Filburn’s Forgotten Footnote – Of Farm Team Federalism and its Fate

Abstract:     
Federalism is the oldest question of American constitutional law and the prime mover in a legal system where nearly every constitutional controversy is in some sense a case about federalism. In a mercilessly competitive global economy that transforms virtually every legal endeavor from a strictly local undertaking into a global commitment, few if any legal subjects fall under the effective control of a single national sovereign. Because economic analysis universalizes theories of federalism, this constitutional doctrine, conventionally considered quintessentially American, applies to problems of intergovernmental coordination in many national and international legal settings. A forgotten footnote in that cause célèbre of commerce clause jurisprudence, Wickard v. Filburn. 317 U.S. 111 (1942), offers a novel perspective on global federalism and the fundamental nature of the state.

Number of Pages in PDF File: 68

Keywords: federalism, constitutional law, Wickard v. Filburn. 317 U.S. 111, commerce clause jurisprudence

JEL Classification: A12, A13, B25, K00, K33

Accepted Paper Series