Our Founding Fathers thought that citizens of the United States would have to be forever vigilant to keep privilege from creeping back into law and to maintain the separation of powers that restricts lawmaking to Congress alone. For the past half-century, Americans have not been vigilant in protecting these achievements. Ever since the 1954 Supreme Court desegregation decision, judges, not legislators, have been the arbitors of social policy. Despite the strict prohibition of racial quotas by the 1964 Civil Rights Act, bureaucrats and judges have succeeded in institutionalizing quotas throughout society. Accountable law is slowly disappearing.
Judges legislate from the judicial bench and even usurp the legislative power over the purse.
Unelected executive branch and independent agency bureaucrats make most of the rules under which we live. Bureaucrats have been given wide discretion by the judiciary to define the meaning of legislative statutes. The advocates of racial quotas asked our forbearance for the illegal and unconstitutional policy as a temporary expedient to accelerate the integration of blacks into society. People born to preferment see it as a birthright and do not willingly give it up. Preferment has become habitual.