jefferson. and if we're all born equal, and congress has power to enforce this, harlan says, congress should be able to prohibit race discrimination in public accommodations. hotels, theaters, all the rest. harlan says let's read congressional power broadly in john marshall and mccullough, reading an amendment languageally borrowed from mccullough. the word appropriate. what does the majority say in response? gee, a public accommodation, these are owned by private hotels, theaters, inns. railroads. they're not the government. no stall shall. and congress doesn't have broad to regulate a nonstate actor. but remember, harlan says, ooh, the 14th amendment says everyone is born a citizen. that sentence doesn't say, no state shall. john marshall told us to construe federal power broadly. court, 8-1, rejects that. lifetime, why, in my in the lifetime of some of you, congress in effect needed to re-pass sumner's bill that civil rights act of 1875 basically civil rights act of 1964. through,son helps push in honor of martin king and the martyr, john kennedy. and this time, the supreme court 1960's.it in the described so well how the citizen clause doesn't have requiremen