Affirmative Action and the 14th Amendment
Live at the National Constitution Center
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Is Subordination an Abbreviation of Privileges or Immunities of Citizenship?
Alon: In your book, in discussing Brown, you say that the case for desegregation is simpler under the original meaning of the privileges or immunities clause than Brown suggested. And if the purpose of the segregation laws was, as everyone knows, the perpetual subordination of one class of citizens, then denying the same rights to this privilege is an abridgment of the privileges and immunities of citizenship. Alon: I'd love you to really tell us, it's obvious that subordination violates or abridges privileges or Immunities. But what is your argument for why racial classifications that are not intended to stigmatize or degrade or subordinate are also an abridgement of privileges
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