text:
Katzenbach v. McClung, 379 U.S. 294 (1964)
Supreme Court of the United States
Filed: December 14th, 1964
Precedential Status: Precedential
Citations: 379 U.S. 294, 85 S. Ct. 377, 13 L. Ed. 2d 290, 1964 U.S. LEXIS 2188
Docket Number: 543
Supreme Court Database ID: 1964-018
Author: Tom C. Clark

379 U.S. 294 (1964)
KATZENBACH, ACTING ATTORNEY GENERAL, ET AL.
v.
McCLUNG ET AL.

No. 543.
Supreme Court of United States.

Argued October 5, 1964.
Decided December 14, 1964.
APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA.
Solicitor General Cox argued the cause for appellants. With him on the brief were Assistant Attorney General Marshall, Ralph S. Spritzer, Philip B. Heymann, Harold H. Greene and Gerald P. Choppin.

Robert McDavid Smith argued the cause for appellees. With him on the briefs was William G. Somerville.

*295 Jack Greenberg, Constance Baker Motley, James M. Nabrit III and Charles L. Black, Jr., filed a brief for the NAACP Legal Defense and Educational Fund, Inc., as amicus curiae, urging reversal.

T. W. Bruton, Attorney General of North Carolina, and Ralph Moody, Deputy Attorney General, filed a brief for the State of North Carolina, as amicus curiae, urging affirmance.

MR. JUSTICE CLARK delivered the opinion of the Court.

This case was argued with No. 515, Heart of Atlanta Motel v. United States, decided this date, ante, p. 241, in which we upheld the constitutional validity of Title II of the Civil Rights Act of 1964 against an attack by hotels, motels, and like establishments. This complaint for injunctive relief against appellants attacks the constitutionality of the Act as applied to a restaurant. The case was heard by a three-judge United States District Court and an injunction was issued restraining appellants from enforcing the Act against the restaurant. 233 F. Supp. 815. On direct appeal, 28 U.S. C. §§ 1252, 1253 (1958 ed.), we noted probable jurisdiction. 379 U.S. 802. We now reverse the judgment.

1. The Motion to Dismiss.

The appellants moved in the District Court to dismiss the complaint for want of equity jurisdiction and that claim is pressed here. The grounds are that the Act authorizes only preventive relief; that there has been no threat of enforcement against the appellees and that they have alleged no irreparable injury. It is true that ordinarily equity will not interfere in such cases. However, we may and do consider this complaint as an application for a declaratory judgment under  28 U.S. C. §§ 2201 and 2202 (1958 ed.). In this case, of course, direct appeal to this Court would still lie under 28 U.S. C. § 1252 (1958 *296 ed.). But even though Rule 57 of the Federal Rules of Civil Procedure permits declaratory relief although another adequate remedy exists, it should not be granted where a special statutory proceeding has been provided. See Notes on Rule 57 of Advisory Committee on Rules, 28 U.S. C. App. 5178 (1958 ed.). Title II provides for such a statutory proceeding for the determination of rights and duties arising thereunder, §§ 204-207, and courts should, therefore, ordinarily refrain from exercising their jurisdiction in such cases.

The present case, however, is in a unique position. The interference with governmental action has occurred and the constitutional question is before us in the companion case of Heart of Atlanta Motel as well as in this case. It is important that a decision on the constitutionality of the Act as applied in these cases be announced as quickly as possible. For these reasons, we have concluded, with the above caveat, that the denial of discretionary declaratory relief is not required here.

2. The Facts.

Ollie's Barbecue is a family-owned restaurant in Birmingham, Alabama, specializing in barbecued meats and homemade pies, with a seating capacity of 220 customers. It is located on a state highway 11 blocks from an interstate one and a somewhat greater distance from railroad and bus stations. The restaurant caters to a family and white-collar trade with a take-out service for Negroes. It employs 36 persons, two-thirds of whom are Negroes.

In the 12 months preceding the passage of the Act, the restaurant purchased locally approximately $150,000 worth of food, $69,683 or 46% of which was meat that it bought from a local supplier who had procured it from outside the State. The District Court expressly found that a substantial portion of the food served in the restaurant *297 had moved in interstate commerce. The restaurant has refused to serve Negroes in its dining accommodations since its original opening in 1927, and since July 2, 1964, it has been operating in violation of the Act. The court below concluded that if it were required to serve Negroes it would lose a substantial amount of business.

On the merits, the District Court held that the Act could not be applied under the Fourteenth Amendment because it was conceded that the State of Alabama was not involved in the refusal of the restaurant to serve Negroes. It was also admitted that the Thirteenth Amendment was authority neither for validating nor for invalidating the Act. As to the Commerce Clause, the court found that it was "an express grant of power to Congress to regulate interstate commerce, which consists of the movement of persons, goods or information from one state to another"; and it found that the clause was also a grant of power "to regulate intrastate activities, but only to the extent that action on its part is necessary or appropriate to the effective execution of its expressly granted power to regulate interstate commerce." There must be, it said, a close and substantial relation between local activities and interstate commerce which requires control of the former in the protection of the latter. The court concluded, however, that the Congress, rather than finding facts sufficient to meet this rule, had legislated a conclusive presumption that a restaurant affects interstate commerce if it serves or offers to serve interstate travelers or if a substantial portion of the food which it serves has moved in commerce. This, the court held, it could not do because there was no demonstrable connection between food purchased in interstate commerce and sold in a restaurant and the conclusion of Congress that discrimination in the restaurant would affect that commerce.

*298 The basic holding in Heart of Atlanta Motel, answers many of the contentions made by the appellees.[1] There we outlined the overall purpose and operational plan of Title II and found it a valid exercise of the power to regulate interstate commerce insofar as it requires hotels and motels to serve transients without regard to their race or color. In this case we consider its application to restaurants which serve food a substantial portion of which has moved in commerce.

