| If you look at the victories and failures of the civil rights movement and its litigation strategy in the court. I think where it succeeded was to invest formal rights in previously dispossessed people, so that now I would have the right to vote. I would now be able to sit at the lunch counter and order as long as I could pay for it I’d be o.k. But, the Supreme Court never ventured into the issues of redistribution of wealth, and of more basic issues such as political and economic justice in society. To that extent, as radical as I think people try to characterize the Warren Court, it wasn’t that radical. It didn’t break free from the essential constraints that were placed by the founding fathers in the Constitution, at least as its been interpreted and Warren Court interpreted in the same way, that generally the Constitution is a charter of negative liberties. Says what the states can’t do to you. Says what the Federal government can’t do to you, but doesn’t say what the Federal government or State government must do on your behalf, and that hasn’t shifted and one of the, I think, tragedies of the civil rights movement was, um, because the civil rights movement became so court focused I think there was a tendency to lose track of the political and community organizing and activities on the ground that are able to put together the actual coalition of powers through which you bring about redistributive change. In some ways we still suffer from that. I’m not optimistic about bringing about major redistributive change through the courts. You know, the institution just isn’t structured that way. |
Obama is merely stating that the courts are a poor choice to bring about the radical change he wants. This was true then and will hopefully remain so in the future.
I think there was a tendency to lose track of the political and community organizing and activities on the ground that are able to put together the actual coalition of powers through which you bring about redistributive change.
Obama and his ilk have every right to have this as their goal and to organize away to get there. As long as they do it within the Constitution, which would have to be amended to reach their goal.
The Constitution was designed to be amended. Conservatives should never object to the tactics of anyone proposing an amendment, as this is exactly how the Founders intended us to make radical changes, though we might very well object to their goal and oppose it.