Why have most of the advances in civil rights come through the federal courts and not through our legislatures?

The courts
are responsible for determining whether or not a law is constitutional. Courts look at legal
precedents to determine this as well as their own reading of the Constitution. Justices
determine if the law violates the spirit of the Constitution which is supposed to give everyone
equal protection under the law. The justices can determine the laws as they deem best because
they are not accountable to any political group. Since they do not have to run for re-election,
they can determine constitutionality as they see fit.

Legislators, on the
other hand, are responsible to their voter base. Someone with progressive racial views may have
difficulty getting civil rights legislation passed if his/her constituents do not want it.
Legislators also use compromise to get bills passed. If someone does not receive a benefit for
their district, a legislator may find another bill to champion even though civil rights
legislation would be the best bill to pass. The legislatures are larger...