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 only coöperation which is commonly possible is exceedingly partial and superficial; and what little true coöperation there is, is as if it were not, being a harmony inaudible to men. If a man has faith, he will coöperate with equal faith everywhere; if he has not faith, he will continue to live like the rest of the world, whatever company he is joined to.”
—Henry David Thoreau (1817–1862)
“After so many historical illustrations of the evil effects of abandoning the policy of protection for that of a revenue tariff, we are again confronted by the suggestion that the principle of protection shall be eliminated from our tariff legislation. Have we not had enough of such experiments?”
—Benjamin Harrison (1833–1901)
“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)
“You can read the best experts on child care. You can listen to those who have been there. You can take a whole childbirth and child-care course without missing a lesson. But you won’t really know a thing about yourselves and each other as parents, or your baby as a child, until you have her in your arms. That’s the moment when the lifelong process of bringing up a child into the fold of the family begins.”
—Stella Chess (20th century)