317 U.S. 111, 63 S. Ct. 82 · Supreme Court of the United States · 1942
Constitutional LawAssigned in 23 casebooks
Case brief summary
Rule
Congress can regulate even small, local, non-commercial activity under its interstate commerce power if that activity, combined across many people, significantly affects the national market for a product.
Facts
An Ohio farmer grew wheat to sell, feed his animals and family, and use as seed. He exceeded his acreage limit under a federal farm law and was fined, even though he never sold the extra wheat.
Procedural history
The farmer sued to block the penalty and challenge the law. A federal district court ruled for him. The government appealed directly to the Supreme Court.
Issue
Can Congress, using its power over interstate commerce, regulate and penalize wheat that a farmer grows and uses entirely on his own farm, with none of it sold or shipped anywhere?
Holding
Yes. Even wheat grown only for use on the farm can be regulated under the commerce power because, when many farmers do this, it has a large effect on the national supply and price of wheat.
Reasoning
One farmer's home grown wheat seems tiny, but added up across many farmers, it reduces how much wheat gets bought and sold nationally, significantly affecting price and supply, so Congress can regulate it.
Opinions
Majority (Jackson): Home grown wheat can be regulated because, combined with that of other farmers, it substantially affects interstate wheat prices and supply.
Test yourself
Question 1 of 5
Why was Roscoe Filburn penalized under the Agricultural Adjustment Act?
Filburn exceeded his allotment by 11.9 acres and used the resulting 239 bushels for feed, seed, and home consumption, triggering the marketing excess penalty, not because he sold wheat improperly or avoided the referendum.
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On the exam
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Other issues in this opinion
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