Katzenbach v. McClung (1964) | An Introduction to Constitutional Law

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100 Supreme Court Cases Everyone Should Know
⚖️ Katzenbach v. McClung (1964)
🏛️ The Warren Court
🗓️ 12/14/1964
➕ Warren, Black, Douglas, Clark, Harlan, Brennan, Stewart, White, Goldberg
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🖋️By Professors Randy E. Barnett & Josh Blackman
The second test case, Katzenbach v. McClung, involved Ollie’s Barbecue. This restaurant in Birmingham, Alabama, would not serve African-American customers. Unlike the Heart of Atlanta Motel, however, Ollie’s Barbecue did not serve out- of-state customers. Nonetheless, the Court found “that a substantial portion of the food served in the restaurant had moved in interstate commerce.”

Here, the Court recognized what is sometimes called a jurisdictional hook: Congress had jurisdiction to regulate local activity that utilized items that had previously travelled in interstate commerce.
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