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:
“Women are to be lifted up to a physical equality with man by placing upon their shoulders equal burdens of labor, equal responsibilities of state-craft; they are to be brought down from their altruistic heights by being released from all obligations of purity, loyalty, self-sacrifice, and made free of the world of passion and self-indulgence, after the model set them by men of low and materialistic ideals.”
—Caroline Fairfield Corbin (b. c. 1835–?)
“We all cry out that the world is corrupt,—and I fear too justly,—but we never reflect, what we have to thank for it, and that it is our open countenance of vice, which gives the lye to our private censures of it, which is its chief protection and encouragement.”
—Laurence Sterne (1713–1768)
“Everything is good in due measure and strong sensations know not measure.”
—Anton Pavlovich Chekhov (1860–1904)
“That which endures is not one or another association of living forms, but the process of which the cosmos is the product, and of which these are among the transitory expressions.”
—Thomas Henry Huxley (1825–95)