Katzenbach v. McClung
Encyclopedia
Katzenbach v. McClung, 379 U.S. 294
(1964), was a case in which the Supreme Court of the United States
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.
, Alabama
, and that seated 220 customers. It was located on a state highway and was 11 blocks from an interstate highway. In a typical year, approximately half of the food it purchased from a local supplier originated out-of-state. It catered to local families and white collar workers and provided take-out service to African American
customers.
schools and public places. One section of the act, Title II, was specifically intended to grant African-Americans full access to public facilities such as hotels, restaurants, and public recreation areas. On the same day, the Supreme Court heard challenges to Title II from a motel owner and from Ollie McClung. Both claimed that the federal government had no right to impose any regulations on small, private businesses. Both ultimately lost. Ollie McClung had won an initial round in a Federal District Court when he received an injunction preventing the Government from enforcing Title II against his restaurant. But then the Attorney General appealed this decision to the U.S. Supreme Court.
was unconstitutional, at least as applied to a small, private business such as his. McClung further argued that the amount of food purchased by Ollie's that actually crossed state lines (about half of the food at Ollies) was so minuscule that Ollie's effectively had no effect on interstate commerce (although McClung admitted that a significant amount of Ollie's business was to interstate travelers). Consequently, McClung argued that Congress had no power to regulate Ollie's Barbecue under the Commerce Clause
.
The court ruled unanimously that the Civil Rights Act is constitutional and that it was properly applied against Ollie's Barbecue.
Justice Clark
wrote the majority opinion, with concurrences by Justices Black
, Douglas
, and Goldberg
. In section 2 of the opinion, the Court agreed with McClung that Ollie's itself had virtually no effect on interstate commerce. In section 4 of the opinion the Court held that racial discrimination in restaurants had a significant impact on interstate commerce, and therefore Congress has the power to regulate this conduct under the Commerce Clause
. The Court's conclusion was based on extensive Congressional hearings on the issue. The Court cited testimony that African Americans spent significantly less in areas with racially segregated restaurants, and that segregation imposed an artificial restriction on the flow of merchandise by discouraging African Americans from making purchases in segregated establishments. The Court gave the greatest weight to evidence that segregation in restaurants had a "direct and highly restrictive effect upon interstate travel by Negroes."
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.
The appellees objected to Congress' approach in determining what affects commerce, the court held, “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.”
in 1999 and closed in 2001.
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(1964), was a case in which the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
held that Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
acted within its power under the Commerce Clause
Commerce Clause
The Commerce Clause is an enumerated power listed in the United States Constitution . The clause states that the United States Congress shall have power "To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes." Courts and commentators have tended to...
of the United States Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
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.
Facts of the case
Ollie's Barbecue was a small, family-owned restaurant that operated in BirminghamBirmingham, Alabama
Birmingham is the largest city in Alabama. The city is the county seat of Jefferson County. According to the 2010 United States Census, Birmingham had a population of 212,237. The Birmingham-Hoover Metropolitan Area, in estimate by the U.S...
, Alabama
Alabama
Alabama is a state located in the southeastern region of the United States. It is bordered by Tennessee to the north, Georgia to the east, Florida and the Gulf of Mexico to the south, and Mississippi to the west. Alabama ranks 30th in total land area and ranks second in the size of its inland...
, and that seated 220 customers. It was located on a state highway and was 11 blocks from an interstate highway. In a typical year, approximately half of the food it purchased from a local supplier originated out-of-state. It catered to local families and white collar workers and provided take-out service to African American
African American
African Americans are citizens or residents of the United States who have at least partial ancestry from any of the native populations of Sub-Saharan Africa and are the direct descendants of enslaved Africans within the boundaries of the present United States...
customers.
Prior history
Congress passed the Civil Rights Act of 1964 outlawing segregation in AmericanUnited States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
schools and public places. One section of the act, Title II, was specifically intended to grant African-Americans full access to public facilities such as hotels, restaurants, and public recreation areas. On the same day, the Supreme Court heard challenges to Title II from a motel owner and from Ollie McClung. Both claimed that the federal government had no right to impose any regulations on small, private businesses. Both ultimately lost. Ollie McClung had won an initial round in a Federal District Court when he received an injunction preventing the Government from enforcing Title II against his restaurant. But then the Attorney General appealed this decision to the U.S. Supreme Court.
