In the latest episode of The Legal Zone, joining us today for our first guest during Black History Month is Minister Kwame Ronnie Vandehorst. He is the Cofounder of Prepare our Youth based in Washington, D.C. and has written 8 books and is in the process of writing 5 more. Today, he will be joining our panel to discuss some of the injustices Black men have experienced over the years.
In this weeks teachable moments:
The rights and liberties protected by the Constitution require a showing of "state action." The Constitution, for the most part, protects people against the government and the State, NOT AGAINST PRIVATE CITIZENS.
The 13th Amendment, however, outlawed slavery---and all "badges and incidents of slavery." It outlaws slavery by the government AND private citizens. Well, what does that mean? What it does NOT mean is racial discrimination. Racial discrimination is not outlawed by the 13th Amendment.
So what protects private companies from ---say refusing to serve black customers?
The Commerce Clause:
What is the Commerce Clause?
The Commerce Clause is one of the most powerful clauses in the Constitution. Under the Commerce Clause, racial discrimination in restaurants, hotels and pretty much anywhere that money is exchanged is prohibited because it has a significant impact on interstate commerce.
If you see a question dealing with racial discrimination in a private store, know that this will be prohibited under the Commerce Clause. See Katzenbach v. McClung, 376 U.S. 294 (1964).
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Attorney John Salatti
Dr. Arlena Cheney
Attorney Solon Phillips
Minister Kwame Ronnie Vandehorst
Visit his organization at https://www.prepareouryouth.org.
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