Constitutional Law > Constitutional Law Keyed to Cohen > The Scope Of National Power. There was ample evidence in Congress for them to adequately believe that discrimination in restaurants caused obstruction of interstate travel and kept businesses from forming that would have formed otherwise. May Congress regulate racial discrimination by locally owned and operated restaurants? PETITIONER:Katzenbach RESPONDENT:McClung. Created by. All rights reserved. Many of the issues in the case had been answered in Heart of Atlanta Motel, 379 U.S. 241 (1964). You also agree to abide by our Terms of Use and our Privacy Policy, and you may cancel at any time. Gen., for appellants. CASE BRIEF WORKSHEET Title of Case: Katzenbach v.McClung, Sr. & McClung, Jr., US SC 1964 Facts (relevant; if any changed, the holding would be affected; used by the court to make its decision; what happened before the lawsuit was filed): Ollie’s Barbecue served barbecued meats and homemade pies from its location in Birmingham, Alabama. ... for leave to file a brief, ... is granted. Congress can prohibit a restaurant from refusing to serve blacks under the Commerce Clause since discrimination in restaurants places significant burdens on the flow of food and travel in interstate commerce. You also agree to abide by our. Corp. is a seminal case in that it abandoned a narrow view of federal power which had been com mon since the 1895 case United States v. E. C. Knight, 156 U.S. 1 (1895), and went back instead to the expansive view of federal power found in Chief Justice Marshall's opinion in McCulloch v. Supreme Court of the United States. A link to your Casebriefs™ LSAT Prep Course Workbook will begin to download upon confirmation of your email Learn. A video case brief of Katzenbach v. McClung, 379 U.S. 294 (1964). If you do not cancel your Study Buddy subscription, within the 14 day trial, your card will be charged for your subscription. Write. So was Katzenbach v. McClung , the 1964 case … The motion of NAACP Legal Defense and Educational Fund, Inc., for leave to file a brief, as amicus curiae, is granted.In this case probable jurisdiction is noted. FindLaw's Cases and Codes section contains provisions of state and federal law. 543. 11 Argued Oct. 5, 1964. 515. D buys $70k worth of food for the restaurant from other states. Aaron, the 1958 landmark case that said states are bound by Supreme Court rulings, was unanimous. Opinion for Nicholas Deb. Ollie's Barbecue (D) is a restaurant in Birmingham, AL which refuses to serve blacks in it dining room since it opened. Mr. Justice CLARK delivered the opinion of the Court. Nicholas deB. ashely_resh6. Katzenbach v. McClung, 379 U.S. 294 (1964) - in this case, the Court held that Congress acted within its power under the Commerce Clause of the Constitution in forbidding racial discrimination in restaurants as this was a burden to interstate commerce. 2d 290 (1964). KATZENBACH, Acting Attorney General, et al., Appellants, v. Ollie McCLUNG, Sr., and Ollie McClung, Jr. 9 No. Decided December 14, 1964. Katzenbach v. McClung is a significant desegregation case. Katzenbach v. McClung was the Court’s most expansive reading of Congress’s commerce power, which thereafter needed only a “rational basis” for connecting interstate commerce and local economic activity in order to justify federal regulation. Does a restaurant's refusal to serve blacks burden interstate commerce to an extent that Congress can legitimately prohibit such discrimination? 515, Heart of Atlanta Motel v. United States, decided this date, 379 U.S. 241, 85 S.Ct. Spell. Test. Robert McDavid Smith, Birmingham, Ala., for appellees. Thank you and the best of luck to you on your LSAT exam. Procedural History: Argued October 5, 1964. Nicholas deB. The joint motion to expedite briefing and oral argument is granted and the case is set for oral argument on Monday, October 5, 1964, immediately following No. Unlock your Study Buddy for the 14 day, no risk, unlimited use trial. [ Katzenbach v. McClung 379 U.S. 802 (1964) ] How to Brief a Case What to Expect in Class How to Outline How to Prepare for Exams 1L Course Overviews Study Tips and Helpful Hints. Opinion for Katzenbach v. McClung, 379 U.S. 294, 85 S. Ct. 377, 13 L. Ed. McClung, Jr. [December 1964.1 MR. JusTICE CLARK delivered the opinion of the Court. 379 U.S. 294. D buys $70k worth of food for the restaurant from other states. 2d 290 (1964) Brief Fact Summary. 543. 