FULLILOVE v. KLUTZNICK

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Case Basics
Docket No. 
78-1007
Petitioner 
Fullilove
Respondent 
Klutznick
Advocates
(Argued the cause for Fullilove et al)
(Argued the cause for General Building Contractors of New York State, Inc)
(Argued the cause for the respondents)
Tags
Term:
Location: Congress
Facts of the Case 

In 1977, Congress enacted legislation requiring that at least 10 percent of federal funds granted for local public works programs had to be used to obtain services or supplies from businesses owned by minority group members. H. Earl Fullilove and other contractors filed suit, claiming they had been economically harmed by the enforcement of the statute. The defendant was Philip M. Klutznick, Secretary of Commerce.

Question 

Did the provision of the statute for minority business enterprises violate the Equal Protection Clause of the Fourteenth Amendment?

Conclusion 
Decision: 6 votes for Klutznick, 3 vote(s) against
Legal provision: 91 Stat. 116

No. The Court held that the minority set-aside program was a legitimate exercise of congressional power. The Court found that Congress could pursue the objectives of the minority business enterprise program under the Spending Power. The plurality opinion noted that Congress could have regulated the practices of contractors on federally funded projects under the Commerce Clause as well. The Court further held that in the remedial context, Congress did not have to act "in a wholly 'color-blind' fashion."

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FULLILOVE v. KLUTZNICK. The Oyez Project at IIT Chicago-Kent College of Law. 23 October 2014. <http://www.oyez.org/cases/1970-1979/1979/1979_78_1007>.
FULLILOVE v. KLUTZNICK, The Oyez Project at IIT Chicago-Kent College of Law, http://www.oyez.org/cases/1970-1979/1979/1979_78_1007 (last visited October 23, 2014).
"FULLILOVE v. KLUTZNICK," The Oyez Project at IIT Chicago-Kent College of Law, accessed October 23, 2014, http://www.oyez.org/cases/1970-1979/1979/1979_78_1007.