Heart of Atlanta v. US (1964)
Test of Congress’ power under Commerce Clause: Whether activity sought to be regulated is “commerce which concerns more States than one” and has a real (not pretextual) and substantial (not attenuated) relation to the national interest.
Facts: Motel refused to accommodate African Americans in violation of Title II of the Civil Rights Act. 75% of hotel guests from out of state. Constitutionality of Title II in the Civil Rights Act challenged (in essence the Act itself was challenged). Congress has said that if you fall within the listed establishments in the statute, you effect commerce.
Test of Congress’ power under Commerce Clause: Whether activity sought to be regulated is “commerce which concerns more States than one” and has a real (not pretextual) and substantial (not attenuated) relation to the national interest.
- Relies on Gibbons for the proposition of a broad interpretation of commerce. Discusses definition of “intercourse.”
- Addresses moral wrongs. (Lottery Cases)
Holding: Court upheld constitutionality of Title II of the Civil Rights Act and said that Congress’ adoption of Title II applied to a motel is within its power.
No comments:
Post a Comment