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:
“I swear ... to hold my teacher in this art equal to my own parents; to make him partner in my livelihood; when he is in need of money to share mine with him; to consider his family as my own brothers and to teach them this art, if they want to learn it, without fee or indenture.”
—Hippocrates (c. 460–c. 370 B.C.)
“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)
“I wish to speak with all respect of persons, but sometimes I must pinch myself to keep awake, and preserve the due decorum. They melt so fast into each other, that they are like grass and trees, and it needs an effort to treat them as individuals.”
—Ralph Waldo Emerson (1803–1882)
“I’m not suggesting that all men are beautiful, vulnerable boys, but we all started out that way. What happened to us? How did we become monsters of feminist nightmares? The answer, of course, is that we underwent a careful and deliberate process of gender training, sometimes brutal, always dehumanizing, cutting away large chunks of ourselves. Little girls went through something similarly crippling. If the gender training was successful, we each ended up being half a person.”
—Frank Pittman (20th century)