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)
“Whatever a person may pray for, that person prays for a miracle. Every prayer comes down to this: Almighty God, grant that two times two not equal four.”
—Ivan Sergeevich Turgenev (1818–1883)
“We’re for statehood. We want statehood because statehood means the protection of our farms and our fences; and it means schools for our children; and it means progress for the future.”
—Willis Goldbeck (1900–1979)
“The resistance we make to our passions is due to their weakness, not our strength.”
—François, Duc De La Rochefoucauld (1613–1680)
“The process of education in the oldest profession in the world is like any other educational process, in that it requires time and effort and patience; it can only be acquired by taking one step at a time, though the steps become accelerated after the first few.”
—Madeleine [Blair], U.S. prostitute and “madam.” Madeleine, ch. 4 (1919)