Wickard v. Filburn

Case Overview

CITATION

ARGUED ON

REARGUED ON

DECIDED ON

DECIDED BY

317 U.S. 111

May 4, 1942

Oct. 12, 1942

Nov. 9, 1942

Legal Issues

Does the Commerce Clause grant Congress the authority to regulate the production of goods not intended for commerce but rather entirely for an individual’s private consumption? 

Holding

Yes, Congress may regulate the production of goods used exclusively in intrastate commerce since the Commerce Clause grants them the authority to regulate production that may affect interstate commerce.

Roscoe Filburn with wheat at his farm around the time the Supreme Court ruled against him | Credit: Mary Lou Filburn/NYT

Background

As a part of President Franklin D. Roosevelt’s “New Deal”, Congress enacted the Agricultural Adjustment Act of 1938. The purpose of the Act was to limit the amount of acreage farmers could devote to the cultivation of wheat and control the volume of wheat being moved in interstate and foreign commerce in order to avoid surpluses and shortages that could lead to abnormal wheat prices. As a part of the Act, the Secretary of Agriculture (then Claude R. Wickard) was directed to determine a national acreage allotment for wheat on an annual basis, which would then be apportioned to the states, their counties, and eventually into allotments for individual farms. 

Roscoe Filburn owned and operated a small farm in Montgomery County, Ohio, where he raised dairy cattle and poultry for sale. In addition, Filburn also grew a small amount of wheat of which he sold a portion, used some for home consumption, used some to feed his poultry and livestock, and kept the rest for the following seeding. In July of 1940, the 1941 acreage allotment for wheat was set at 11.1 acres, with a normal yield of 20.1 bushels of wheat per acre. Filburn was given notice of his allotment before the fall planting of his wheat to be harvested 1941, and again in July of 1941, before it was harvested. Filburn ultimately grew 23 acres of wheat and harvested 239 bushels of wheat from his 11.9 excess acres.  

Under the Act, Filburn’s yield was considered farm marketing excess, and he was fined a penalty of 49 cents a bushel, or a total of $117.11. Filburn challenged his fine in the U.S. District Court for the Southern District of Ohio, and it was initially overturned. However, the government appealed to the U.S. Supreme Court, who granted certiorari.  

Unanimous decision for Wickard

Wickard

Filburn

Roberts

Stone

Reed

Frankfurter

Black

Jackson

Douglas

Murphy

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