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:
“Do not gain basely; base gain is equal to ruin.”
—Hesiod (c. 8th century B.C.)
“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)
“Praise is a more ingenious, concealed, and subtle kind of flattery, that satisfies both the giver and the receiver, though by very different ways. The one accepts it as a reward due to his merit; the other gives it that he may be looked upon as a just and discerning person.”
—François, Duc De La Rochefoucauld (1613–1680)
“The a priori method is distinguished for its comfortable conclusions. It is the nature of the process to adopt whatever belief we are inclined to, and there are certain flatteries to the vanity of man which we all believe by nature, until we are awakened from our pleasing dream by rough facts.”
—Charles Sanders Peirce (1839–1914)