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 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)
“Without infringing on the liberty we so much boast, might we not ask our professional Mayor to call upon the smokers, have them register their names in each ward, and then appoint certain thoroughfares in the city for their use, that those who feel no need of this envelopment of curling vapor, to insure protection may be relieved from a nuisance as disgusting to the olfactories as it is prejudicial to the lungs.”
—Harriot K. Hunt (1805–1875)
“The greatest horrors in the history of mankind are not due to the ambition of the Napoleons or the vengeance of the Agamemnons, but to the doctrinaire philosophers. The theories of the sentimentalist Rousseau inspired the integrity of the passionless Robespierre. The cold-blooded calculations of Karl Marx led to the judicial and business-like operations of the Cheka.”
—Aleister Crowley (1875–1947)
“At last a vision has been vouchsafed to us of our life as a whole. We see the bad with the good.... With this vision we approach new affairs. Our duty is to cleanse, to reconsider, to restore, to correct the evil without impairing the good, to purify and humanize every process of our common life, without weakening or sentimentalizing it.”
—Woodrow Wilson (1856–1924)