katzenbach v mcclung concurrence

But Congress' action in framing this Act was not unprecedented. KATZENBACH, Acting Attorney General, et al., Appellants,v.Ollie McCLUNG, Sr., and Ollie McClung, Jr. Archibald Cox, Sol.

It is to that question that we now turn. This rule is as good today as it was when Chief Justice Marshall laid it down almost a century and a half ago.

. Justice Clark – No (Majority Opinion) Link is to HeinOnline (login required). 778, 783, 82 L.Ed. United States v. Alfonso D. Lopez, Jr., 514 U.S. 549 (1995), was a landmark case of the United States Supreme Court concerning the Commerce Clause. (Brief for appellees, pp. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA. Ollie McClung had won an initial round in the United States District Court for the Northern District of Alabama when he received an injunction preventing the Government from enforcing Title II against his restaurant. But where we find that the legislators, in light of the facts and testimony before them, have a rational basis for finding a chosen regulatory scheme necessary to the protection of commerce, our investigation is at an end.

1060, 29 U.S.C. Katzenbach v. McClung. Title II of the Civil Rights Act of 1964 forbade racial discrimination in hotels, motels, restaurants, theaters, and all other public accommodation engaged in interstate commerce.

348. We think in so doing that Congress acted well within its power to protect and foster commerce in extending the coverage of Title II only to those restaurants offering to serve interstate travelers or serving food, a substantial portion of which has moved in interstate commerce. There is no claim that interstate travelers frequented the restaurant.

The grounds are that the Act authorizes only preventive relief; that there has been no threat of enforcement against the appellees and that they have alleged no irreparable injury. On the merits, the District Court held that the Act could not be applied under the Fourteenth Amendment because it was conceded that the State of Alabama was not involved in the refusal of the restaurant to serve Negroes. Katzenbach v. McClung, 379 U.S. 294 (1964) Katzenbach v. McClung. Stated another way, they object to the omission of a provision for a case-by-case determination—judicial or administrative—that racial discrimination in a particular restaurant affects commerce. Argued October 5, 1964.

APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA Syllabus Ollie's Barbecue admits that it is covered by these provisions of the Act. 543. In Section 5 of the decision, the Court affirmed previous decisions that Congress has the authority to regulate local intrastate activities if the activities significantly affect interstate commerce in the aggregate, citing United States v. Wrightwood Dairy Co. , Wickard v. Filburn , Gibbons v. Ogden , and United States v. Darby . Hence, the District Court was in error in concluding that there was no connection between discrimination and the movement of interstate commerce. This Court has held time and again that this power extends to activities of retail establishments, including restaurants, which directly or indirectly burden or obstruct interstate commerce. 515, Heart of Atlanta Motel v. United States, decided this date, ante, p. 241 Both claimed that the federal government had no right to impose any regulations on small, private businesses. With this situation spreading as the record shows, Congress was not required to await the total dislocation of commerce. The appellees in that case argued, as do the appellees here, that the Act was invalid because it included no provision for an independent inquiry regarding the effect on commerce of substandard wages in a particular business. As to the Commerce Clause, the court found that it was. The absence of direct evidence connecting discriminatory restaurant service with the flow of interstate food, [p*305] a factor on which the appellees place much reliance, is not, given the evidence as to the effect of such practices on other aspects of commerce, a crucial matter. This resulted, it was said, because discriminatory practices prevent Negroes from buying prepared food served on the premises while on a trip, except in isolated and unkempt restaurants and under most unsatisfactory and often unpleasant conditions. St. Louis University Law Journal 49, no. Gibbons v. Ogden, 9 Wheat. Sections 201(b)(2) and (c) place any "restaurant . The beef and pork had traveled in interstate commerce to arrive at the restaurant. The Jim Crow laws were enforced until 1965. Held. It questions the power to exercise interstate commerce under Title II of the Act, and if it gives Congress the power to intervene with restaurants that receive a yearly income of $70,000. No. at 90. Snead was the director of the New Mexico Taxation and Revenue Department. Justice Clark wrote the majority opinion, with concurrences by Justices Black, Douglas, and Goldberg. December 14, 1964. Katzenbach v. McClung is a significant desegregation case. Concurring opinions by Mr. Justice BLACK, Mr. Justice DOUGLAS and Mr. Justice GOLDBERG printed in No. Justice Goldberg – No (Concurrence). There, Congress determined that the payment of substandard wages to employees engaged in the production of goods for commerce, while not itself commerce, so inhibited it as to be subject to federal regulation.

