Living Constitution - Equal Protection and Due Process Clauses

Equal Protection and Due Process Clauses

See also: Fifth Amendment to the United States Constitution and Fourteenth Amendment to the United States Constitution

From 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.

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Famous quotes containing the words equal, protection, due and/or process:

    The law is equal before all of us; but we are not all equal before the law. Virtually there is one law for the rich and another for the poor, one law for the cunning and another for the simple, one law for the forceful and another for the feeble, one law for the ignorant and another for the learned, one law for the brave and another for the timid, and within family limits one law for the parent and no law at all for the child.
    George Bernard Shaw (1856–1950)

    Freedom of religion, freedom of the press, and freedom of person under the protection of habeas corpus, and trial by juries impartially selected. These principles form the bright constellation which has gone before us, and guided our steps through an age of revolution and reformation.
    Thomas Jefferson (1743–1826)

    Olivia. There lies your way, due west.
    Viola. Then westward ho!
    William Shakespeare (1564–1616)

    That which endures is not one or another association of living forms, but the process of which the cosmos is the product, and of which these are among the transitory expressions.
    Thomas Henry Huxley (1825–95)