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:
“Be it only for a day, it is still a glory without equal to be master of the world just that day.”
—Pierre Corneille (1606–1684)
“The diversity in the faculties of men, from which the rights of property originate, is not less an insuperable obstacle to a uniformity of interests. The protection of these faculties is the first object of government.”
—James Madison (1751–1836)
“The sin of my ingratitude even now
Was heavy on me. Thou art so far before
That swiftest wing of recompense is slow
To overtake thee. Would thou hadst less deserved,
That the proportion both of thanks and payment
Might have been mine! Only I have left to say,
More is thy due than more than all can pay.”
—William Shakespeare (1564–1616)
“The invention of photography provided a radically new picture-making process—a process based not on synthesis but on selection. The difference was a basic one. Paintings were made—constructed from a storehouse of traditional schemes and skills and attitudes—but photographs, as the man on the street put, were taken.”
—Jean Szarkowski (b. 1925)