Affirmative Action and the 14th Amendment
Live at the National Constitution Center
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What Are the Privileges and Immunities of Citizens of the United States?
The 14th Amendment guarantees equal rights in the privileges or immunities clause. It says no state shall make or enforce any law, which shall abridge the privileges and immunities of U.S. citizens. The question then becomes, what is in abridgment of the right? So we know the black codes that said the newly freed people couldn't own property. They couldn't own guns. These were abridgments because race has nothing to do with contract rights,. Contract rights weren't being enforced. Affirmative action seems different. Because we're not talking about sure all people shall have the opportunity to go to public schools if they want. All individuals shall have the right to contract
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