I believe once again shag, it is the commerce clause -
You might not agree with how the Congress interprets the commerce clause - but the Supreme Court has agreed with Congress with regards to the CRA.
Since you have graduated, and probably are on your way to law school, how about doing what Thurgood Marshall and others did. You can devote a lifetime to righting a 'wrong'. The wrong in your case is the inability for private business to hang a 'White Only' sign, the inability for the majority to tyrannize and enslave the minority, the inability for business owners to create a caste system. Yep, there are certainly large amounts of wrongs that need to be 'righted' when it comes to the CRA.
Good luck.
And since you are so fond of quoting Burke...
In a democracy, the majority of the citizens is capable of exercising the most cruel oppressions upon the minority.
Liberty must be limited in order to be possessed.
Nothing turns out to be so oppressive and unjust as a feeble government.
The extreme of liberty (which is its abstract perfection, but its real fault) obtains nowhere, nor ought to obtain anywhere; because extremes, as we all know, in every point which relates either to our duties or satisfactions in life, are destructive both to virtue and enjoyment.
So, isn't the right of discrimination an extreme of liberty?
And again...
Will you answer me this...
Either you think private businesses should be allowed to discriminate or not, which one?
Shag - do you think that Title II should be struck down?