3. The Act As Applied.

Section 201 (a) of Title II commands that all persons shall be entitled to the full and equal enjoyment of the goods and services of any place of public accommodation without discrimination or segregation on the ground of race, color, religion, or national origin; and § 201 (b) defines establishments as places of public accommodation if their operations affect commerce or segregation by them is supported by state action. Sections 201 (b) (2) and (c) place any "restaurant . . . principally engaged in selling food for consumption on the premises" under the Act "if . . . it serves or offers to serve interstate travelers or a substantial portion of the food which it serves . . . has moved in commerce."

Ollie's Barbecue admits that it is covered by these provisions of the Act. The Government makes no contention that the discrimination at the restaurant was supported by the State of Alabama. There is no claim that interstate travelers frequented the restaurant. The sole question, therefore, narrows down to whether Title II, as applied to a restaurant annually receiving about $70,000 worth of food which has moved in commerce, is a valid exercise of the power of Congress. The Government *299 has contended that Congress had ample basis upon which to find that racial discrimination at restaurants which receive from out of state a substantial portion of the food served does, in fact, impose commercial burdens of national magnitude upon interstate commerce. The appellees' major argument is directed to this premise. They urge that no such basis existed. It is to that question that we now turn.

4. The Congressional Hearings.

As we noted in Heart of Atlanta Motel both Houses of Congress conducted prolonged hearings on the Act. And, as we said there, while no formal findings were made, which of course are not necessary, it is well that we make mention of the testimony at these hearings the better to understand the problem before Congress and determine whether the Act is a reasonable and appropriate means toward its solution. The record is replete with testimony of the burdens placed on interstate commerce by racial discrimination in restaurants. A comparison of per capita spending by Negroes in restaurants, theaters, and like establishments indicated less spending, after discounting income differences, in areas where discrimination is widely practiced. This condition, which was especially aggravated in the South, was attributed in the testimony of the Under Secretary of Commerce to racial segregation. See Hearings before the Senate Committee on Commerce on S. 1732, 88th Cong., 1st Sess., 695. This diminutive spending springing from a refusal to serve Negroes and their total loss as customers has, regardless of the absence of direct evidence, a close connection to interstate commerce. The fewer customers a restaurant enjoys the less food it sells and consequently the less it buys. S. Rep. No. 872, 88th Cong., 2d Sess., at 19; Senate Commerce Committee Hearings, at 207. In addition, the Attorney General testified that this type of discrimination imposed "an artificial restriction on the market" and interfered *300 with the flow of merchandise. Id., at 18-19; also, on this point, see testimony of Senator Magnuson, 110 Cong. Rec. 7402-7403. In addition, there were many references to discriminatory situations causing wide unrest and having a depressant effect on general business conditions in the respective communities. See, e. g., Senate Commerce Committee Hearings, at 623-630, 695-700, 1384-1385.

Moreover there was an impressive array of testimony that discrimination in restaurants had a direct and highly restrictive effect upon interstate travel by Negroes. This resulted, it was said, because discriminatory practices prevent Negroes from buying prepared food served on the premises while on a trip, except in isolated and unkempt restaurants and under most unsatisfactory and often unpleasant conditions. This obviously discourages travel and obstructs interstate commerce for one can hardly travel without eating. Likewise, it was said, that discrimination deterred professional, as well as skilled, people from moving into areas where such practices occurred and thereby caused industry to be reluctant to establish there. S. Rep. No. 872, supra, at 18-19.

We believe that this testimony afforded ample basis for the conclusion that established restaurants in such areas sold less interstate goods because of the discrimination, that interstate travel was obstructed directly by it, that business in general suffered and that many new businesses refrained from establishing there as a result of it. Hence the District Court was in error in concluding that there was no connection between discrimination and the movement of interstate commerce. The court's conclusion that such a connection is outside "common experience" flies in the face of stubborn fact.

It goes without saying that, viewed in isolation, the volume of food purchased by Ollie's Barbecue from sources supplied from out of state was insignificant when *301 compared with the total foodstuffs moving in commerce. But, as our late Brother Jackson said for the Court in Wickard v. Filburn, 317 U.S. 111 (1942):

"That appellee's own contribution to the demand for wheat may be trivial by itself is not enough to remove him from the scope of federal regulation where, as here, his contribution, taken together with that of many others similarly situated, is far from trivial." At 127-128.
We noted in Heart of Atlanta Motel that a number of witnesses attested to the fact that racial discrimination was not merely a state or regional problem but was one of nationwide scope. Against this background, we must conclude that while the focus of the legislation was on the individual restaurant's relation to interstate commerce, Congress appropriately considered the importance of that connection with the knowledge that the discrimination was but "representative of many others throughout the country, the total incidence of which if left unchecked may well become far-reaching in its harm to commerce." Polish Alliance v. Labor Board, 322 U.S. 643, 648 (1944).

With this situation spreading as the record shows, Congress was not required to await the total dislocation of commerce. As was said in Consolidated Edison Co. v. Labor Board, 305 U.S. 197 (1938):

"But it cannot be maintained that the exertion of federal power must await the disruption of that commerce. Congress was entitled to provide reasonable preventive measures and that was the object of the National Labor Relations Act." At 222.
5. The Power of Congress to Regulate Local Activities.

