Yet far from putting any meaningful constraints on law enforcement in this war, the U.S. Supreme Court has given the police license to stop and search just about anyone, in any public place, without a shred of evidence of criminal activity, and it has also closed the courthouse doors to claims of racial bias at every stage of the judicial process from stops and searches to plea bargaining and sentencing.

No other country in the world imprisons so many of its racial or ethnic minorities. The United States imprisons a larger percentage of its black population than South Africa did at the height of apartheid

For reasons that have stunningly little to do with crime or crime rates, we, as a nation, have chosen to lock up more than two million people behind bars. Millions more are on probation or parole, or branded felons for life and thus locked into a permanent second-class status.

For African American children, in particular, the odds are extremely high that they will have a parent or loved one, a relative, who has either spent time behind bars or who has acquired a criminal record and thus is part of the under-caste - the group of people who can be legally discriminated against for the rest of their lives. For many African American children, their fathers, and increasingly their mothers, are behind bars. It is very difficult for them to visit. Many people are held hundreds or even thousands of miles away from home.

I do believe that something akin to a racial caste system is alive and well in America.

What defenders of the system typically fail to acknowledge is that the reason violent offenders comprise a fairly large percentage of the state prison population is because they typically receive longer sentences than non-violent offenders.

Yet far from putting any meaningful constraints on law enforcement in this war, the U.S. Supreme Court has given the police license to stop and search just about anyone, in any public place, without a shred of evidence of criminal activity, and it has also closed the courthouse doors to claims of racial bias at every stage of the judicial process from stops and searches to plea bargaining and sentencing.