Abstract

Constitutional lawyers debating the original meaning of the Equal Protection Clause routinely note that the spectators' galleries in Congress were segregated by race when the Fourteenth Amendment was being debated. But the galleries were probably not segregated--or at least, not in the way that is usually imagined. The idea of the segregated galleries seems to rest on a misreading of a single statement in the Congressional Globe. Attention to a broader swath of historical evidence suggests a considerably more complex state of affairs.

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