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

• A. The Enabling Clause
• B. The Commerce Clause
• C. The Takings Clause
• D. The Contracts Clause

Answer: (B)

The power being tested is Congress’s authority to regulate activities that affect interstate commerce. The Commerce Clause allows Congress to reach private acts that have a substantial effect on the flow of goods, people, and services between states. Discrimination by private actors in areas like hotels, restaurants, or other services used by travelers can impede interstate commerce, so Congress can prohibit such discrimination under this clause. That justification is why federal civil rights laws banning private racial discrimination in interstate businesses were upheld.

The other clauses address different topics: the Enabling Clause relates to Congress enforcing constitutional rights but isn’t the primary basis for regulating private discrimination in commerce; the Takings Clause protects against government taking private property without just compensation; the Contract Clause restricts states from impairing contracts.