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: 21 Sep 2008
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: Suggested Citation