Article I, § 8, cl. 3, confers upon Congress the power "[t]o regulate Commerce . . . among the several States" and Clause 18 of the same Article grants it the power *302 "[t]o make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers . . . ." This grant, as we have pointed out in Heart of Atlanta Motel "extends to those activities intrastate which so affect interstate commerce, or the exertion of the power of Congress over it, as to make regulation of them appropriate means to the attainment of a legitimate end, the effective execution of the granted power to regulate interstate commerce." United States v. Wrightwood Dairy Co., 315 U.S. 110, 119 (1942). Much is said about a restaurant business being local but "even if appellee's activity be local and though it may not be regarded as commerce, it may still, whatever its nature, be reached by Congress if it exerts a substantial economic effect on interstate commerce . . . ." Wickard v. Filburn, supra, at 125. The activities that are beyond the reach of Congress are "those which are completely within a particular State, which do not affect other States, and with which it is not necessary to interfere, for the purpose of executing some of the general powers of the government." Gibbons v. Ogden, 9 Wheat. 1, 195 (1824). This rule is as good today as it was when Chief Justice Marshall laid it down almost a century and a half ago.

This Court has held time and again that this power extends to activities of retail establishments, including restaurants, which directly or indirectly burden or obstruct interstate commerce. We have detailed the cases in Heart of Atlanta Motel, and will not repeat them here.

Nor are the cases holding that interstate commerce ends when goods come to rest in the State of destination apposite here. That line of cases has been applied with reference to state taxation or regulation but not in the field of federal regulation.

The appellees contend that Congress has arbitrarily created a conclusive presumption that all restaurants *303 meeting the criteria set out in the Act "affect commerce." Stated another way, they object to the omission of a provision for a case-by-case determination—judicial or administrative —that racial discrimination in a particular restaurant affects commerce.

But Congress' action in framing this Act was not unprecedented. In United States v. Darby, 312 U.S. 100 (1941), this Court held constitutional the Fair Labor Standards Act of 1938.[2] There Congress determined that the payment of substandard wages to employees engaged in the production of goods for commerce, while not itself commerce, so inhibited it as to be subject to federal regulation. The appellees in that case argued, as do the appellees here, that the Act was invalid because it included no provision for an independent inquiry regarding the effect on commerce of substandard wages in a particular business. (Brief for appellees, pp. 76-77, United States v. Darby, 312 U.S. 100.) But the Court rejected the argument, observing that:

"[S]ometimes Congress itself has said that a particular activity affects the commerce, as it did in the present Act, the Safety Appliance Act and the Railway Labor Act. In passing on the validity of legislation of the class last mentioned the only function of courts is to determine whether the particular activity regulated or prohibited is within the reach of the federal power." At 120-121.
Here, as there, Congress has determined for itself that refusals of service to Negroes have imposed burdens both upon the interstate flow of food and upon the movement of products generally. Of course, the mere fact that Congress has said when particular activity shall be deemed to affect commerce does not preclude further examination by this Court. But where we find that the legislators, in *304 light of the facts and testimony before them, have a rational basis for finding a chosen regulatory scheme necessary to the protection of commerce, our investigation is at an end. The only remaining question—one answered in the affirmative by the court below—is whether the particular restaurant either serves or offers to serve interstate travelers or serves food a substantial portion of which has moved in interstate commerce.

The appellees urge that Congress, in passing the Fair Labor Standards Act and the National Labor Relations Act,[3] made specific findings which were embodied in those statutes. Here, of course, Congress has included no formal findings. But their absence is not fatal to the validity of the statute, see United States v. Carolene Products Co., 304 U.S. 144, 152 (1938), for the evidence presented at the hearings fully indicated the nature and effect of the burdens on commerce which Congress meant to alleviate.

Confronted as we are with the facts laid before Congress, we must conclude that it had a rational basis for finding that racial discrimination in restaurants had a direct and adverse effect on the free flow of interstate commerce. Insofar as the sections of the Act here relevant are concerned, §§ 201 (b) (2) and (c), Congress prohibited discrimination only in those establishments having a close tie to interstate commerce, i. e., those, like the McClungs', serving food that has come from out of the State. We think in so doing that Congress acted well within its power to protect and foster commerce in extending the coverage of Title II only to those restaurants offering to serve interstate travelers or serving food, a substantial portion of which has moved in interstate commerce.

The absence of direct evidence connecting discriminatory restaurant service with the flow of interstate food, *305 a factor on which the appellees place much reliance, is not, given the evidence as to the effect of such practices on other aspects of commerce, a crucial matter.

The power of Congress in this field is broad and sweeping; where it keeps within its sphere and violates no express constitutional limitation it has been the rule of this Court, going back almost to the founding days of the Republic, not to interfere. The Civil Rights Act of 1964, as here applied, we find to be plainly appropriate in the resolution of what the Congress found to be a national commercial problem of the first magnitude. We find it in no violation of any express limitations of the Constitution and we therefore declare it valid.

The judgment is therefore

Reversed.

[For concurring opinion of MR. JUSTICE BLACK, see ante, p. 268.]

[For concurring opinion of MR. JUSTICE DOUGLAS, see ante, p. 279.]

[For concurring opinion of MR. JUSTICE GOLDBERG, see ante, p. 291.]

NOTES

[1] That decision disposes of the challenges that the appellees base on the Fifth, Ninth, Tenth, and Thirteenth Amendments, and on the Civil Rights Cases, 109 U.S. 3 (1883).

[2] 52 Stat. 1060, 29 U.S. C. § 201 et seq. (1958 ed.).

[3] 49 Stat. 449, as amended, 29 U.S. C. § 151 et seq. (1958 ed.).

