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.
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Famous quotes containing the words equal, protection, due and/or process:
“The planter, the farmer, the mechanic, and the laborer ... form the great body of the people of the United States, they are the bone and sinew of the country—men who love liberty and desire nothing but equal rights and equal laws.”
—Andrew Jackson (1767–1845)
“The protection of a ten-year-old girl from her father’s advances is a necessary condition of social order, but the protection of the father from temptation is a necessary condition of his continued social adjustment. The protections that are built up in the child against desire for the parent become the essential counterpart to the attitudes in the parent that protect the child.”
—Margaret Mead (1901–1978)
“I’m glad to find that you dislike Venice because I thought it detestable when we were there, both times—once it might be due to insanity but not twice, so I thought it must be my fault. I suppose the obscurer reaches might be beautiful.”
—Virginia Woolf (1882–1941)
“The moralist and the revolutionary are constantly undermining one another. Marx exploded a hundred tons of dynamite beneath the moralist position, and we are still living in the echo of that tremendous crash. But already, somewhere or other, the sappers are at work and fresh dynamite is being tamped in place to blow Marx at the moon. Then Marx, or somebody like him, will come back with yet more dynamite, and so the process continues, to an end we cannot foresee.”
—George Orwell (1903–1950)