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Old Oct 27, 2008, 01:08 AM
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Alarm Bells Continuing!
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Joined Oct 2001
277 Posts
This should be a big story, if the MSM even reports it. Yes, let's elect an barely known person to be President just because we don't like the current President and his party. Fun times will be had by all.
MODERATOR: Good morning and welcome to Odyssey on WBEZ Chicago 91.5 FM and weíre joined by Barack Obama who is Illinois State Senator from the 13th district and senior lecturer in the law school at the University of Chicago.

OBAMA: 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 Iíd 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 wasnít that radical. It didnít break free from the essential constraints that were placed by the founding fathers in the Constitution, at least as itís 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 canít do to you, it says what the federal government canít do to you, but it doesnít say what the federal government or the state government must do on your behalf. And that hasnít 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.

MODERATOR: Letís talk with Karen. Good morning, Karen, youíre on Chicago Public Radio.

KAREN: Hi. The gentleman made the point that the Warren court wasnít terribly radical with economic changes. My question is, is it too late for that kind of reparative work economically and is that that the appropriate place for reparative economic work to take place Ė the court Ė or would it be legislation at this point?

OBAMA: Maybe Iím showing my bias here as a legislator as well as a law professor, but Iím not optimistic about bringing about major redistributive change through the courts. The institution just isnít structured that way.

You just look at very rare examples during the desegregation era the court was willing to for example order changes that cost money to a local school district. The court was very uncomfortable with it. It was very hard to manage, it was hard to figure out. You start getting into all sorts of separation of powers issues in terms of the court monitoring or engaging in a process that essentially is administrative and takes a lot of time.

The courtís just not very good at it and politically itís very hard to legitimize opinions from the court in that regard. So I think that although you can craft theoretical justifications for it legally. Any three of us sitting here could come up with a rational for bringing about economic change through the courts.

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Last edited by Big Foot 48; Oct 27, 2008 at 01:21 AM.
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