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.
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Famous quotes containing the words equal, protection, due and/or process:
“The doctrine of equality!... But there exists no more poisonous poison: for it seems to be preached by justice itself, while it is the end of justice.... “Equality for equals, inequality for unequals”Mthat would be the true voice of justice: and, what follows from it, “Never make equal what is unequal.””
—Friedrich Nietzsche (1844–1900)
“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)
“For my part, I have no hesitation in saying that although the American woman never leaves her domestic sphere and is in some respects very dependent within it, nowhere does she enjoy a higher station . . . if anyone asks me what I think the chief cause of the extraordinary prosperity and growing power of this nation, I should answer that it is due to the superiority of their woman.”
—Alexis de Tocqueville (1805–1859)
“There was only one catch and that was Catch-22, which specified that a concern for one’s own safety in the face of dangers that were real and immediate was the process of a rational mind.... Orr would be crazy to fly more missions and sane if he didn’t, but if he was sane he had to fly them. If he flew them he was crazy and didn’t have to; but if he didn’t want to he was sane and had to.”
—Joseph Heller (b. 1923)