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 vest
formal rights in previously dispossessed peoples. So that I would now have
the right to vote, I would now be able to sit at the lunch counter and order
and as long as I could pay for it I’d be okay.But the Supreme Court never ventured into the issues of redistribution of wealth and sort of more basic issues of political and economic justice in this society.
And to that extent as radical as people tried 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 it’s been interpreted, and the Warren court interpreted it in the same way that generally the Constitution is a charter of negative liberties. It says what the states can’t do to you, it says what the federal government can’t do to you, but it doesn’t say
what the federal government or the state government must do on your behalf. And that hasn’t shifted. One of the I think tragedies of the civil rights movement was because the civil rights movement became so court focused, I think that 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 coalitions of power
through which you bring about redistributed change and in some ways we still
suffer from that.
"The Constitution is a charter of negative liberties"? And the electorate is going to empower this guy to appoint 2-3 Supreme Court justices? No, he's not a nanny-state Socialist.
God help us.




