Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

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)

(Links to an external site.)

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.

Step by Step Solution

There are 3 Steps involved in it

Step: 1

blur-text-image

Get Instant Access to Expert-Tailored Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image

Step: 3

blur-text-image

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

Dynamic Business Law

Authors: Nancy Kubasek, M. Neil Browne, Daniel Herron, Lucien Dhooge, Linda Barkacs

6th Edition

1260733971, 978-1260733976

More Books

Students also viewed these Law questions

Question

How are the four perspectives of operations strategy reconciled?

Answered: 1 week ago

Question

Where in the hiring process are you?

Answered: 1 week ago

Question

3. It is the commitment you show that is the deciding factor.

Answered: 1 week ago