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, equal, protection, due and/or process:
“If [government] would confine itself to equal protection, and, as Heaven does its rains, shower its favors alike on the high and the low, the rich and the poor, it would be an unqualified blessing.”
—Andrew Jackson (1767–1845)
“The doctrine of equality!... But there exists no more poisonous poison: for it seems to be preached by justice itself, while it is the end of justice.... “Equality for equals, inequality for unequals”Mthat would be the true voice of justice: and, what follows from it, “Never make equal what is unequal.””
—Friedrich Nietzsche (1844–1900)
“Without infringing on the liberty we so much boast, might we not ask our professional Mayor to call upon the smokers, have them register their names in each ward, and then appoint certain thoroughfares in the city for their use, that those who feel no need of this envelopment of curling vapor, to insure protection may be relieved from a nuisance as disgusting to the olfactories as it is prejudicial to the lungs.”
—Harriot K. Hunt (1805–1875)
“Rationalists are admirable beings, rationalism is a hideous monster when it claims for itself omnipotence. Attribution of omnipotence to reason is as bad a piece of idolatry as is worship of stock and stone believing it to be God. I plead not for the suppression of reason, but for a due recognition of that in us which sanctifies reason.”
—Mohandas K. Gandhi (1869–1948)
“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)