NCP: Civil Rights Act of 1964

Question 1

Civil Rights Act of 1964

Answer 1

Normal expectation would be to use § 5 of the 14th Amendment (additional grant of power to Congress) to pass legislation. § 5 gives Congress the power to deal with issues of racial discrimination, but does the Equal Protection Clause restrict the activities of private institutions?

i) SCOTUS says the amendment only prohibits states from denying equal protection of the law  (1) That is, cannot use section 5 to reach private institutions / individuals. Therefore nothing in the constitution that would prevent a private institution from discriminating on the basis of race. Congress has to get creative.

Question 2

Heart of Atlanta Motel, Inc. v. United States (1964)(p.103)

Answer 2

Facts: The hotel exists at the intersection of two major interstate highways ii) Rule: The power of Congress to promote interstate commerce also includes the power to regulate local activities in both the States of origin and destination, which might have a substantial and harmful effect upon that commerce.
(1) The relative unavailability of African Americans from having a place to stay in interstate travel will affect the number willing to travel interstate.

Question 3

Katzenback v. McClung (1964)(p.105)

Answer 3

Ollie’s BBQ discriminating, but purely local.

i) Rule: Aggregation principle (Wickard) gives reach