The debate continues over the value of racial diversity and the role of affirmative action across a wide range of government programs, from admissions to public schools and colleges to government contracting. The Supreme Court has curtailed but has not definitively resolved in all contexts the constitutionally acceptable uses of racial diversity. The push for federal hate crimes legislation is another example of the complexity of the demand for racial justice in society. Legislation that passed the U.S. Senate last summer would strengthen the hand of federal prosecutors in pursuing bias-motivated crimes. The proposed law was subsequently dropped from an appropriations bill by a joint House-Senate committee, but it continues to be a focus of active debate.
Sponsors see the proposed law as integral to ensuring equal rights for all.
The challenges of the criminal justice system pose many important issues for the Bill of Rights in the years ahead. Controversy will certainly continue over the death penalty, and whether it is being applied fairly, whether the system is infected with racial bias, and the question of streamlining the number and duration of appeals. Prosecutorial discretion and potential abuse of authority are also subjects that will continue to receive scrutiny. These subjects are a major focus as plea bargaining increases in frequency and importance in the resolution of criminal cases, both in the state and federal systems. One of the most active sources of constitutional debate is the tension between the First Amendment's guarantee of religious freedom and other rights.