Living Constitution - Equal Protection and Due Process Clauses

Equal Protection and Due Process Clauses

See also: Fifth Amendment to the United States Constitution and Fourteenth Amendment to the United States Constitution

From 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 universe has no prince or king that it [Rome] would consider equal to its humblest citizen.
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    After so many historical illustrations of the evil effects of abandoning the policy of protection for that of a revenue tariff, we are again confronted by the suggestion that the principle of protection shall be eliminated from our tariff legislation. Have we not had enough of such experiments?
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    Whatever, in fact, is modern in our life we owe to the Greeks. Whatever is an anachronism is due to mediaevalism.
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    A process in the weather of the world
    Turns ghost to ghost; each mothered child
    Sits in their double shade.
    A process blows the moon into the sun,
    Pulls down the shabby curtains of the skin;
    And the heart gives up its dead.
    Dylan Thomas (1914–1953)