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An Introduction to Constitutional Law » Katzenbach v. McClung

An introduction to Constitutional Law 100 Supreme Court cases everyone should know

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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