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)
“... actresses require protection in their art from blind abuse, from savage criticism. Their work is their religion, if they are seeking the best in their art, and to abuse that faith is to rob them, to dishonor them.”
—Nance O’Neil (1874–1965)
“It is due to justice; due to humanity; due to truth; to the sympathies of our nature; in fine, to our character as a people, both abroad and at home, that they should be considered, as much as possible, in the light of human beings, and not as mere property.”
—James Madison (1751–1836)
“... geometry became a symbol for human relations, except that it was better, because in geometry things never go bad. If certain things occur, if certain lines meet, an angle is born. You cannot fail. It’s not going to fail; it is eternal. I found in rules of mathematics a peace and a trust that I could not place in human beings. This sublimation was total and remained total. Thus, I’m able to avoid or manipulate or process pain.”
—Louise Bourgeois (b. 1911)