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Original Knights Of The Ku Klux — Part 1
Page 156
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injunctions against klans and klansmen engaged in intimidation and
violence burdening commerce. United States v. S.307Klans, ID. ALE
1961, 194 F. Supp..697; Plummer v. Brock, M.D-Fla. 1964, 9 R.Rel.L.
Rep, 1399. Sea also United States v. City of Jackson, 5 Cir. 1963,
318 F.2d. i.
+
(3) The Civil Rights Act of 1964: Eoual Employment Oppor-
tunities. Title VII, like Title II, is based upon the commerce
clause. The term “industry affecting commerce" used in Title Vil
parallels the definition of “industry affecting commerce" in the
EMRDA (29 U.S.C, 402 (c})). This in turn incorporates the definition
of “affecting commerce” in the NLRA (29 U.S.C. 152 (7)}. “the |
National Labor Relations Act represents an exercise of congressional
regulatory power to “the fullest jurisdictional breadth constitu-
tionally permissible under the Commerce Clause," NLRB v. Reliance
_Puel Corp., 1963, 371 U.S. 224, 225; Polish National Alliance v.
NLRB, 1944, 322-U.S. 643, 647, a conclusion equally applicable to
Title VII.
The sweeping regulations in the XLRA and LMRDA covering the
terms, conditions, and policies of hiring and bargaining do not
differ in any essential respect from this legislation prohibiting
discrimination in hiring practices and on the job assignments. The
employer~employee relationship has, of course, direct effect upon
the production of industries which are in commerce and upon the
practical utilization of the labor force and the power of Congress
na
to regulate these activities cannot be doubted, NLRB v. Jones &
Laughlin Steel Corp., 1936, 301 U.S. 1; NERS v. Fainblatt, 1939,
ae
306 U.S. 301, 606; Mabee v. White Plains Publishing Co., 1946, 327
U.s. 178.
Defendants admit that they beat and threatened Negro pickets
to preven: them from enjoying the rignt,jequal employment opportunity.
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