Article Critique On Legal Issues

Posted on: 3rd July 2023

Question

1. Format

o Typed - in Times New Roman 12 pt. font (3 pts.)

o Length – No less than 500 words and no more than 1000 words (3 pts.)

o Begin Reply with – first name initial followed by the last name of the classmate

that you are replying to (i.e., "J. Smith") (3 pts.)

2. Reply

o State whether you agree or disagree with your classmate’s answer (15 pts.) o Provide your rationale/reasons supporting (the “Why”) you agree or disagree

with classmate’s answer (15 pts.).

30

3. Citation – Citations

o At least 4 in-discussion citations to sources/authorities on the subject in modified-

APA format (author’s last name, year, & page #) (2 pts.), and

o At least one of which is to the course text in modified-APA format (author’s last

name, year, & page #) (2 pts.), and\

o In modified (author’s last name, year & include page #) APA format (2 pts.).

The Title II of the Civil Rights Act of 1964 states under "42 U.S.C. §2000a (a) All persons shall be entitled to the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of any place of public accommodation, as defined in this section, without discrimination on the ground of race, color, religion, or national origin." (The United States Department of Justice, n.d).

Moreton Rolleston, Jr of Atlanta, Georgia, an appellant for the Supreme Court's case Heart of Atlanta Motel, Inc. v. United States et al., owns the Heart of Atlanta Motel, which offered 216 rooms for transient guests. The motel is accessible to interstate highways 75 and 85 and state highways 23 and 41, on which approximately 75% of its guests are from out of Georgia State. Before passage of the Civil Rights Act of 1964, the motel owner refused to rent rooms to Black Americans, and it alleged that it intended to continue to do so (Heart of Atlanta Motel, Inc. v. United States, 1964).

According to McClain (2011), the appellant challenged the Title II of the Civil Rights Act of 1964, banning racial discrimination in public places. The appellant argued that Congress exceeded its powers under the Commerce Clause. Also, the Act violated his Fifth Amendment of deprived him of the right to choose his hotel occupants and operate his business as he wishes, taking his liberty and property rights. The appellant also argued that his Thirteenth Amendment was violated by requiring him to provide rooms to Black Americans against his will, subjecting it to involuntary servitude (p. 85). The United States or appellees counter that refusing accommodation to Black Americans interferes with interstate travel. Under the Commerce Clause, Congress has the power to remove such obstructions and restraints (Morgan, 2019, p. 125).

The United States Supreme Court, with 9-0 opinion, unanimously affirmed Congress's power under the Commerce Clause to regulate the motel's operations. The Court rejected the appellant's claim that his Fifth Amendment is violated, saying "Congress had a rational basis for finding that racial discrimination by motels affected commerce and the appellant has no 'right' to select its guests as it sees fit, free from governmental regulation" (McClain, 2011, p. 108). According to Tarlton Law Library (2021), the government argued that the appellant's Thirteenth Amendment is not violated because this only applies to slavery and the removal of disabilities associated with slavery.

I agree with the Court's decision on giving the Congress powers under the Commerce Clause to allow the appellant to abide by Title II of the Civil Rights Act, to prohibit the discrimination of Black Americans in renting out rooms to the hotel. The strategic location of the hotel affects interstate commerce. The hotel is advertised nationally through various media, with the intended customers targeted for out-of-state guests. Travelers across the country come from all walks of life. Refusing rooms specifically to Black Americans caused a burden with interstate travel and discrimination, violating the Title II of the Civil Rights Act. The appellants claimed that his Thirteenth and Fifth Amendments were never violated in this specific case.

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Solution

Article Critique

Classmate’s Name:

Position: Truly, I agree with my classmate’s answer.

Basis or Rationale for my Position

The ruling by the Supreme Court affirms the rationale for my support to my classmate’s view. Indeed, the Supreme Court of the United States delivered the landmark ruling while basing its position on the power granted to the United States Congress to act within the provisions of the Commerce Clause (McGoldrick Jr, 2019). The constitutional clause compels the appellant to comply with the provisions stipulated under Title II associated with the Civil Rights Act. As such, the Title II strongly prohibits the act of discrimination against the members of the black community or the Black Americans in the process of renting out rooms within the hotel (Quick, 1964). I agree with the view.

Fundamentally, the 1964 Act on Civil Rights states that all individuals have been granted the right to complete and equal consumption or enjoyment of services, goods, privileges, facilities, advantages, privileges, and accommodations within any facility offering public accommodation as clearly stipulated in the law without prejudice, discrimination or bias on the basis of national origin, color, religion or race (Hammond et al., 2020). The Department of Justice in the United States, acting on the guidelines provided in the constitution had made the details of Title II of the Civil-Rights-Act of 1964 available to the public; thus, the appellant should have acted within the precincts of the provision in law (Humphrey, 1997). Indeed, the action of the Congress in using the Commerce Clause is in line with the provisions in the United States Constitution.

I agree with my classmate’s position that the decision by the appellant to deny Black Americans from accessing hotel rooms on the basis of their race was an act in violation of the constitution. In essence, the motel had a strategic location that allows high accessibility from interstate highways (75 and 85) and state highways (23 and 41) (Humphrey, 1997). Therefore, the limitation to entry or bookings of the hotel rooms on the grounds of race whereby the black community members are denied entry would greatly interfere with interstate commerce (Goldstein, 2004). Admittedly, a high number of the customers to the motel are from the State of Georgia which is a multiracial state; hence, the decision by the appellant to refuse the Black Americans from renting out rooms would cause division by weakening the social fabric through racial discrimination (McGoldrick Jr, 2019). The practice of racial discrimination has been banned by the constitution of the United States under Title II of the Civil-Rights-Act enacted in 1964. In the provision, my classmate observes that discrimination on the basis of color, nationality, and race for persons intending to access public accommodation services such as renting out rooms in a motel are outlawed in the provision.

I strongly support my classmate on the ground that the move by the Congress in response to the complaint launched by the appellant was lawful and appropriate since it was founded on the Commerce Clause stated in the provisions of Title II of the Civil-Rights-Act of 1964 (Hammond et al., 2020). Indeed, the appellant had argued that the Congress had acted ultra-vires or beyond its authority or power; however, after the ruling by the Supreme Court of the United States, it was evident that the decision or interpretation by the Congress was correct (Humphrey, 1997). Further, the Court’s ruling helped to dispel the claims by the appellant that his Fifth and Thirteenth Amendments had been violated by being compelled to allow the black Americans to book rooms in his motel, and the move was against his will (McGoldrick Jr, 2019). However, the provisions stipulated in the Commerce Clause quashed his claims. 

References

Goldstein, J. K. (2004). Constitutional Dialogue and the Civil Rights Act of 1964. Louis ULJ, 49, 1095.

Hammond, J. H., Massey, A. K., & Garza, M. A. (2020). African American Inequality in the United States. Harvard Business School.

Humphrey, H. H. (1997). The Civil Rights Act of 1964: The passage of the law that ended racial segregation. SUNY Press.

McGoldrick Jr, J. M. (2019). The Commerce Clause, the Preposition, and the Rational Basis Test. U. Mass. L. Rev., 14, 182.

Quick, H. T. (1964). Public Accommodations: A Justification of Title II of the Civil Rights Act of 1964. W. Res. L. Rev., 16, 660.

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