17 Robert McDavid Smith, Birmingham, Ala., for appellees. August 17, 2020 Edit. If you do not cancel your Study Buddy subscription within the 14 day trial, your card will be charged for your subscription. Katzenbach v. McClung 379 U.S. 294 (1964) Action: Case where Congress took advantage of its power under the Commerce Clause since they have the power to regulate commerce. Gravity. Congress may regulate the discriminatory policies of restaurants through Title II of the Civil Rights Act if those policies have a substantial effect on interstate commerce. Congress's power in this field is broad and sweeping. Read more about this case Law Databases FindLaw. Facts: Ollie’s barbeque restaurant is located in Birmingham, Alabama. Katzenbach v. 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. Katzenbach v. McClung, Sr. & McClung, Jr. SCOTUS - 1964 Facts: Ollie's Barbecue (D) is a restaurant in Birmingham, AL which refuses to serve blacks in it dining room since it opened. Now, this is in violation of the Civil Rights Act. That appellee's own contribution to the demand for wheat may be trivial by itself is not enough to remove him from the scope of federal regulation where, as here, his contribution, taken together with that of many others similarly situated, is far from trivial. 515. 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, SC's investigation is at an end. The joint motion to expedite briefing and oral argument is granted and the case is set for oral argument on Monday, October 5, 1964, immediately following No. Katzenbach v. McClung was decided on the same day as Heart of Atlanta Motel and represented the desegregation efforts by the Supreme Court. In this case probable jurisdiction is noted. No. Every Bundle includes the complete text from each of the titles below: PLUS: Hundreds of law school topic-related videos from The Understanding Law Video Lecture Series™: Monthly Subscription ($19 / Month) Annual Subscription ($175 / Year). This case was argued with No. No. Archibald Cox, Sol. 515. 233 F. Supp. Decided Dec. 14, 1964. 21 APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA Syllabus Issue. Design by Free CSS Templates. Argued Oct. 5, 1964. 2d 290, 1964 U.S. LEXIS 2188 — Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information. Katzenbach v. McClung. Before and after the Civil Rights Act was passed, restaurant still served blacks on a take-out service. Court has held time and again that commerce power extends to activities of retail establishments, including restaurants, which directly or indirectly burden or obstruct interstate commerce. Katzenbach v. McClung . videos, thousands of real exam questions, and much more. Katzenbach v. McClung, 379 U.S. 294 (1964), is a landmark decision by the United States Supreme Court.The Court 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.The ruling was a 9–0 decision in favor of the plaintiff—the United States government. Page 295. In this case probable jurisdiction is noted. The McClungs sued Katzenbach (defendant), the United States government actor responsible for enforcing the CRA, to enjoin the CRA's enforcement against the McClungs. 348, in which we upheld the constitutional validity of Title II of the Civil Rights Act of 1964 against an attack no hotels, motels, and like establishments. Gen., for appellants. 5. Synopsis of Rule of Law. Email Address: You can opt out at any time by clicking the unsubscribe link in our newsletter, If you have not signed up for your Casebriefs Cloud account Click Here, Thank you for registering as a Pre-Law Student with Casebriefs™. address. The largest remaining question was whether the Appellees’ establishment serves interstate travelers or offers food that a substantial portion of which has moved in interstate commerce. Yes. 1. Citation379 U.S. 294, 85 S. Ct. 377, 13 L. Ed. Katzenbach v. McClung, Sr. & McClung, Jr. STUDY. 19. You have successfully signed up to receive the Casebriefs newsletter. dirasaniraurus. KATZENBACH, as Acting Attorney General of the United States, et al., appellants, v. Ollie McCLUNG, Sr., et al. Even though the volume of food purchased in interstate commerce by D is small, see Wickard v. Filburn: That D's own contribution to commerce may be trivial by itself is not enough to remove him from the scope of federal regulation where his contribution, taken together with that of many others similarly situated, is far from trivial. Page 295. Your Study Buddy will automatically renew until cancelled. 