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The story of Wickard v. Filburn: Agriculture, aggregation, and commerce

By Jim Chen

The Story of Wickard v. Filburn: Agriculture, Aggregation, and Commerce, in Constitutional Law Stories (Michael C. Dorf, ed., 2d ed., Foundation Press, forthcoming 2009). Abstracted in the University of Louisville School of Law Legal Studies Research Paper Series, No. 2008-40:

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.

The story of Roscoe Filburn is prominently featured in the University of Louisville's constitutional photo gallery.

Editor's note: Cross-posted at The Cardinal Lawyer.

Full post as published by Jurisdynamics on September 21, 2008 (boomark / email).