This conversation was recorded ahead of the Supreme Court's expected decision on affirmative action. As of publishing, no decision has been issued.

The Supreme Court is expected to rule on affirmative action sometime this month. Most of us understand that some colleges use race as a factor in college admissions. But journalist Jay Caspian Kang argues that this focus is too narrow, and that it avoids harder conversations we need to have as a culture. In his view, focusing on the admissions practices of a select few universities creates "a fight for spots in the elite ranks of society" — and blinds us to the bigger problems plaguing American democracy. On today's episode, we talk with Kang about affirmative action's origins in the civil rights era, what it does and doesn't achieve, and what a more equitable education system could look like.

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Affirmative Action

The past is never past. Every headline has a history. Join us every week as we go back in time to understand the present. These are stories you can feel and sounds you can see from the moments that shaped our world.

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The Fourth Amendment is the part of the Bill of Rights that prohibits "unreasonable searches and seizures." But — what's unreasonable? That question has fueled a century's worth of court rulings that have dramatically expanded the power of individual police officers in the U.S. Today on the show, how an amendment that was supposed to limit government power has ended up enabling it.

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The 4th Amendment: Search and Seizure

It's hot. A mother works outside, a baby strapped to her back. The two of them breathe in toxic dust, day after day. And they're just two of thousands, cramped so close together it's hard to move, all facing down the mountain of cobalt stone.Cobalt mining is one of the world's most dangerous jobs. And it's also one of the most essential: cobalt is what powers the batteries in your smartphone, your laptop, the electric car you felt good about buying. More than three-quarters of the world's cobalt supply lies in the Democratic Republic of Congo, whose abundant resources have drawn greed and grifters for centuries. Today on the show: the fight for control of those resources, and for the dignity of the people who produce them.

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The Ghost in Your Phone (Throwback)

Whether it's pesticides in your cereal or the door plug flying off your airplane, consumers today have plenty of reasons to feel like corporations might not have their best interests at heart. At a moment where we're seeing unprecedented product recalls, and when trust in the government is near historic lows, we're going to revisit a time when a generation of people felt empowered to demand accountability from both companies and elected leaders — and got results. Today on the show, the story of the U.S. consumer movement and its controversial leader: the once famous, now infamous Ralph Nader.

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Ralph Nader, Consumer Crusader

Of all the amendments to the U.S. Constitution, the 14th is a big one. It's shaped all of our lives, whether we realize it or not: Roe v. Wade, Brown v. Board of Education, Bush v. Gore, plus other Supreme Court cases that legalized same-sex marriage, interracial marriage, access to birth control — they've all been built on the back of the 14th. 

The amendment was ratified after the Civil War, and it's packed full of lofty phrases like due process, equal protection, and liberty. But what do those words really guarantee us?

Today on the show: how the 14th Amendment has remade America – and how America has remade the 14th.

Clarification: A previous version of this episode did not make clear that the 14th amendment guarantees equal protection and due process to all people in the United States, regardless of citizenship.

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The 14th Amendment

Tipping is a norm in the United States—and it's always been controversial. The practice took off after the Civil War, as employers sought cheap labor from formerly enslaved people: if tips were expected, companies could get away with paying laughably low wages. But the practice was always controversial, and has been vehemently challenged since it first came to the U.S. from Europe. We speak with Nina Martyris, a journalist who's written about the history of tipping in the United States, to find out how tipping—once deemed a "cancer in the breast of democracy"— went from being considered wholly un-American to becoming a deeply American custom.

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Affirmative Action

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