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:
“Action and reaction are equal and opposite.”
—Gertrude Stein (1874–1946)
“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 people of the United States have been fortunate in many things. One of the things in which we have been most fortunate has been that so far, due perhaps to certain basic virtues in our traditional ways of doing things, we have managed to keep the crisis of western civilization, which has devastated the rest of the world and in which we are as much involved as anybody, more or less at arm’s length.”
—John Dos Passos (1896–1970)
“If thinking is like perceiving, it must be either a process in which the soul is acted upon by what is capable of being thought, or a process different from but analogous to that. The thinking part of the soul must therefore be, while impassable, capable of receiving the form of an object; that is, must be potentially identical in character with its object without being the object. Mind must be related to what is thinkable, as sense is to what is sensible.”
—Aristotle (384–322 B.C.)