Title | Katzenbach v. Mc Clung (1964) Case Brief |
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Author | Niama Filali |
Course | Constitutional Law |
Institution | St. Thomas University (Florida) |
Pages | 1 |
File Size | 61.7 KB |
File Type | |
Total Downloads | 67 |
Total Views | 144 |
Case Brief...
Case Name: Katzenbach v. McClung, Sr. & McClung Jr. (1964) – Discrimination at a restaurant— CRA Title 1 (pgs. 178-179) Rule of Law: If policies have a substantial effect on interstate commerce, Congress has the right to regulate discriminatory policies of restaurants though Title II of the Civil Rights Act Facts: Ollie’s Barbecue a family owned restaurant in Alabama, located on state highway 11, somewhat far from railroad and bus stations o Restaurant caters to white-collar trade with take out service for Negros o Employs 36 ppl, 2/3 being Negros 12 months prior to the Act passing, the restaurant purchased about $150,000 of food with 46% of it being meat bought from a local supplier who had procured it from outside the state Restaurant had refused dining accommodations since its opening in 1927 and was in violation of the act starting July, 1964 D. Court found that the restaurant would lose substantial business if they served Negros Issue: Whether discriminatory policies that have a substantial effect on interstate commerce can be regulated through Title II of the Civil Rights Act Holding: Clark Court used Heart of Atlanta Motel o CRA is a valid exercise of Congress’ power to regulate interstate commerce in relation to public accommodations Congress has determined for itself that refusals of service to Negros have imposed burdens both upon interstate flow of food and upon movement of products generally Congress has a rational bases for finding that racial discrimination in restaurants had a direct and adverse effect on the free flow of interstate commerce — No violation...