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Ongoing mob violence spurs Congress to try to help Black Americans achieve meaningful equality. But in the 1870s, the Supreme Court limits the clause to cover only state action, despite Congress’s intentions. In the 1890s, it allows segregation by state governments. In 1964, it trades anti-subjugation for anti-classification. And in 1967, it creates qualified immunity, and then later expands it to shield almost all conduct by state law enforcement.

Participants: Harry Sandick, Jon Hatch, Kevin Opoku-Gyamfi

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81 episodes