In what ways did Congress use the Commerce Clause in Katzenbach v McClung?

McClung, 379 U.S. 294 (1964), was a landmark decision of the US Supreme Court which unanimously held that Congress acted within its power under the Commerce Clause of the United States Constitution in forbidding racial discrimination in restaurants as this was a burden to interstate commerce.

What are the articles of Commerce Clause?

The Commerce Clause refers to Article 1, Section 8, Clause 3 of the U.S. Constitution, which gives Congress the power “to regulate commerce with foreign nations, and among the several states, and with the Indian tribes.

What did the Commerce Clause prove?

Rehnquist reasoned that the Court’s prior Commerce Clause cases showed that Congress had the power to regulate activity falling into three distinct areas: (1) use of the “channels of interstate commerce;” (2) the “instrumentalities of interstate commerce, or persons or things in interstate commerce” (e.g., products …

What is an example of the Commerce Clause in action?

United States (1905), for example, the Supreme Court held that a price-fixing scheme among Chicago meat packers constituted a restraint of interstate commerce—and was therefore illegal under the federal Sherman Antitrust Act (1890)—because the local meatpacking industry was part of a larger “current of commerce among …

Why did Ollie’s barbecue sue the Civil Rights Act?

On July 31, 1964, Ollie’s Barbecue filed a lawsuit challenging the constitutionality of the Civil Rights Act, which was signed into law by President Lyndon B. Johnson on July 2, 1964. Restaurants in Birmingham rallied behind Ollie’s, hoping to protect their Jim Crow practice of refusing sit-down service to black customers.

Who is the owner of Ollie’s barbecue in Birmingham?

Ollie McClung.jpg Ollie’s owner Ollie McClung Sr. is shown outside his restaurant in a file photo from The Birmingham News. BIRMINGHAM, Alabama – For decades, Ollie’s Barbecue had a towering sign alongside Interstate 65 in Birmingham declaring that it was the “World’s Best Bar-B-Q.”

When did Ollie’s barbecue move to Elmwood Cemetery?

James Ollie McClung, Ollie Sr.’s father, took over the Green Tree Barbecue near Elmwood Cemetery in 1926 and moved it the next year. The original Ollie’s building, a wooden structure at 900 University Blvd., was used from 1927 to 1968. It was torn down in 1997 to make way for a Chevron station.

Why did the Supreme Court rule against Ollie’s?

The court ruled that because Ollie’s used food items from out of state, Congress had power over the restaurant under its constitutional right to regulate interstate commerce. McClung Jr., who still lives in Birmingham, said he still thinks the court ruling was wrong. “Don’t interpret that as I want to go back to segregation,” he said.