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text: be

text: applied

text: under

text: the

text: Fourteenth

text: Amendment

text: because

text: it

text: was

text: conceded

text: that

text: the

text: State

text: of

text: Alabama

text: was

text: not

text: involved

text: in

text: the

text: refusal

text: of

text: the

text: restaurant

text: to

text: serve

text: Negroes

text: It

text: was

text: also

text: admitted

text: that

text: the

text: Thirteenth

text: Amendment

text: was

text: authority

text: neither

text: for

text: validating

text: nor

text: for

text: invalidating

text: the

text: Act

text: As

text: to

text: the

text: Commerce

text: Clause

text: the

text: court

text: found

text: that

text: it

text: was

text: an

text: express

text: grant

text: of

text: power

text: to

text: Congress

text: to

text: regulate

text: interstate

text: commerce

text: which

text: consists

text: of

text: the

text: movement

text: of

text: persons

text: goods

text: or

text: information

text: from

text: one

text: state

text: to

text: another

text: and

text: it

text: found

text: that

text: the

text: clause

text: was

text: also

text: a

text: grant

text: of

text: power

text: to

text: regulate

text: intrastate

text: activities

text: but

text: only

text: to

text: the

text: extent

text: that

text: action

text: on

text: its

text: part

text: is

text: necessary

text: or

text: appropriate

text: to

text: the

text: effective

text: execution

text: of

text: its

text: expressly

text: granted

text: power

text: to

text: regulate

text: interstate

text: commerce

text: There

text: must

text: be

text: it

text: said

text: a

text: close

text: and

text: substantial

text: relation

text: between

text: local

text: activities

text: and

text: interstate

text: commerce

text: which

text: requires

text: control

text: of

text: the

text: former

text: in

text: the

text: protection

text: of

text: the

text: latter

text: The

text: court

text: concluded

text: however

text: that

text: the

text: Congress

text: rather

text: than

text: finding

text: facts

text: sufficient

text: to

text: meet

text: this

text: rule

text: had

text: legislated

text: a

text: conclusive

text: presumption

text: that

text: a

text: restaurant

text: affects

text: interstate

text: commerce

text: if

text: it

text: serves

text: or

text: offers

text: to

text: serve

text: interstate

text: travelers

text: or

text: if

text: a

text: substantial

text: portion

text: of

text: the

text: food

text: which

text: it

text: serves

text: has

text: moved

text: in

text: commerce

text: This

text: the

text: court

text: held

text: it

text: could

text: not

text: do

text: because

text: there

text: was

text: no

text: demonstrable

text: connection

text: between

text: food

text: purchased

text: in

text: interstate

text: commerce

text: and

text: sold

text: in

text: a

text: restaurant

text: and

text: the

text: conclusion

text: of

text: Congress

text: that

text: discrimination

text: in

text: the

text: restaurant

text: would

text: affect

text: that

text: commerce

text: The

text: basic

text: holding

text: in

text: Heart

text: of

text: Atlanta

text: Motel

text: answers

text: many

text: of

text: the

text: contentions

text: made

text: by

text: the

text: appellees

text: There

text: we

text: outlined

text: the

text: overall

text: purpose

text: and

text: operational

text: plan

text: of

text: Title

text: II

text: and

text: found

text: it

text: a

text: valid

text: exercise

text: of

text: the

text: power

text: to

text: regulate

text: interstate

text: commerce

text: insofar

text: as

text: it

text: requires

text: hotels

text: and

text: motels

text: to

text: serve

text: transients

text: without

text: regard

text: to

text: their

text: race

text: or

text: color

text: In

text: this

text: case

text: we

text: consider

text: its

text: application

text: to

text: restaurants

text: which

text: serve

text: food

text: a

text: substantial

text: portion

text: of

text: which

text: has

text: moved

text: in

text: commerce

text: The

text: Act

text: As

text: Applied

text: Section

text: a

text: of

text: Title

text: II

text: commands

text: that

text: all

text: persons

text: shall

text: be

text: entitled

text: to

text: the

text: full

text: and

text: equal

text: enjoyment

text: of

text: the

text: goods

text: and

text: services

text: of

text: any

text: place

text: of

text: public

text: accommodation

text: without

text: discrimination

text: or

text: segregation

text: on

text: the

text: ground

text: of

text: race

text: color

text: religion

text: or

text: national

text: origin

text: and

text: b

text: defines

text: establishments

text: as

text: places

text: of

text: public

text: accommodation

text: if

text: their

text: operations

text: affect

text: commerce

text: or

text: segregation

text: by

text: them

text: is

text: supported

text: by

text: state

text: action

text: Sections

text: b

text: and

text: c

text: place

text: any

text: restaurant

text: principally

text: engaged

text: in

text: selling

text: food

text: for

text: consumption

text: on

text: the

text: premises

text: under

text: the

text: Act

text: if

text: it

text: serves

text: or

text: offers

text: to

text: serve

text: interstate

text: travelers

text: or

text: a

text: substantial

text: portion

text: of

text: the

text: food

text: which

text: it

text: serves

text: has

text: moved

text: in

text: commerce

text: Ollie

text: s

text: Barbecue

text: admits

text: that

text: it

text: is

text: covered

text: by

text: these

text: provisions

text: of

text: the

text: Act

text: The

text: Government

text: makes

text: no

text: contention

text: that

text: the

text: discrimination

text: at

text: the

text: restaurant

text: was

text: supported

text: by

text: the

text: State

text: of

text: Alabama

text: There

text: is

text: no

text: claim

text: that

text: interstate

text: travelers

text: frequented

text: the

text: restaurant

text: The

text: sole

text: question

text: therefore

text: narrows

text: down

text: to

text: whether

text: Title

text: II

