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

68 Pages Posted: 2 May 2012  

James Ming Chen

Michigan State University - College of Law

Date Written: May 1, 2012

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.

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

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

Suggested Citation

Chen, James Ming, Filburn’s Forgotten Footnote – Of Farm Team Federalism and its Fate (May 1, 2012). Minnesota Law Review, Vol. 82, 1997. Available at SSRN: https://ssrn.com/abstract=2049583

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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