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 root of the discontent in American women is that they are too well educated.... There will be no real content among American women unless they are made and kept more ignorant or unless they are given equal opportunity with men to use what they have been taught. And American men will not be really happy until their women are.”
—Pearl S. Buck (1892–1973)
“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)
“The sin of my ingratitude even now
Was heavy on me. Thou art so far before
That swiftest wing of recompense is slow
To overtake thee. Would thou hadst less deserved,
That the proportion both of thanks and payment
Might have been mine! Only I have left to say,
More is thy due than more than all can pay.”
—William Shakespeare (1564–1616)
“Rules and particular inferences alike are justified by being brought into agreement with each other. A rule is amended if it yields an inference we are unwilling to accept; an inference is rejected if it violates a rule we are unwilling to amend. The process of justification is the delicate one of making mutual adjustments between rules and accepted inferences; and in the agreement achieved lies the only justification needed for either.”
—Nelson Goodman (b. 1906)