In addition to the amendments above, the Eighteenth Amendment states "The Congress and the several States shall have concurrent power to enforce this article by appropriate legislation.". §§ 1252, 1253 (1958 ed. Ollie’s barbeque (Ollie’s) in Alabama refused to serve Negroes.

They urge that no such basis existed. There must be, it said, a close and substantial relation between local activities and interstate commerce which requires control of the former in the protection of the latter. Concurring Opinion (Goldberg).

Insofar as the sections of the Act here relevant are concerned, �� 201(b)(2) and (c), Congress prohibited discrimination only in those establishments having a close tie to interstate commerce, i.e., those, like the McClungs', serving food that has come from out of the State. As restaurants like the white owned Ollie’s Barbecue, in Birmingham Alabama would soon realize. Arizona Public Service Co. v. Snead, 441 U.S. 141 (1979), was a United States Supreme Court case in which the Court held that a New Mexico tax on the generation of electricity was invalid under the Supremacy Clause of the United States Constitution. It prohibits unequal application of voter registration requirements, and racial segregation in schools, employment, and public accommodations. has moved in commerce.". See Hearings before the Senate Committee on Commerce on S. 1732, 88th Cong., 1st Sess., 695. 515, Heart of Atlanta Motel v. United States, decided this date, 379 U.S. 241, 85 S.Ct. The power of Congress in this field is broad and sweeping; where it keeps within its sphere and violates no express constitutional limitation it has been the rule of this Court, going back almost to the founding days of the Republic, not to interfere. address.

United States v. Wrightwood Dairy Co., 315 U.S. 110, 119 (1942). It was the first case since 1937 in which the Court held that Congress had exceeded its power to legislate under the Commerce Clause. For these reasons, we have concluded, with the above caveat, that the denial of discretionary declaratory relief is not required here. In addition, there were many references to discriminatory situations causing wide unrest and having a depressant effect on general business conditions in the respective communities. It was also admitted that the Thirteenth Amendment was authority neither for validating nor for invalidating the Act.

1 [n2] Synopsis of Rule of Law. While the owner of Ollie's Barbeque argued that the refusal to serve blacks did not burden interstate commerce to an extent that Congress could legitimately prohibit such discrimination, the Supreme Court disagreed. It is located on a state highway 11 blocks from an interstate one and a somewhat greater distance from railroad and bus stations. . That decision disposes of the challenges that the appellees base on the Fifth, Ninth, Tenth, and Thirteenth Amendments, and on the Civil Rights Cases, 109 U.S. 3, 3 S.Ct. Ollie’s barbeque (Ollie’s) in Alabama refused to serve Negroes. The variations in the pertinent language are as follows: The Thirteenth Amendment leaves out the word "the", the Fourteenth Amendment states "The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article." But, as our late Brother Jackson said for the Court in Wickard v. Filburn, 317 U.S. 111, 63 S.Ct. Katzenbach v. McClung, 379 U.S. 294 (1964), was a U.S. Supreme Court case which confirmed that Congress did indeed act within the powers of the Commerce Clause, giving to them under Article I, Section 8, Clause 3 of the Constitution of the United States, when they prohibited discrimination in public settings, such as motels and restaurants, due to its negative effects on interstate commerce. Stated another way, they object to the omission of a provision for a case-by-case determination -- judicial or administrative -- that racial discrimination in a particular restaurant affects commerce. Polish National Alliance of U.S. v. National Labor Relations Board, 322 U.S. 643, 648, 64 S.Ct.

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