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Affirmative Action and the 14th Amendment
Live at the National Constitution Center
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. If public education is a privilege of citizenship, and you can see that that's not obvious as a matter of original understanding? 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 abridgment of privileges or immunity under the original understanding?
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