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:
“These last worked only one hour, and you have made them equal to us who have borne the burden of the day and the scorching heat.”
—Bible: New Testament, Matthew 20:12.
“We all cry out that the world is corrupt,—and I fear too justly,—but we never reflect, what we have to thank for it, and that it is our open countenance of vice, which gives the lye to our private censures of it, which is its chief protection and encouragement.”
—Laurence Sterne (1713–1768)
“The sun was like a great visiting presence that stimulated and took its due from all animal energy. When it flung wide its cloak and stepped down over the edge of the fields at evening, it left behind it a spent and exhausted world.”
—Willa Cather (1873–1947)
“The toddler’s wish to please ... is a powerful aid in helping the child to develop a social awareness and, eventually, a moral conscience. The child’s love for the parent is so strong that it causes him to change his behavior: to refrain from hitting and biting, to share toys with a peer, to become toilet trained. This wish for approval is the parent’s most reliable ally in the process of socializing the child.”
—Alicia F. Lieberman (20th century)