515, Heart of Atlanta Motel v. United States et al., decided this date, in which we upheld the constitutional validity of Title Il of the Katzenbach v. McClung, Sr. & McClung, Jr. instance brief summary 379 U.S. 294 (1964) CASE SYNOPSIS. For Your Data Katzenbach V. Mcclung, Sr. & Mcclung, Jr. Ollie McClung, Sr., and Ollie District of Alabama. It also contains a record of state and federal case law for trial and appellate courts. [ Katzenbach v. McClung 379 U.S. 802 (1964) ] PLAY. Katzenbach v. McClung, 379 U.S. 294 (1964), is a United States Supreme Court case in which the Court 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.The ruling was a 9–0 decision in favor of the plaintiff—the United States government. Your Study Buddy will automatically renew until cancelled. Congress has the ability to require desegregation of restaurants under the Commerce Clause. The action was brought in federal district court. Lower court found Civil Rights Act unconstitutional. As a pre-law student you are automatically registered for the Casebriefs™ LSAT Prep Course. Loving v. The site looks at the arguments made in Gomillion v. Lightfoot. Ollie’s Barbecue, a family-run business in Alabama did not serve blacks in the restaurant, which was in violation of Title II of the Civil Rights Act of 1964 (the Act). 543. Illustration Brief By . Ollie McClung argued that his restaurant could not be prohibited from discriminating against African Americans because Congress did not have power under the Commerce Clause to enact the Civil Rights Act of 1964. Katzenbach, as Acting Attorney General of the United States v. Ollie McClung Sr., 379 U.S. 802 — Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information. Match. In this case probable jurisdiction is noted. Katzenbach v. McClung, 379 U.S. 294 (1964) Katzenbach v. McClung. Because Appellees admitted the latter query was true, the Supreme Court of the United States (Supreme Court) ruled that Congress had authority to regulate the restaurant under the Commerce Clause. Now, this is in violation of the Civil Rights Act. The joint motion to expedite briefing and oral argument is granted and the case is set for oral argument on Monday, October 5, 1964, immediately following No. Schechter Poultry Corporation v. United States, National Labor Relations Board v. Jones & Laughlin Steel Corp, Heart of Atlanta Motel, Inc. v. United States, Katzenbach v. McClung, Sr. and McClung, Jr, Garcia v. San Antonio Metropolitan Transit Authority, 379 U.S. 294, 85 S. Ct. 377, 13 L. Ed. Copyright (c) 2009 Onelbriefs.com. 15 Archibald Cox, Sol. Casebriefs is concerned with your security, please complete the following, The Structure Of The Constitution's Protection Of Civil Rights And Civil Liberties, Fundamental Fights Under Due Process And Equal Protection, LSAT Logic Games (June 2007 Practice Exam), LSAT Logical Reasoning I (June 2007 Practice Exam), LSAT Logical Reasoning II (June 2007 Practice Exam), You can opt out at any time by clicking the unsubscribe link in our newsletter, Houston, East & West Railway Company v. United States, A.L.A. Atlanta Motel, Inc. v. United States, 379 U.S. 241, 242-43 (1964); Katzenbach v. McClung, 379 U.S. 294, 295 (1964); see also Griggs v. Duke Power Co., 401 U.S. 424, 436 (1971) (interpreting Title VII of the Civil Rights Act of 1964 to prohibit certain workplace requirements that created a disproportionately negative impact on workers 13 Decided Dec. 14, 1964. His restaurant, Ollie's Barbecue, was located on a major road in Birmingham, Alabama and was close to an interstate highway. Terms in this set (3) RULE. Held. Brief Fact Summary. Allowing a broad reading of the Commerce Clause, the Court was instrumental in tearing down the discrimination in many establishments, and in preserving the progress achieved by civil rights activists in the 1960s. Flashcards. Unlock your Study Buddy for the 14 day, no risk, unlimited trial. 815 (1964) Ollie McCLUNG, Sr. and Ollie McClung, Jr., Plaintiffs, v. Nicholas deB. I do particularly want to call the Court’s attention to page 70 where appendix — page 70 Appendix B of the Atlanta brief. SCOTUS reversed, found Civil Rights Act constitutional. This case was argued with No. Please check your email and confirm your registration. Appeals court ruling reversed and remanded. KATZENBACH, Acting Attorney General, et al., Appellants, v. Ollie McCLUNG, Sr., and Ollie McClung, Jr. No. 543. A three-judge panel of the district court issued an injunction preventing enforcement of the CRA against the McClungs. Nicholas deB. 14,000 + case briefs, hundreds of Law Professor developed 'quick' Black Letter Law. Again, it is notable that the Supreme Court ruled that Congress’ authority extended from the Commerce Clause.
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