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:
“The criminal is quite frequently not equal to his deed: he belittles and slanders it.”
—Friedrich Nietzsche (1844–1900)
“Take away from the courts, if it could be taken away, the power to issue injunctions in labor disputes, and it would create a privileged class among the laborers and save the lawless among their number from a most needful remedy available to all men for the protection of their business interests against unlawful invasion.... The secondary boycott is an instrument of tyranny, and ought not to be made legitimate.”
—William Howard Taft (1857–1930)
“From his childhood onwards this boy will be surrounded by sycophants and flatterers.... In due course, following the precedent which has already been set, he will be sent on a tour of the world and probably rumours of a morganatic marriage alliance will follow, and the end of it will be the country will be called upon to pay the bill.”
—James Keir Hardie (1856–1915)
“I’m not suggesting that all men are beautiful, vulnerable boys, but we all started out that way. What happened to us? How did we become monsters of feminist nightmares? The answer, of course, is that we underwent a careful and deliberate process of gender training, sometimes brutal, always dehumanizing, cutting away large chunks of ourselves. Little girls went through something similarly crippling. If the gender training was successful, we each ended up being half a person.”
—Frank Pittman (20th century)