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The Story of Wickard v. Filburn: Agriculture, Aggregation, and Commerce

Jim Chen
University of Louisville - Louis D. Brandeis School of Law



CONSTITUTIONAL LAW STORIES, Michael C. Dorf, ed., 2d ed., Foundation Press, 2008
University of Louisville School of Law Legal Studies Research Paper Series No. 2008-40

Abstract:     
This article tells the story of Wickard v. Filburn, 317 U.S. 111 (1942). After providing a survey of American agriculture and its regulation between the World Wars, this article describes the constitutional landmark that began as a controversy over Roscoe Filburn's 1941 wheat crop. Wickard v. Filburn represents a pivotal moment in the Supreme Court's effort to define Congress's power [t]o regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes. Greater turmoil over commerce clause jurisprudence has breathed new life into Wickard v. Filburn.

Keywords: Filburn, Wickard, agriculture, farming, farms, New Deal, Great Depression, Agricultural Adjustment Act, USDA, AAA, commerce clause, interstate commerce, aggregation, wheat, price support, supply control, family farms, constitutional law, Constitution

Accepted Paper Series

Date posted: September 17, 2008 ; Last revised: September 23, 2008

Suggested Citation

Chen, Jim, The Story of Wickard v. Filburn: Agriculture, Aggregation, and Commerce (September 15, 2008). CONSTITUTIONAL LAW STORIES, Michael C. Dorf, ed., 2d ed., Foundation Press, 2008; University of Louisville School of Law Legal Studies Research Paper Series No. 2008-40. Available at SSRN: http://ssrn.com/abstract=1268162


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Contact Information

James Ming Chen (Contact Author)
University of Louisville - Louis D. Brandeis School of Law ( email )
Wilson W. Wyatt Hall
Louisville, KY 40292
United States
502-852-6879 (Phone)
502-852-0862 (Fax)
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