Question
In Katzenbach v. McClung (Ollie's BBQ) , if the Supreme Court had held that 46% didnot constitute a substantial portion of food that had moved
InKatzenbach v. McClung (Ollie's BBQ), if the Supreme Court had held that 46% didnot constitute a "substantial portion" of food that had moved in interstate commerce, how could that holding have undermined the Civil Rights Act of 1964?(How could some restaurants have responded?)
InWickard v. Filburn, the Supreme Court upheld a fine against Filburn for growing excess wheat in violation of his allotment under the Agricultural Adjustment Act of 1938, passed pursuant to Congress's commerce clause authority.Explain how Filburn's consumption of the excess home-grown wheat undermined Congress's attempt to support the price of wheat under the Agricultural Adjustment Act and, therefore, could be regulated by Congress.
In his dissenting opinion inUnited States v.Lopez(Guns in Schools),Justice Breyer discusses the history of education.How does that discussion help support his position that the GFSZA was within Congress's commerce clause authority to enact (even though the law was struck down by the Majority of the Court)?
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