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:
“Three foolish cobblers with their wits combined equal Zhuge Liang, the master mind.”
—Chinese proverb.
“Without infringing on the liberty we so much boast, might we not ask our professional Mayor to call upon the smokers, have them register their names in each ward, and then appoint certain thoroughfares in the city for their use, that those who feel no need of this envelopment of curling vapor, to insure protection may be relieved from a nuisance as disgusting to the olfactories as it is prejudicial to the lungs.”
—Harriot K. Hunt (1805–1875)
“Westerners inherit
A design for living
Deeper into matter—
Not without due patter
Of a great misgiving.”
—Robert Frost (1874–1963)
“When you start with a portrait and search for a pure form, a clear volume, through successive eliminations, you arrive inevitably at the egg. Likewise, starting with the egg and following the same process in reverse, one finishes with the portrait.”
—Pablo Picasso (1881–1973)