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Trump v. Barbara · ¶459

The 39th Congress debated the CRA from January to March 1866, when it was passed and sent to President Johnson for his signature. Congress debated the Fourteenth Amendment from April to June 1866, when it was adopted and sent on to the States. Thus, during a 6month period, the same Congress debated two provisions that addressed the very same question and adopted them both. Those circumstances in themselves make it highly unlikely that the two provisions differed in substance.
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slip opinion, revised 7/01/26
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