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:
“I repeat, sir, that in whatever position you place a woman she is an ornament to society and a treasure to the world. As a sweetheart, she has few equals and no superiors; as a cousin, she is convenient; as a wealthy grandmother with an incurable distemper, she is precious; as a wet-nurse, she has no equal among men. What, sir, would the people of the earth be without woman? They would be scarce, sir, almighty scarce.”
—Mark Twain [Samuel Langhorne Clemens] (1835–1910)
“We cannot spare our children the influence of harmful values by turning off the television any more than we can keep them home forever or revamp the world before they get there. Merely keeping them in the dark is no protection and, in fact, can make them vulnerable and immature.”
—Polly Berrien Berends (20th century)
“I wish to speak with all respect of persons, but sometimes I must pinch myself to keep awake, and preserve the due decorum. They melt so fast into each other, that they are like grass and trees, and it needs an effort to treat them as individuals.”
—Ralph Waldo Emerson (1803–1882)
“... geometry became a symbol for human relations, except that it was better, because in geometry things never go bad. If certain things occur, if certain lines meet, an angle is born. You cannot fail. It’s not going to fail; it is eternal. I found in rules of mathematics a peace and a trust that I could not place in human beings. This sublimation was total and remained total. Thus, I’m able to avoid or manipulate or process pain.”
—Louise Bourgeois (b. 1911)