Bar Exam Uniform Quiz
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CONSTITUTIONAL LAW
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Congress passes the 'Fair Employment Act,' which explicitly prohibits racial discrimination in the formation and enforcement of private employment contracts. The Act applies to all private employers in the nation, regardless of their size or connection to interstate commerce. An owner of a small, local bakery with three employees refuses to hire an applicant because of their race. The applicant sues the owner in federal court under the Act. The owner moves to dismiss, arguing that Congress has no authority to regulate her hiring decisions.
What is the strongest constitutional justification for the 'Fair Employment Act'? Select one.
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