The Heart of Atlanta Hotel brought an action against the United States seeking a judgment that would declare Title II of the Civil Rights Act of 1964 unconstitutional.

Congress’s power to enact the Civil Rights Act is based upon Article I, Section 8, Clause 3, which gives Congress the power to regulate commerce among the states. The Heart of Atlanta Hotel argued that the statute was an unconstitutional extension of congressional power. The hotel also contended that the unconstitutional nature of the act especially applied to establishments like itself, which are incorporated and do business in only one state. However, because at any given time, three fourths of the hotel’s registered guests came from other states, the hotel clearly had an impact on interstate commerce. Do the lower federal courts have the authority to determine the constitutionality of Title II of the Civil Rights Act? What court has the ultimate authority to determine the constitutionality of the Civil Rights Act? Speculate on the outcome of this case. Do you think that the court should uphold the act? Explain. Heart of Atlanta Hotel v. United States, 370 U.S. 241 (U.S. Sup. Ct.).