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

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

38 Pages Posted: 17 Sep 2008 Last revised: 23 Sep 2008

James Ming Chen

Michigan State University - College of Law

Date Written: September 15, 2008

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

Suggested Citation

Chen, James Ming, 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: https://ssrn.com/abstract=1268162

James Ming Chen (Contact Author)

Michigan State University - College of Law ( email )

318 Law College Building
East Lansing, MI 48824-1300
United States

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