text: as

text: applied

text: to

text: a

text: restaurant

text: annually

text: receiving

text: about

text: worth

text: of

text: food

text: which

text: has

text: moved

text: in

text: commerce

text: is

text: a

text: valid

text: exercise

text: of

text: the

text: power

text: of

text: Congress

text: The

text: Government

text: has

text: contended

text: that

text: Congress

text: had

text: ample

text: basis

text: upon

text: which

text: to

text: find

text: that

text: racial

text: discrimination

text: at

text: restaurants

text: which

text: receive

text: from

text: out

text: of

text: state

text: a

text: substantial

text: portion

text: of

text: the

text: food

text: served

text: does

text: in

text: fact

text: impose

text: commercial

text: burdens

text: of

text: national

text: magnitude

text: upon

text: interstate

text: commerce

text: The

text: appellees

text: major

text: argument

text: is

text: directed

text: to

text: this

text: premise

text: They

text: urge

text: that

text: no

text: such

text: basis

text: existed

text: It

text: is

text: to

text: that

text: question

text: that

text: we

text: now

text: turn

text: The

text: Congressional

text: Hearings

text: As

text: we

text: noted

text: in

text: Heart

text: of

text: Atlanta

text: Motel

text: both

text: Houses

text: of

text: Congress

text: conducted

text: prolonged

text: hearings

text: on

text: the

text: Act

text: And

text: as

text: we

text: said

text: there

text: while

text: no

text: formal

text: findings

text: were

text: made

text: which

text: of

text: course

text: are

text: not

text: necessary

text: it

text: is

text: well

text: that

text: we

text: make

text: mention

text: of

text: the

text: testimony

text: at

text: these

text: hearings

text: the

text: better

text: to

text: understand

text: the

text: problem

text: before

text: Congress

text: and

text: determine

text: whether

text: the

text: Act

text: is

text: a

text: reasonable

text: and

text: appropriate

text: means

text: toward

text: its

text: solution

text: The

text: record

text: is

text: replete

text: with

text: testimony

text: of

text: the

text: burdens

text: placed

text: on

text: interstate

text: commerce

text: by

text: racial

text: discrimination

text: in

text: restaurants

text: A

text: comparison

text: of

text: per

text: capita

text: spending

text: by

text: Negroes

text: in

text: restaurants

text: theaters

text: and

text: like

text: establishments

text: indicated

text: less

text: spending

text: after

text: discounting

text: income

text: differences

text: in

text: areas

text: where

text: discrimination

text: is

text: widely

text: practiced

text: This

text: condition

text: which

text: was

text: especially

text: aggravated

text: in

text: the

text: South

text: was

text: attributed

text: in

text: the

text: testimony

text: of

text: the

text: Under

text: Secretary

text: of

text: Commerce

text: to

text: racial

text: segregation

text: See

text: Hearings

text: before

text: the

text: Senate

text: Committee

text: on

text: Commerce

text: on

text: S

text: th

text: Cong

text: st

text: Sess

text: This

text: diminutive

text: spending

text: springing

text: from

text: a

text: refusal

text: to

text: serve

text: Negroes

text: and

text: their

text: total

text: loss

text: as

text: customers

text: has

text: regardless

text: of

text: the

text: absence

text: of

text: direct

text: evidence

text: a

text: close

text: connection

text: to

text: interstate

text: commerce

text: The

text: fewer

text: customers

text: a

text: restaurant

text: enjoys

text: the

text: less

text: food

text: it

text: sells

text: and

text: consequently

text: the

text: less

text: it

text: buys

text: S

text: Rep

text: No

text: th

text: Cong

text: d

text: Sess

text: at

text: Senate

text: Commerce

text: Committee

text: Hearings

text: at

text: In

text: addition

text: the

text: Attorney

text: General

text: testified

text: that

text: this

text: type

text: of

text: discrimination

text: imposed

text: an

text: artificial

text: restriction

text: on

text: the

text: market

text: and

text: interfered

text: with

text: the

text: flow

text: of

text: merchandise

text: Id

text: at

text: also

text: on

text: this

text: point

text: see

text: testimony

text: of

text: Senator

text: Magnuson

text: Cong

text: Rec

text: In

text: addition

text: there

text: were

text: many

text: references

text: to

text: discriminatory

text: situations

text: causing

text: wide

text: unrest

text: and

text: having

text: a

text: depressant

text: effect

text: on

text: general

text: business

text: conditions

text: in

text: the

text: respective

text: communities

text: See

text: e

text: g

text: Senate

text: Commerce

text: Committee

text: Hearings

text: at

text: Moreover

text: there

text: was

text: an

text: impressive

text: array

text: of

text: testimony

text: that

text: discrimination

text: in

text: restaurants

text: had

text: a

text: direct

text: and

text: highly

text: restrictive

text: effect

text: upon

text: interstate

text: travel

text: by

text: Negroes

text: This

text: resulted

text: it

text: was

text: said

text: because

text: discriminatory

text: practices

text: prevent

text: Negroes

text: from

text: buying

text: prepared

text: food

text: served

text: on

text: the

text: premises

text: while

text: on

text: a

text: trip

text: except

text: in

text: isolated

text: and

text: unkempt

text: restaurants

text: and

text: under

text: most

text: unsatisfactory

text: and

text: often

text: unpleasant

text: conditions

text: This

text: obviously

text: discourages

text: travel

text: and

text: obstructs

text: interstate

text: commerce

text: for

text: one

text: can

text: hardly

text: travel

text: without

text: eating

text: Likewise

text: it

text: was

text: said

text: that

text: discrimination

text: deterred

text: professional

text: as

text: well

text: as

text: skilled

text: people

text: from

text: moving

text: into

text: areas

text: where

text: such

text: practices

text: occurred

text: and

text: thereby

text: caused

text: industry

text: to

text: be

