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:
“Your children don’t have equal talents now and they won’t have equal opportunities later in life. You may be able to divide resources equally in childhood, but your best efforts won’t succeed in shielding them from personal or physical crises. . . . Your heart will be broken a thousand times if you really expect to equalize your children’s happiness by striving to love them equally.”
—Marianne E. Neifert (20th century)
“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)
“The honor my country shall never be stained by an apology from me for the statement of truth and the performance of duty; nor can I give any explanation of my official acts except such as is due to integrity and justice and consistent with the principles on which our institutions have been framed.”
—Andrew Jackson (1767–1845)
“A designer who is not also a couturier, who hasn’t learned the most refined mysteries of physically creating his models, is like a sculptor who gives his drawings to another man, an artisan, to accomplish. For him the truncated process of creating will always be an interrupted act of love, and his style will bear the shame of it, the impoverishment.”
—Yves Saint Laurent (b. 1936)