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:
“These equal syllables alone require,
Though oft the ear the open vowels tire;”
—Alexander Pope (1688–1744)
“Men speak of natural rights, but I challenge any one to show where in nature any rights existed or were recognized until there was established for their declaration and protection a duly promulgated body of corresponding laws.”
—Calvin Coolidge (1872–1933)
“The creation of “strong-minded” women, so-called, is due to the individualism of men, to the modern selfish and speculative spirit which absorbs everything within itself and leaves women nothing but self-assertion for their protection and support.”
—“Jennie June” Croly 1829–1901, U.S. founder of the woman’s club movement, journalist, author, editor. Demorest’s Illustrated Monthly and Mirror of Fashions, p. 44 (February 1870)
“Science and art are only too often a superior kind of dope, possessing this advantage over booze and morphia: that they can be indulged in with a good conscience and with the conviction that, in the process of indulging, one is leading the “higher life.””
—Aldous Huxley (1894–1963)