text: reluctant

text: to

text: establish

text: there

text: S

text: Rep

text: No

text: supra

text: at

text: We

text: believe

text: that

text: this

text: testimony

text: afforded

text: ample

text: basis

text: for

text: the

text: conclusion

text: that

text: established

text: restaurants

text: in

text: such

text: areas

text: sold

text: less

text: interstate

text: goods

text: because

text: of

text: the

text: discrimination

text: that

text: interstate

text: travel

text: was

text: obstructed

text: directly

text: by

text: it

text: that

text: business

text: in

text: general

text: suffered

text: and

text: that

text: many

text: new

text: businesses

text: refrained

text: from

text: establishing

text: there

text: as

text: a

text: result

text: of

text: it

text: Hence

text: the

text: District

text: Court

text: was

text: in

text: error

text: in

text: concluding

text: that

text: there

text: was

text: no

text: connection

text: between

text: discrimination

text: and

text: the

text: movement

text: of

text: interstate

text: commerce

text: The

text: court

text: s

text: conclusion

text: that

text: such

text: a

text: connection

text: is

text: outside

text: common

text: experience

text: flies

text: in

text: the

text: face

text: of

text: stubborn

text: fact

text: It

text: goes

text: without

text: saying

text: that

text: viewed

text: in

text: isolation

text: the

text: volume

text: of

text: food

text: purchased

text: by

text: Ollie

text: s

text: Barbecue

text: from

text: sources

text: supplied

text: from

text: out

text: of

text: state

text: was

text: insignificant

text: when

text: compared

text: with

text: the

text: total

text: foodstuffs

text: moving

text: in

text: commerce

text: But

text: as

text: our

text: late

text: Brother

text: Jackson

text: said

text: for

text: the

text: Court

text: in

text: Wickard

text: v

text: Filburn

text: U

text: S

text: That

text: appellee

text: s

text: own

text: contribution

text: to

text: the

text: demand

text: for

text: wheat

text: may

text: be

text: trivial

text: by

text: itself

text: is

text: not

text: enough

text: to

text: remove

text: him

text: from

text: the

text: scope

text: of

text: federal

text: regulation

text: where

text: as

text: here

text: his

text: contribution

text: taken

text: together

text: with

text: that

text: of

text: many

text: others

text: similarly

text: situated

text: is

text: far

text: from

text: trivial

text: At

text: We

text: noted

text: in

text: Heart

text: of

text: Atlanta

text: Motel

text: that

text: a

text: number

text: of

text: witnesses

text: attested

text: to

text: the

text: fact

text: that

text: racial

text: discrimination

text: was

text: not

text: merely

text: a

text: state

text: or

text: regional

text: problem

text: but

text: was

text: one

text: of

text: nationwide

text: scope

text: Against

text: this

text: background

text: we

text: must

text: conclude

text: that

text: while

text: the

text: focus

text: of

text: the

text: legislation

text: was

text: on

text: the

text: individual

text: restaurant

text: s

text: relation

text: to

text: interstate

text: commerce

text: Congress

text: appropriately

text: considered

text: the

text: importance

text: of

text: that

text: connection

text: with

text: the

text: knowledge

text: that

text: the

text: discrimination

text: was

text: but

text: representative

text: of

text: many

text: others

text: throughout

text: the

text: country

text: the

text: total

text: incidence

text: of

text: which

text: if

text: left

text: unchecked

text: may

text: well

text: become

text: far

text: reaching

text: in

text: its

text: harm

text: to

text: commerce

text: Polish

text: Alliance

text: v

text: Labor

text: Board

text: U

text: S

text: With

text: this

text: situation

text: spreading

text: as

text: the

text: record

text: shows

text: Congress

text: was

text: not

text: required

text: to

text: await

text: the

text: total

text: dislocation

text: of

text: commerce

text: As

text: was

text: said

text: in

text: Consolidated

text: Edison

text: Co

text: v

text: Labor

text: Board

text: U

text: S

text: But

text: it

text: cannot

text: be

text: maintained

text: that

text: the

text: exertion

text: of

text: federal

text: power

text: must

text: await

text: the

text: disruption

text: of

text: that

text: commerce

text: Congress

text: was

text: entitled

text: to

text: provide

text: reasonable

text: preventive

text: measures

text: and

text: that

text: was

text: the

text: object

text: of

text: the

text: National

text: Labor

text: Relations

text: Act

text: At

text: The

text: Power

text: of

text: Congress

text: to

text: Regulate

text: Local

text: Activities

text: Article

text: I

text: cl

text: confers

text: upon

text: Congress

text: the

text: power

text: t

text: o

text: regulate

text: Commerce

text: among

text: the

text: several

text: States

text: and

text: Clause

text: of

text: the

text: same

text: Article

text: grants

text: it

text: the

text: power

text: t

text: o

text: make

text: all

text: Laws

text: which

text: shall

text: be

text: necessary

text: and

text: proper

text: for

text: carrying

text: into

text: Execution

text: the

text: foregoing

text: Powers

text: This

text: grant

text: as

text: we

text: have

text: pointed

text: out

text: in

text: Heart

text: of

text: Atlanta

text: Motel

text: extends

text: to

text: those

text: activities

text: intrastate

text: which

text: so

text: affect

text: interstate

text: commerce

text: or

text: the

text: exertion

text: of

text: the

text: power

text: of

text: Congress

text: over

text: it

text: as

text: to

text: make

text: regulation

text: of

text: them

text: appropriate

text: means

text: to

text: the

text: attainment

text: of

text: a

text: legitimate

text: end

text: the

text: effective

text: execution

text: of

text: the

text: granted

text: power

text: to

text: regulate

text: interstate

text: commerce

text: United

text: States

text: v

text: Wrightwood

text: Dairy

text: Co

text: U

text: S

text: Much

text: is

text: said

text: about

text: a

text: restaurant

