1. In your judgment, does the Commerce Clause afford the federal government the authority to regulate a local business like the Heart of Atlanta motel? Explain.
2. Should the federal government regulate local business to further the cause of racial equity? Explain.
3. What arguments were offered by the government to establish that the Heart of Atlanta racial policy affected interstate commerce? Are you persuaded by those arguments? Explain. 4. What test did the Court articulate to determine when Congress has the power to pass legislation based on the Commerce Clause?
5. Ollie’s Barbecue, a neighborhood restaurant in Birmingham, Alabama, discriminated against black customers. McClung brought suit to test the application of the public accommodations section of the Civil Rights Act of 1964 to his restaurant. In the suit, the government offered no evidence to show that the restaurant ever had served interstate customers or that it was likely to do so. Decide the case.
6. Juan Paul Robertson was charged with various narcotics offenses and with violating the federal Racketeer Influenced and Corrupt Organizations Act (RICO) by investing the proceeds from his unlawful activities in an Alaskan gold mine. He paid for some mining equipment in Los Angeles and had it shipped to Alaska. He hired seven out-of-state employees to work in the Alaskan mine. Most of the resulting gold was sold in Alaska, although Robertson transported $30,000 in gold out of the state. He was convicted on the RICO charge, but appealed claiming that the gold mine was not engaged in or affecting interstate commerce. Was Robertson’s gold mine engaged in or affecting interstate commerce? Explain.