• Law
High School

We appreciate your visit to The Commerce Clause gives Congress the power to regulate foreign and interstate commerce trade business and commerce with the Native American tribes This power has. This page offers clear insights and highlights the essential aspects of the topic. Our goal is to provide a helpful and engaging learning experience. Explore the content and find the answers you need!

The Commerce Clause gives Congress the power to regulate foreign and interstate commerce (trade/business), and commerce with the Native American tribes. This power has been used more than any other to expand the size and scope of federal law and was even used as a legal justification to pass the Civil Rights Act of 1964.

Imagine a local restaurant, Zeke's Diner, in the deep South in 1960. Zeke's only served white people, but the federal government would soon pass a law that would end segregation based on race, color, religion, sex, or national origin, forcing Zeke's to change their policy.

How do you think Congress was able to justify this law based on the Commerce Clause? What about Zeke's constitutes foreign or interstate commerce?

Answer :

Final answer:

Congress justified the Civil Rights Act of 1964 using the Commerce Clause by arguing that discrimination in places like Zeke's Diner impacted interstate commerce and the Necessary and Proper Clause to enact laws viewed as necessary to regulate commerce.

Explanation:

Which required places like Zeke's Diner to serve all people regardless of race, color, religion, sex, or national origin, through a broad interpretation of the Commerce Clause. This clause in the Constitution grants Congress the power to regulate interstate commerce, and by extension activities that may have a substantial effect on it. In the case of Zeke's Diner, although it may seem like a local establishment, its service policies could affect interstate commerce.

For example, if African American travelers could not eat at Zeke's while traveling across state lines, this could impact their travel decisions and thereby affect commerce more broadly. Furthermore, if materials and goods used in the diner came from other states, their usage and sales are a part of interstate commerce that Congress has the authority to regulate.

Additionally, the Necessary and Proper Clause provided further justification, as it grants Congress the ability to enact legislation deemed necessary and proper to execute its enumerated powers, including regulation of interstate commerce. By this logic, eliminating segregation in public accommodations was seen as necessary to ensure the free flow of interstate commerce, unimpeded by racial discrimination.

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