text: business

text: being

text: local

text: but

text: even

text: if

text: appellee

text: s

text: activity

text: be

text: local

text: and

text: though

text: it

text: may

text: not

text: be

text: regarded

text: as

text: commerce

text: it

text: may

text: still

text: whatever

text: its

text: nature

text: be

text: reached

text: by

text: Congress

text: if

text: it

text: exerts

text: a

text: substantial

text: economic

text: effect

text: on

text: interstate

text: commerce

text: Wickard

text: v

text: Filburn

text: supra

text: at

text: The

text: activities

text: that

text: are

text: beyond

text: the

text: reach

text: of

text: Congress

text: are

text: those

text: which

text: are

text: completely

text: within

text: a

text: particular

text: State

text: which

text: do

text: not

text: affect

text: other

text: States

text: and

text: with

text: which

text: it

text: is

text: not

text: necessary

text: to

text: interfere

text: for

text: the

text: purpose

text: of

text: executing

text: some

text: of

text: the

text: general

text: powers

text: of

text: the

text: government

text: Gibbons

text: v

text: Ogden

text: Wheat

text: This

text: rule

text: is

text: as

text: good

text: today

text: as

text: it

text: was

text: when

text: Chief

text: Justice

text: Marshall

text: laid

text: it

text: down

text: almost

text: a

text: century

text: and

text: a

text: half

text: ago

text: This

text: Court

text: has

text: held

text: time

text: and

text: again

text: that

text: this

text: power

text: extends

text: to

text: activities

text: of

text: retail

text: establishments

text: including

text: restaurants

text: which

text: directly

text: or

text: indirectly

text: burden

text: or

text: obstruct

text: interstate

text: commerce

text: We

text: have

text: detailed

text: the

text: cases

text: in

text: Heart

text: of

text: Atlanta

text: Motel

text: and

text: will

text: not

text: repeat

text: them

text: here

text: Nor

text: are

text: the

text: cases

text: holding

text: that

text: interstate

text: commerce

text: ends

text: when

text: goods

text: come

text: to

text: rest

text: in

text: the

text: State

text: of

text: destination

text: apposite

text: here

text: That

text: line

text: of

text: cases

text: has

text: been

text: applied

text: with

text: reference

text: to

text: state

text: taxation

text: or

text: regulation

text: but

text: not

text: in

text: the

text: field

text: of

text: federal

text: regulation

text: The

text: appellees

text: contend

text: that

text: Congress

text: has

text: arbitrarily

text: created

text: a

text: conclusive

text: presumption

text: that

text: all

text: restaurants

text: meeting

text: the

text: criteria

text: set

text: out

text: in

text: the

text: Act

text: affect

text: commerce

text: Stated

text: another

text: way

text: they

text: object

text: to

text: the

text: omission

text: of

text: a

text: provision

text: for

text: a

text: case

text: by

text: case

text: determination

text: judicial

text: or

text: administrative

text: that

text: racial

text: discrimination

text: in

text: a

text: particular

text: restaurant

text: affects

text: commerce

text: But

text: Congress

text: action

text: in

text: framing

text: this

text: Act

text: was

text: not

text: unprecedented

text: In

text: United

text: States

text: v

text: Darby

text: U

text: S

text: this

text: Court

text: held

text: constitutional

text: the

text: Fair

text: Labor

text: Standards

text: Act

text: of

text: There

text: Congress

text: determined

text: that

text: the

text: payment

text: of

text: substandard

text: wages

text: to

text: employees

text: engaged

text: in

text: the

text: production

text: of

text: goods

text: for

text: commerce

text: while

text: not

text: itself

text: commerce

text: so

text: inhibited

text: it

text: as

text: to

text: be

text: subject

text: to

text: federal

text: regulation

text: The

text: appellees

text: in

text: that

text: case

text: argued

text: as

text: do

text: the

text: appellees

text: here

text: that

text: the

text: Act

text: was

text: invalid

text: because

text: it

text: included

text: no

text: provision

text: for

text: an

text: independent

text: inquiry

text: regarding

text: the

text: effect

text: on

text: commerce

text: of

text: substandard

text: wages

text: in

text: a

text: particular

text: business

text: Brief

text: for

text: appellees

text: pp

text: United

text: States

text: v

text: Darby

text: U

text: S

text: But

text: the

text: Court

text: rejected

text: the

text: argument

text: observing

text: that

text: S

text: ometimes

text: Congress

text: itself

text: has

text: said

text: that

text: a

text: particular

text: activity

text: affects

text: the

text: commerce

text: as

text: it

text: did

text: in

text: the

text: present

text: Act

text: the

text: Safety

text: Appliance

text: Act

text: and

text: the

text: Railway

text: Labor

text: Act

text: In

text: passing

text: on

text: the

text: validity

text: of

text: legislation

text: of

text: the

text: class

text: last

text: mentioned

text: the

text: only

text: function

text: of

text: courts

text: is

text: to

text: determine

text: whether

text: the

text: particular

text: activity

text: regulated

text: or

text: prohibited

text: is

text: within

text: the

text: reach

text: of

text: the

text: federal

text: power

text: At

text: Here

text: as

text: there

text: Congress

text: has

text: determined

text: for

text: itself

text: that

text: refusals

text: of

text: service

text: to

text: Negroes

text: have

text: imposed

text: burdens

text: both

text: upon

text: the

text: interstate

text: flow

text: of

text: food

text: and

text: upon

text: the

text: movement

text: of

text: products

text: generally

text: Of

text: course

text: the

text: mere

text: fact

text: that

text: Congress

text: has

text: said

text: when

text: particular

text: activity

text: shall

text: be

text: deemed

text: to

text: affect

text: commerce

text: does

text: not

text: preclude

text: further

text: examination

text: by

text: this

text: Court

text: But

text: where

