Which clause empowers Congress to prohibit private racial discrimination via interstate commerce?

Which clause empowers Congress to prohibit private racial discrimination via interstate commerce?

• A. Commerce Clause
• B. Enabling Clause
• C. Takings Clause
• D. Contract Clause

Answer: (A)

The main idea is that Congress can use its power over interstate commerce to prevent private racial discrimination when such discrimination affects the flow of goods, people, or services between states. The Commerce Clause authorizes Congress to regulate commerce among the states, and the Supreme Court has affirmed that private discriminatory practices in places that affect interstate travel or trade can be prohibited as part of regulating that commerce. This is the basis used to pass and uphold federal civil rights laws, such as prohibiting discrimination in public accommodations, because discrimination by private actors can burden interstate commerce across state lines. The other clauses don’t provide that authority. The Takings Clause concerns when the government takes private property for public use and requires just compensation, not civil rights regulation. The Contract Clause limits states from impairing contracts, not federal regulation of private conduct in commerce. The Enabling Clause, while related to enforcement powers in some contexts, is not the primary basis for Congress to ban private discrimination in interstate commerce.

The main idea is that Congress can use its power over interstate commerce to prevent private racial discrimination when such discrimination affects the flow of goods, people, or services between states. The Commerce Clause authorizes Congress to regulate commerce among the states, and the Supreme Court has affirmed that private discriminatory practices in places that affect interstate travel or trade can be prohibited as part of regulating that commerce. This is the basis used to pass and uphold federal civil rights laws, such as prohibiting discrimination in public accommodations, because discrimination by private actors can burden interstate commerce across state lines.

The other clauses don’t provide that authority. The Takings Clause concerns when the government takes private property for public use and requires just compensation, not civil rights regulation. The Contract Clause limits states from impairing contracts, not federal regulation of private conduct in commerce. The Enabling Clause, while related to enforcement powers in some contexts, is not the primary basis for Congress to ban private discrimination in interstate commerce.