Recall that Congress must have an enumerated power to act. In the Civil Rights Cases, the United States Supreme Court ruled that Congress could not regulate private conduct under the 14th Amendment. Additionally, cases like United States v. Morrison and United States v. Lopez placed limits on Congress’ ability to govern issues that are not clearly part of interstate commerce, or do not have a substantial effect on interstate commerce.
Step Two: Answer the following:
1. How do these decisions impact Congress’ ability to address multiculturalism and diversity in the private sector, such as in private employment, and other private activities?
2. What are some ways that Congress may be able to use its powers under the Taxing and Spending Clause to address the issues in ways that it could not under its 14th Amendment and Commerce Clause powers?
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