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:
“It is not only their own need to mother that takes some women by surprise; there is also the shock of discovering the complexity of alternative child-care arrangements that have been made to sound so simple. Those for whom the intended solution is equal parenting have found that some parents are more equal than others.”
—Elaine Heffner (20th century)
“The best protection parents can have against the nightmare of a daycare arrangement where someone might hurt their child is to choose a place that encourages parents to drop in at any time and that facilitates communication among parents using the program. If parents are free to drop in and if they exercise this right, it is not likely that adults in that place are behaving in ways that harm children.”
—Gwen Morgan (20th century)
“Like to the Pontic Sea,
Whose icy current and compulsive course
Ne’er knows retiring ebb, but keeps due on
To the Propontic and the Hellespont,
Even so my bloody thoughts with violent pace
Shall ne’er look back, ne’er ebb to humble love,
Till that a capable and wide revenge
Swallow them up.”
—William Shakespeare (1564–1616)
“I believe that history might be, and ought to be, taught in a new fashion so as to make the meaning of it as a process of evolution intelligible to the young.”
—Thomas Henry Huxley (1825–95)