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 have acquired equal place to man in society, but the double standard has really never been relinquished; certainly not by men. Modern man’s fear of passivity or of the active woman proves to be as eternal as modern woman’s struggle to come to terms with her femininity.”
—Peter Blos (20th century)
“We’re for statehood. We want statehood because statehood means the protection of our farms and our fences; and it means schools for our children; and it means progress for the future.”
—Willis Goldbeck (1900–1979)
“It is the characteristic of great poems that they will yield of their sense in due proportion to the hasty and the deliberate reader. To the practical they will be common sense, and to the wise wisdom; as either the traveler may wet his lips, or an army may fill its water-casks at a full stream.”
—Henry David Thoreau (1817–1862)
“... 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)