Decision of the Court
McClung argued that the Civil Rights ActCivil Rights Act of 1964
The Civil Rights Act of 1964 was a landmark piece of legislation in the United States that outlawed major forms of discrimination against African Americans and women, including racial segregation...
was unconstitutional, at least as applied to a small, private business such as his. McClung further argued that the amount of food purchased by Ollie's that actually crossed state lines (about half of the food at Ollies) was so minuscule that Ollie's effectively had no effect on interstate commerce (although McClung admitted that a significant amount of Ollie's business was to interstate travelers). Consequently, McClung argued that Congress had no power to regulate Ollie's Barbecue under the Commerce Clause
Commerce Clause
The Commerce Clause is an enumerated power listed in the United States Constitution . The clause states that the United States Congress shall have power "To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes." Courts and commentators have tended to...
.
The court ruled unanimously that the Civil Rights Act is constitutional and that it was properly applied against Ollie's Barbecue.
Justice Clark
Tom C. Clark
Thomas Campbell Clark was United States Attorney General from 1945 to 1949 and an Associate Justice of the Supreme Court of the United States .- Early life and career :...
wrote the majority opinion, with concurrences by Justices Black
Hugo Black
Hugo Lafayette Black was an American politician and jurist. A member of the Democratic Party, Black represented Alabama in the United States Senate from 1927 to 1937, and served as an Associate Justice of the Supreme Court of the United States from 1937 to 1971. Black was nominated to the Supreme...
, Douglas
William O. Douglas
William Orville Douglas was an Associate Justice of the United States Supreme Court. With a term lasting 36 years and 209 days, he is the longest-serving justice in the history of the Supreme Court...
, and Goldberg
Arthur Goldberg
Arthur Joseph Goldberg was an American statesman and jurist who served as the U.S. Secretary of Labor, Supreme Court Justice and Ambassador to the United Nations.-Early life:...
. In section 2 of the opinion, the Court agreed with McClung that Ollie's itself had virtually no effect on interstate commerce. In section 4 of the opinion the Court held that racial discrimination in restaurants had a significant impact on interstate commerce, and therefore Congress has the power to regulate this conduct under the Commerce Clause
Commerce Clause
The Commerce Clause is an enumerated power listed in the United States Constitution . The clause states that the United States Congress shall have power "To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes." Courts and commentators have tended to...
. The Court's conclusion was based on extensive Congressional hearings on the issue. The Court cited testimony that African Americans spent significantly less in areas with racially segregated restaurants, and that segregation imposed an artificial restriction on the flow of merchandise by discouraging African Americans from making purchases in segregated establishments. The Court gave the greatest weight to evidence that segregation in restaurants had a "direct and highly restrictive effect upon interstate travel by Negroes."
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
Wickard v. Filburn
Wickard v. Filburn, 317 U.S. 111 , was a U.S. Supreme Court decision that recognized the power of the federal government to regulate economic activity. A farmer, Roscoe Filburn, was growing wheat for on-farm consumption. The U.S...
, Gibbons v. Ogden
Gibbons v. Ogden
Gibbons v. Ogden, 22 U.S. 1 , was a landmark decision in which the Supreme Court of the United States held that the power to regulate interstate commerce was granted to Congress by the Commerce Clause of the United States Constitution. The case was argued by some of America's most admired and...
, and United States v. Darby.
The appellees objected to Congress' approach in determining what affects commerce, the court held, “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.”
Subsequent history
After decades in operation, Ollie's Barbecue moved to the suburb of PelhamPelham, Alabama
Pelham is a city and suburb of Birmingham in Shelby County, Alabama, United States. At the 2000 census the population was 14,369, but has grown to 21,352 recorded by the 2010 census. It was named for famed Confederate American Civil War officer John Pelham...
in 1999 and closed in 2001.
See also
- Heart of Atlanta Motel v. United StatesHeart of Atlanta Motel v. United StatesHeart of Atlanta Motel Inc. v. United States, 379 U.S. 241 , was a landmark United States Supreme Court case holding that the U.S. Congress could use the Constitution's Commerce Clause power to force private businesses to abide by the Civil Rights Act of 1964.- Background :This important case...
- African-American Civil Rights Movement (1955–1968)
- List of United States Supreme Court cases, volume 379