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:
“Just as the queen bee, the highest-ranking, peerless creature of her hive, is surrounded by lowly drones to please her, whereas the workers produce honey, the same way is the one who sits on the throne an equal only to himself, and no one’s companion.”
—Franz Grillparzer (1791–1872)
“Is a Bill of Rights a security for [religious liberty]? If there were but one sect in America, a Bill of Rights would be a small protection for liberty.... Freedom derives from a multiplicity of sects, which pervade America, and which is the best and only security for religious liberty in any society. For where there is such a variety of sects, there cannot be a majority of any one sect to oppress and persecute the rest.”
—James Madison (1751–1836)
“The unpredictability inherent in human affairs is due largely to the fact that the by-products of a human process are more fateful than the product.”
—Eric Hoffer (1902–1983)
“To exist as an advertisement of her husband’s income, or her father’s generosity, has become a second nature to many a woman who must have undergone, one would say, some long and subtle process of degradation before she sunk [sic] so low, or grovelled so serenely.”
—Elizabeth Stuart Phelps (1844–1911)