{[ promptMessage ]}

Bookmark it

{[ promptMessage ]}

katzenbach v mcclung - commerce comply with Congress’...

Info icon This preview shows page 1. Sign up to view the full content.

View Full Document Right Arrow Icon
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
Image of page 1
This is the end of the preview. Sign up to access the rest of the document.

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....
View Full Document

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern