Atlanta Motel Case Study

The heart of Atlanta Motel v United States was a very sensitive case during the 60’s with uprising of racial equality & separation. Under commerce clause with Title II of the 1964 Civil Rights Act shows congress didn’t unconstitutionally exceeded its power. The civil rights act of 1875 was a generic regulation that didn’t help race relations in the US against minority rights and race relations. White individual took advantage over black’s perpetuated inferior accommodations, entitlement, and services. The owner ignored the federal commerce clause and due process and based his action on his personal opinion and outspoken treatment of blacks at that time. The facts are that the appellant owns and operates the heart of Atlanta Motel which has 216 rooms available to non-blacks guest. The motel was readily accessible to motorist using United States interstate highways 75 and 85 and Georgia highway 23 and 41. Approximately 75 percent of the motel’s registered guest was from out of state. The federal government has laws and regulations to fight against racial discrimination in the United States. I believe if we try this today with social media that their business and anyone like it will loss business and boycott against. The purpose of opening a business is to make a profit, eliminate any legal action, and appeal to more paying customers regardless of your race, color, religion, sex, or national origin, according

“Federalism, central to the constitutional design, adopts the principle that both the National and State Governments have elements of sovereignty the other is bound to respect.” Arizona v. United States, 132 S. Ct. 2492, 2500 (2012). The Supremacy Clause provides a clear rule that federal law “shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.” Art. VI, cl. 2. Under this standard, Congress has the power to preempt state law. Arizona, 132 S. Ct. at 2495; Crosby v. National Foreign Trade Council, 530 U.S. 363, 372 (2000); Gibbons v. Ogden, 9 Wheat. 1, 210–211 (1824). However, it is assumed that historic State police powers are not superseded “unless that was the clear and manifest purpose of Congress.” Arizona, 132 S. Ct. at 2501; Rice v. Santa Fe Elevator Corp., 331 U.S. 218, 230 (1947).

The issue here becomes whether the court’s decision was the right one or if they could have come up with a different decision had the case been studied from different perspectives making the decision wrong. Both arguments (for and against the Court’s decision) are discussed below, but I personally believe that court’s decision was the only right one to make.

Does the Supreme Court have the right to use the Commerce Clause, under Article I Section VIII, when dealing with the constitutional right of interstate commerce?

It strengthened Congress’ power to regulate interstate commerce. It was between two ferry owners from New York. The state gave Ogden a license to work on the river, so Gibbons took the case to the Supreme Court, because he had a license from Congress. The Court ruled in favor of Gibbons because Congress has power to regulate interstate

of an expert, the religious beliefs and lifestyle of the respondents not only must remain

Though there are a plethora of Supreme Court cases relying on the dormant Commerce Clause to invalidate state laws in order to uphold a national free market, there is also a long history of dissenting justices in dormant Commerce Clause cases. For instance, Justices Antonin Scalia and Clarence Thomas commonly criticize the dormant Commerce Clause in their opinions. This lack of cohesion among Justices over the very existence of the legal concept makes it challenging for states to determine whether they are crafting Constitutional legislation and difficult for district and appeals judges to decide cases.

A reason I think this is one of my favorite case is because this is one of the earlier cases of Judicial Activism. I tend to agree with Holmes’ dissent more because he argues that the constitution should not be used to limit governmental regulation under the guise of the 14th amendment to promote a Laissez-fair form of economics. “But a constitution is not intended to embody a particular economic theory, whether or paternalism and the organic relation of the citizen to the state or laissez-fair” (Lochner 813). He states that “Every opinion tends to become a law. I think that the word liberty in the Fourteenth Amendment is perverted when it is held to prevent the natural outcome of a dominant opinion….” (Lochner 813). He disagreed with the majority Justice’s conclusion that creates law from the bench. It is the job of the legislature to create laws

Bronx Motel Lingers is located in my neighborhood, and it might be one the reasons why prostitutes are lingering around my neighborhood. According to the New York Times article “A Murder at a Bronx Motel Lingers, Three Years Later” states Anthony Martino AKA J.J was murder at in one of the rooms. A woman told the police she had been with him earlier, and that he had been alive when she left. She also, told the police that she was a prostitute and he was her pimp. The murder investigation would eventually lead to a man from Boston, Samuel L. Whiteside. He was a pimp and had been running prostitutes since at least January 2012. Whiteside been getting girls from all over Rhode Island, New Jersey, Illinois and New York. When the girl arrived

The Dormant Commerce Clause affects state laws that might impede on Federal Commerce power. Any validly enacted federal law will trump any state law, this is not the case here because Congress has not taken action that might override or preempt State action under the Supremacy Clause. Western. When a state regulates non-discriminatorily for the achievement of a legitimate local purpose that affects interstate commerce, the state action is constitutional unless the burden(s) of the regulation outweigh the benefit(s). Philadelphia.

The Court was presented with a case that placed state interests in the Tenth Amendment in direct conflict with the Constitution and the Necessary and Proper Clause. In, McCulloch v. Maryland (1819) Justice Marshall argued that Maryland does not have the power to tax a Federal Bank by stating, “[We conclude] that the states have no power, by taxation or otherwise, to retard, impede, burden, or in any manner control, the operations of the constitutional laws enacted by Congress to carry into execution the powers vested in the general government.” Citing the Supremacy Clause, Marshall reasoned that it was the job of the Federal Government to strike down laws that threaten the Constitution. Marshall was aware of the possible abuse of the Necessary and Proper Clause and knew that there would be instances where States would try and act out of self interest when there was ambiguities about powers not expressed in the Constitution. In all reality, States should not be allowed to act independently in a federal system and interfere with national interest. One need only look at the Confederacy in the Civil War Era to see the fragmentation of the states when they wanted to ‘act out of self

Facts: The Heart of Atlanta Motel had 216 rooms available to its guests. Appellant, the owner of the heavily populated motel in Atlanta, Georgia, limits their patron list to Caucasians only. Appellant put many advertisement ads into magazines and radio shows to attract those visiting Georgia to stay in the motel. Many African Americans would come to his motel asking to buy a room for the night. But, he wanted the choice of deciding who had the opportunity to stay in the hotel. He did not want African Americans staying in the motel because of personal reasons. Appellant filled a suit in court on the bases that the Civil Rights Act of 1964, that prohibited racial discrimination in places of public accommodation affecting commerce exceeded congress’s enumerated powers under the Commerce Clause and violated other parts of the Constitution. The African Americans, appellees ', counterclaim, decreed that appellant permanently stop refusing to accommodate to Negro guests for personal racial issues/reasons. The appellant disputes that Congress, in passing this Act, exceeded its enumerated powers to regulate commerce under article one of the Constitution of the United States. That the Act violates the Fifth Amendment because appellant is deprived of the right to choose its customers and operate its business as it wishes, resulting in a taking of his personal liberty and property without due process of law. And by requiring appellant to rent available rooms to Negroes against its

he insured, Shree Krishna, Inc. DBA, Harbor Inn & Suites Motel has owned this property for four years. Insured occupies no portion of the premises, but does employ an on -site resident manager. The property contains 39 motel rooms. Upstairs rooms are accessed by an exterior staircase. There is a large open parking lot on the property. There is no swimming pool or other recreational facilities. The building is approximately 55 years old. Insured stated that the roof was updated with new underlayment, flashing and asphalt shingles in 2014, but no recent upgrades have been made to the plumbing or HVAC systems.

Because we live in a time where there are so many technological advances, no one would imagine that one in fifty children are homeless. However, for the people in Orange County living in the motel, this is a reality. Improving their lives will take a concerted effort from both those living there and from others who have the time and resources. Here are some ways that the lives of the motel people can be improved.

The land for the operation of a lodging facility has been considered with regards to access of the hotel, potential hazards, availability utilities, a potential for flooding and other concerns to those traveling to and from, as well as staying or operating the lodging facility. The consideration of the site is an important first step to undertake to determine the feasibility of this hotel. This conclusion of this stage will determine if the site will be appropriate to accommodate the construction and operations of a lodging facility. We will consider the appraisal that was supplied to us from the clients for this section as well as information provided by FEMA, Tallahassee Property Appraiser and Google maps for purposes of provide a visual