Question
Read the case of Katzenbach v. McClung with an eye towards identify the particular Commerce Clause issue involved in the case,This Landmark Supreme Court case
Read the case ofKatzenbach v. McClungwith an eye towards identify the particular Commerce Clause issue involved in the case,This Landmark Supreme Court case challenges you to understand how the Commerce Clause became a primary, constitutional vehicle for civil rights in the U.S. and to consider more closely the role of the Supreme Court's powers of interpreting the Constitution.After reviewing the case, respond to the questions set forth below.Feel free to review the resources on Canvas, such as the video presentation entitled "How to Read a Case: And Understand What it Means."
Katzenbach v. McClung, 379 U.S. 294 (1964)
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ASSIGNED QUESTIONS:
1) What type ofsubject matter jurisdictionenabled the parties to bring their case in federal court?[Review the concept of "subject matter jurisdiction" from Ch. 2 prior to answering the question.]
2) To what extent did the District Court find that the Commerce Clause, as an express grant of power to regulate interstate commerce, could be applied to regulate such commerce?In other words, what type of relationship did the District Court say must exist between the local activities of the business and interstate commerce in order to justify the imposition of Congressional power upon a business like Ollie's Barbecue?
3)Explain why the District Court granted an injunction against the federal government and refused it the right to prosecute Ollie's Barbecue under Title II of the federal Civil Rights Act of 1964.
4)What was the "close tie to interstate commerce" that the Supreme Court found was sufficient and conclusive to extend the power of Congress and the Civil Rights Act to Ollie's Barbeque in this case?
5) Do you think the Supreme Court reached a "fair and just" result in applying the Commerce Clause to an intrastate business such as Ollie's Barbeque?Explain.
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