Power of Congress To Enforce Civil Rights
- Heart of Atlanta Motel, Inc. v. United States, 379 U.S. 241 (1964) Interstate commerce, and hence the Federal Civil Rights Act of 1964 (prohibiting discrimination against blacks) applies to places of public accommodation patronized by interstate travelers.
- Katzenbach v. McClung, 379 U.S. 294 (1964), 379 U.S. 802 (1964) The power of Congress to regulate interstate commerce (Article I, section 8) extends to a restaurant not patronized by interstate travelers, but which serves food that has moved in interstate commerce. This ruling makes the Civil Rights Act of 1964 apply to virtually all businesses.
- City of Boerne v. Flores, 521 U.S. 507 (1997). The enforcement clause of the 14th Amendment does not permit Congress to substantially increase the scope of the rights determined by the Judiciary. (here, the Religious Freedom Restoration Act of 1993), but can only enact legislation that remedies or prevents actual violations of existing Court-determined rights.
Read more about this topic: List Of Landmark Court Decisions In The United States, Individual Rights
Famous quotes containing the words civil rights, power of, power, congress, enforce, civil and/or rights:
“If we love-and-serve an ideal we reach backward in time to its inception and forward to its consummation. To grow is sometimes to hurt; but who would return to smallness?”
—Sarah Patton Boyle, U.S. civil rights activist and author. The Desegregated Heart, part 3, ch. 3 (1962)
“But, with whatever exception, it is still true that tradition characterizes the preaching of this country; that it comes out of the memory, and not out of the soul; that it aims at what is usual, and not at what is necessary and eternal; that thus historical Christianity destroys the power of preaching, by withdrawing it from the exploration of the moral nature of man; where the sublime is, where are the resources of astonishment and power.”
—Ralph Waldo Emerson (18031882)
“I, who cannot stay in my chamber for a single day without acquiring some rust,... confess that I am astonished at the power of endurance, to say nothing of the moral insensibility, of my neighbors who confine themselves to shops and offices the whole day for weeks and months, aye, and years almost together. I know not what manner of stuff they are of,sitting there now at three oclock in the afternoon, as if it were three oclock in the morning.”
—Henry David Thoreau (18171862)
“The veto is a Presidents Constitutional right, given to him by the drafters of the Constitution because they wanted it as a check against irresponsible Congressional action. The veto forces Congress to take another look at legislation that has been passed. I think this is a responsible tool for a president of the United States, and I have sought to use it responsibly.”
—Gerald R. Ford (b. 1913)
“It is so manifestly incompatible with those precautions for our peace and safety, which all the great powers habitually observe and enforce in matters affecting them, that a shorter water way between our eastern and western seaboards should be dominated by any European government, that we may confidently expect that such a purpose will not be entertained by any friendly power.”
—Benjamin Harrison (18331901)
“Now for civil service reform. Legislation must be prepared and executive rules and maxims. We must limit and narrow the area of patronage. We must diminish the evils of office-seeking. We must stop interference of federal officers with elections. We must be relieved of congressional dictation as to appointments.”
—Rutherford Birchard Hayes (18221893)
“... in 1950 a very large slice of the white South stood at the crossroads in its attitude toward its colored citizens and [was] psychologically capable of turning either way.”
—Sarah Patton Boyle, U.S. civil rights activist and author. The Desegregated Heart, part 1, ch. 8 (1962)