Law: The Case of Katzenbach vs. McClung (Essay Sample)

Law: The case of Katzenbach vs. McClung
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Katzenbach vs. McClung
In the case of Katzenbach v. McClung, Ollie's Barbecue, a family-owned restaurant business, declined to serve blacks in the course of their business. Such an act violated the Civil Rights Act of 1964. The Act partly prevents any restaurant that serves interstate customers or one that gains substantially from interstate commerce in receiving its food, from racial discrimination. From the case scenario, Ollie's Barbecue services of meat and homemade pies took place in Birmingham, Alabama. Though a small percentage of its clientele was local, there was a substantial portion of its customers in interstate commerce. Prior to the passage of the Act, black patrons visiting the restaurant only received carry-out services. Ollie's Barbecue engaged the services of a local supplier to purchase approximately half of its food. The supplier in question purchased his food from out of state.
McClung, together with other plaintiffs, filed a lawsuit so as to prevent the US Attorney General, Nicholas Katzenbach, from implementing Title II of the Act against Ollie's Barbecue. His ground was that such a move was unconstitutional. During the trial, the district court ruled in favor of McClung and granted an injunction. It held that there was no evident linkage between services offered in a restaurant with food moving in interstate commerce, and claims by the Congress that the discrimination effect from such restaurants necessitated the regulation of local activities. Additionally, the court argued that the commerce clause only allowed the Congress to regulate activities up to the necessary point for the effective execution of its power. In this case, the Congress did not satisfy this requirement so as to exercise its authority under the Commerce Clause.
As per the facts of this case, the main point of concern is whether the Congress can control local restaurants with the aim of regulating racial discrimination. In my opinion, the Commerce Clause gives authority to the Congress to control local activities that may have a considerable effect on interstate commerce. In the case of Katzenbach v. McClung, the Congress acted within the confines of its power to safeguard interstate commerce as provided for in Title II of the Civil Rights Act. The Act provides that all people should be free from any discrimination of any kind at any establishment. Ollie's Barbecue fails to abide by the Act in this sense. Therefore, the Congress had valid grounds to conclude that the racial discrimination by Ollie's Barbecue restaurant could have an adverse effect on interstate trade.
Despite the fact that Ollie's Barbecue was a local restaurant, discrimination was evident from the case facts. The lawsuit by McClung together with other plaintiffs only goes to show their intention to perpetuate discrimination. The Civil Rights Act outlaws racial, color, sexual or even national religion discrimination. Ollie's Barbecue food supply activities did no