Constitutional Law Keyed to Chemerinsky
Wickard v. Filburn
Appellee was an owner/operator of a small farm in Ohio. He sold milk, poultry, and eggs. He also grew a small crop of winter wheat every year. Appellee sold a portion of the wheat, used some as feed for poultry and livestock, used some to make flour for home consumption, and the kept the rest for the following seeding. Pursuant to the Agricultural Adjustment Act of 1938 (Act), the Appellee’s 1941 wheat allotment was 11.1 acres and a normal yield of 20.1 bushels per acre. In the Fall of 1940, however, he planted 23 acres, which yielded 239 bushels from his excess acreage. He was assessed penalties on this amount of 49 cents a bushel, or $117.11.
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