were able to extract from it, but also as past, for its historical value. The same goes for the present. The pleasure which we derive from the representation of the present is due not only to the beauty in which it may be clothed, but also from its essential quality of being present.”
—Charles Baudelaire (1821–1867)
“Yet I doubt not through the ages one increasing purpose runs,
And the thoughts of men are widened with the process of the suns.”
—Alfred Tennyson (1809–1892)