Wickard v. Filburn (1942) Case Brief PDF

Title Wickard v. Filburn (1942) Case Brief
Author Niama Filali
Course Constitutional Law
Institution St. Thomas University (Florida)
Pages 1
File Size 59.3 KB
File Type PDF
Total Downloads 53
Total Views 132

Summary

Case Brief...


Description

Case Name: Wickard v. Filburn (1942) – Commerce Clause (pgs. 173-174) Rule of Law: If local economic activities have a substantial effect on interstate commerce, Congress has the power to regulate those local activities Facts:  Appellee has owned and operated a small farm in Ohio  He raised a small acreage of winter wheat; which was used to feeding the poultry and livestock, sell, make flour for home consumption and seeding  1940 —Agriculture Adjustment Act of 1938, amended o Allowed allotment of 11.1 acres and a normal yield of 20.1 bushels of wheat an acre  Appellee was informed twice before harvesting o But he harvested 11.9 acres with 239 bushels o Constituted farm marketing excess subject to a penalty of 49 cents a bushel or $117.11 in all  Agriculture Adjustment Act of 1938 o Was to control wheat vu me moving in interstate and foreign commerce in order to avoid surplus and shortages and the consequent abnormal low or high wheat prices and obstructions to commerce o Issue: Whether Congress has the power under the Commerce Clause to regulate the production of wheat that is only used “wholly” for personal consumption and not for sale through interstate commerce Holding: Jackson  Whether it is used for “production,” “consumption,” or marketing” is not the purpose  Even though the appellee’s activity is local and not used for commerce, it still has a substantial effect on interstate commerce, “indirect” or “directly”, therefore giving Congress the power to regulate  Effect of consumption off homegrown wheat on interstate commerce is due to the fact that it constitutes the most variable factor in the disappearance of the wheat crop  One of the primary purposes of the Act was to increase market price of wheat and to limit the volume so that it can affect the market o Home grown wheat competes with wheat in commerce Regulation would have a substantial effect in defeating and obstructing its purpose to stimulate trade therein at increased prices...


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