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Regulatory Law Keyed to Shapiro, 4th Ed.
Wickard v. Filburn
Citation:
317 U.S. 111, 63 S. Ct. 82 (1942)Facts
Roscoe Filburn owned and operated a small farm in Montgomery County, Ohio, where he maintained dairy cattle, raised poultry, and grew wheat. For many years, he had grown a small acreage of winter wheat, using part for selling, feeding livestock, making flour for home consumption, and saving some for the next planting. In July 1940, under the Agricultural Adjustment Act, Filburn was given a wheat acreage allotment of 11.1 acres for his 1941 crop. Despite this allotment, he sowed 23 acres and harvested 239 bushels from the excess acreage. This excess wheat was subject to a marketing penalty of 49 cents per bushel under the amendment of May 26, 1941. Filburn challenged the penalty, arguing that Congress lacked authority under the Commerce Clause to regulate wheat that was produced and consumed entirely on his farm and never entered interstate commerce.
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