The Agricultural Adjustment Act restricted the amount of wheat farmers like Rosco Filburn could grow as a means to increase prices, thereby benefiting farmers. Filburn grew more than his quota, using the “extra” to feed his own livestock at a lower cost. He then benefited by selling his “quota” wheat at market for a higher price. In Wickard v Filburn (1942), SCOTUS acknowledged Filburn’s small amount of locally consumed wheat did not by itself substantially effect interstate commerce. Yet when all of the locally consumed wheat Nationwide is considered together, in the aggregate, those intra-state activities substantially effect interstate commerce. Thus, Congress was allowed to stop Filburn from growing the extra wheat to feed his family & livestock. Although this case is mostly still binding precedent, the fact remains the Constitution only allows Congress to regulate commerce. A man growing wheat to feed his family & livestock is not commerce. Any holding to the contrary stretches the term into absurdity.
Throwback Thursday: Wickard v Filburn (1942)
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