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:
“Most governments have been based, practically, on the denial of equal rights of men ... ours began, by affirming those rights. They said, some men are too ignorant, and vicious, to share in government. Possibly so, said we; and, by your system, you would always keep them ignorant, and vicious. We proposed to give all a chance; and we expected the weak to grow stronger, the ignorant wiser; and all better, and happier together.”
—Abraham Lincoln (1809–1865)
“A man with convictions finds an answer for everything. Convictions are the best form of protection against the living truth.”
—Max Frisch (1911–1991)
“... many of the things which we deplore, the prevalence of tuberculosis, the mounting record of crime in certain sections of the country, are not due just to lack of education and to physical differences, but are due in great part to the basic fact of segregation which we have set up in this country and which warps and twists the lives not only of our Negro population, but sometimes of foreign born or even of religious groups.”
—Eleanor Roosevelt (1884–1962)
“Like a prophet, you are possibly teaching us about the workings of the divine mind, but in the process you are ruining the human mind, dear friend.”
—Franz Grillparzer (1791–1872)