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, equal, protection, due and/or process:
“If [government] would confine itself to equal protection, and, as Heaven does its rains, shower its favors alike on the high and the low, the rich and the poor, it would be an unqualified blessing.”
—Andrew Jackson (1767–1845)
“A footman may swear; but he cannot swear like a lord. He can swear as often: but can he swear with equal delicacy, propriety, and judgment?”
—Jonathan Swift (1667–1745)
“A man with convictions finds an answer for everything. Convictions are the best form of protection against the living truth.”
—Max Frisch (1911–1991)
“Rationalists are admirable beings, rationalism is a hideous monster when it claims for itself omnipotence. Attribution of omnipotence to reason is as bad a piece of idolatry as is worship of stock and stone believing it to be God. I plead not for the suppression of reason, but for a due recognition of that in us which sanctifies reason.”
—Mohandas K. Gandhi (1869–1948)
“The process of discovery is very simple. An unwearied and systematic application of known laws to nature causes the unknown to reveal themselves.”
—Henry David Thoreau (1817–1862)