text: we

text: find

text: that

text: the

text: legislators

text: in

text: light

text: of

text: the

text: facts

text: and

text: testimony

text: before

text: them

text: have

text: a

text: rational

text: basis

text: for

text: finding

text: a

text: chosen

text: regulatory

text: scheme

text: necessary

text: to

text: the

text: protection

text: of

text: commerce

text: our

text: investigation

text: is

text: at

text: an

text: end

text: The

text: only

text: remaining

text: question

text: one

text: answered

text: in

text: the

text: affirmative

text: by

text: the

text: court

text: below

text: is

text: whether

text: the

text: particular

text: restaurant

text: either

text: serves

text: or

text: offers

text: to

text: serve

text: interstate

text: travelers

text: or

text: serves

text: food

text: a

text: substantial

text: portion

text: of

text: which

text: has

text: moved

text: in

text: interstate

text: commerce

text: The

text: appellees

text: urge

text: that

text: Congress

text: in

text: passing

text: the

text: Fair

text: Labor

text: Standards

text: Act

text: and

text: the

text: National

text: Labor

text: Relations

text: Act

text: made

text: specific

text: findings

text: which

text: were

text: embodied

text: in

text: those

text: statutes

text: Here

text: of

text: course

text: Congress

text: has

text: included

text: no

text: formal

text: findings

text: But

text: their

text: absence

text: is

text: not

text: fatal

text: to

text: the

text: validity

text: of

text: the

text: statute

text: see

text: United

text: States

text: v

text: Carolene

text: Products

text: Co

text: U

text: S

text: for

text: the

text: evidence

text: presented

text: at

text: the

text: hearings

text: fully

text: indicated

text: the

text: nature

text: and

text: effect

text: of

text: the

text: burdens

text: on

text: commerce

text: which

text: Congress

text: meant

text: to

text: alleviate

text: Confronted

text: as

text: we

text: are

text: with

text: the

text: facts

text: laid

text: before

text: Congress

text: we

text: must

text: conclude

text: that

text: it

text: had

text: a

text: rational

text: basis

text: for

text: finding

text: that

text: racial

text: discrimination

text: in

text: restaurants

text: had

text: a

text: direct

text: and

text: adverse

text: effect

text: on

text: the

text: free

text: flow

text: of

text: interstate

text: commerce

text: Insofar

text: as

text: the

text: sections

text: of

text: the

text: Act

text: here

text: relevant

text: are

text: concerned

text: b

text: and

text: c

text: Congress

text: prohibited

text: discrimination

text: only

text: in

text: those

text: establishments

text: having

text: a

text: close

text: tie

text: to

text: interstate

text: commerce

text: i

text: e

text: those

text: like

text: the

text: McClungs

text: serving

text: food

text: that

text: has

text: come

text: from

text: out

text: of

text: the

text: State

text: We

text: think

text: in

text: so

text: doing

text: that

text: Congress

text: acted

text: well

text: within

text: its

text: power

text: to

text: protect

text: and

text: foster

text: commerce

text: in

text: extending

text: the

text: coverage

text: of

text: Title

text: II

text: only

text: to

text: those

text: restaurants

text: offering

text: to

text: serve

text: interstate

text: travelers

text: or

text: serving

text: food

text: a

text: substantial

text: portion

text: of

text: which

text: has

text: moved

text: in

text: interstate

text: commerce

text: The

text: absence

text: of

text: direct

text: evidence

text: connecting

text: discriminatory

text: restaurant

text: service

text: with

text: the

text: flow

text: of

text: interstate

text: food

text: a

text: factor

text: on

text: which

text: the

text: appellees

text: place

text: much

text: reliance

text: is

text: not

text: given

text: the

text: evidence

text: as

text: to

text: the

text: effect

text: of

text: such

text: practices

text: on

text: other

text: aspects

text: of

text: commerce

text: a

text: crucial

text: matter

text: The

text: power

text: of

text: Congress

text: in

text: this

text: field

text: is

text: broad

text: and

text: sweeping

text: where

text: it

text: keeps

text: within

text: its

text: sphere

text: and

text: violates

text: no

text: express

text: constitutional

text: limitation

text: it

text: has

text: been

text: the

text: rule

text: of

text: this

text: Court

text: going

text: back

text: almost

text: to

text: the

text: founding

text: days

text: of

text: the

text: Republic

text: not

text: to

text: interfere

text: The

text: Civil

text: Rights

text: Act

text: of

text: as

text: here

text: applied

text: we

text: find

text: to

text: be

text: plainly

text: appropriate

text: in

text: the

text: resolution

text: of

text: what

text: the

text: Congress

text: found

text: to

text: be

text: a

text: national

text: commercial

text: problem

text: of

text: the

text: first

text: magnitude

text: We

text: find

text: it

text: in

text: no

text: violation

text: of

text: any

text: express

text: limitations

text: of

text: the

text: Constitution

text: and

text: we

text: therefore

text: declare

text: it

text: valid

text: The

text: judgment

text: is

text: therefore

text: Reversed

text: For

text: concurring

text: opinion

text: of

text: MR

text: JUSTICE

text: BLACK

text: see

text: ante

text: p

text: For

text: concurring

text: opinion

text: of

text: MR

text: JUSTICE

text: DOUGLAS

text: see

text: ante

text: p

text: For

text: concurring

text: opinion

text: of

text: MR

text: JUSTICE

text: GOLDBERG

text: see

text: ante

text: p

text: NOTES

text: That

text: decision

text: disposes

text: of

text: the

text: challenges

text: that

text: the

text: appellees

text: base

text: on

text: the

text: Fifth

text: Ninth

text: Tenth

text: and

text: Thirteenth

text: Amendments

text: and

text: on

text: the

text: Civil

text: Rights

text: Cases

text: U

text: S

text: Stat

text: U

text: S

text: C

text: et

text: seq

text: ed

text: Stat

text: as

text: amended

text: U

text: S

text: C

text: et

text: seq

text: ed