Yes, our progress has been uneven. The work of democracy has always been hard, contentious and sometimes bloody. For every two steps forward, it often feels we take one step back. But the long sweep of America has been defined by forward motion, a constant widening of our founding creed to embrace all, and not just some.
Toxic systems compromise good individuals with ease.
Segregation and poverty have created in the racial ghetto a destructive environment totally unknown to most white Americans. What white Americans have never fully understood—but what the Negro can never forget—is that white society is deeply implicated in the ghetto. White institutions created it, white institutions maintain it, and white society condones it.
But the job of courts in a pluralistic democracy isn't to please their base. It's to work to resolve conflicts, to ratchet them down rather than up. Courts should be reminding us of what we have in common. They should be granting just enough constitutional leverage on each side that we have no choice but to sit across from each other at the table, to look each other in the eye, and to speak to and hear each other. Too often, U.S. courts instead see their job in constitutional cases as declaring who's right. The answer, so often, is neither side -- or both.