katzenbach v mcclung

katzenbach v mcclung - commerce, comply with Congress power...

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Will Boas Katzenbach v. McClung Ollie’s Barbeque, a locally owned restaurant located in Birmingham, Alabama, refused to serve blacks even after the Civil Rights Act of 1964 was passed. The restaurant received a majority of its food supply from interstate commerce, thus by the Civil Rights Act of 1964 could not discriminate on the basis of race. A District Court ruled that Congress assumed that because a restaurant received its food from out of state or served out of state travelers, then it affects interstate commerce if it discriminates. Congress could provide no facts that proved that the discrimination affected interstate commerce. The court could not find a close demonstrable connection between the two. Does Title II, applied to a restaurant receiving $70,000 worth of food annually from interstate
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Unformatted text preview: commerce, comply with Congress power to regulate commerce under the Constitution? The Court ruled in favor of the Civil Rights Act of 1964 in a unanimous 9-0 decision. Congress had the power to regulate commerce in this situation because of a few determining factors. The discrimination in the restaurant and in restaurants all across the south hurt Interstate Commerce. Because restaurants refused to serve negroes, they were rejecting a number of paying customers. This imposed an artificial restriction on the market and interfered with the flow of merchandise, according to the Attorney General. The discrimination in restaurants across the south deterred blacks from traveling and thus hurt Interstate Commerce....
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This note was uploaded on 10/03/2011 for the course POL 142 taught by Professor Jones during the Fall '08 term at Miami University.

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