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:
“A great many will find fault in the resolution that the negro shall be free and equal, because our equal not every human being can be; but free every human being has a right to be. He can only be equal in his rights.”
—Mrs. Chalkstone, U.S. suffragist. As quoted in History of Woman Suffrage, vol. 2, ch. 16, by Elizabeth Cady Stanton, Susan B. Anthony, and Matilda Joslyn Gage (1882)
“Ah! how much a mother learns from her child! The constant protection of a helpless being forces us to so strict an alliance with virtue, that a woman never shows to full advantage except as a mother. Then alone can her character expand in the fulfillment of all life’s duties and the enjoyment of all its pleasures.”
—Honoré De Balzac (1799–1850)
“It is an unscrupulous intellect that does not pay to antiquity its due reverence.”
—Desiderius Erasmus (c. 1466–1536)
“Every modern male has, lying at the bottom of his psyche, a large, primitive being covered with hair down to his feet. Making contact with this Wild Man is the step the Eighties male or the Nineties male has yet to take. That bucketing-out process has yet to begin in our contemporary culture.”
—Robert Bly (b. 1926)