Student Project: Civil Rights Under the Commerce Clause: Secondary Sources

Validity, construction, and application of § 201(b)(1) and related provisions of the Civil Rights Act of 1964 (42 U.S.C.A. § 2000a(b)(1)), prohibiting discrimination or segregation in inns, hotels, motels, or other establishments providing lodging to transient guests

Validity, construction, and application of § 201(b)(2) and related provisions of the Civil Rights Act of 1964 (42 U.S.C.A. § 2000a(b)(2)), prohibiting discrimination or segregation in restaurants, cafeterias, and other such facilities principally engaged in selling food for consumption on the premises, and in gasoline stations

Constitutionality of "civil rights" legislation by state

Modern Constitutional Law: The Commerce Clause and Equal Protection by William J. Rich

"Because the Commerce Clause is rooted in congressional power, it also offers a political alternative for the litigants that is not generally available when the Supreme Court issues opinions based on the Equal Protection Clause. Generally, parties who fail in their effort to challenge or defend state legislation under the Commerce Clause remain free to press their claims with Congress, and Congress may exercise its power to effectively reverse the outcome of a Supreme Court decision." § 20:3.The Commerce Clause and equal protection, 1 Modern Constitutional Law § 20:3 (3rd ed.)

Modern Constitutional Law: Protection against discrimination based upon race and poverty

"...the Justices chose to use the Commerce Clause to give nonresident indigents an equal opportunity to appreciate life in California."

"Five years later, after the Supreme Court decision in Edwards, the Justices again used the Commerce Clause to accord equal protection in movement across state lines, this time to African Americans rather than indigents. " § 20:5.Protection against discrimination based upon race and poverty, 1 Modern Constitutional Law § 20:5 (3rd ed.)

"An air carrier or foreign air carrier may not subject a person in air transportation to discrimination on the basis of race, color, national origin, religion, sex, or ancestry."