‘Circumstances give in reality to every political principle its distinguishing color and discriminating effect. The circumstances are what render every civil and political scheme beneficial or noxious to mankind.’
If I declare that I am aware that discrimination is likely to happen, then it must follow that I am fully aware that my declaration will be subject to legal challenge. If I act in good faith, carefully instituting a cost/benefit analysis to bolster my decision, it makes no difference, if I am aware that discrimination is likely to happen. The circumstances of the day will always question if my carefully cost benefited analysis will be beneficial or noxious to mankind. Circumstances do not create the zero sum analysis. That rests on the decisions I make, decisions that should be based on a real understanding of the best available data, information that will ensure that I act in good faith, in all things, to ensure that I do not make the wrong decision.
What could be is no more abstract than what might be. If I hold in my hands the ability to threaten with what may be coming, I hold in my hands an equal ability to institute transformative change towards what should be. It makes no sense to govern through zero sum analyses. Anything and everything is possible, if we calculate carefully and start scribbling together on a new page.