Katzenbach v. Mc Clung (1964) Case Brief PDF

Title Katzenbach v. Mc Clung (1964) Case Brief
Author Niama Filali
Course Constitutional Law
Institution St. Thomas University (Florida)
Pages 1
File Size 61.7 KB
File Type PDF
Total Downloads 67
Total Views 144

Summary

Case Brief...


Description

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...


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