Wickard v. Filburn

PETITIONER: Claude R. Wickard, Secretary of Agriculture et al.
RESPONDENT: Roscoe C. Filburn
LOCATION: Roscoe Filburn's Farm

DECIDED BY: Stone Court (1942-1943)
LOWER COURT: Federal district court

ARGUED: May 04, 1942
REARGUED: Oct 13, 1942
DECIDED: Nov 09, 1942

Charles Fahy - Solicitor General, Department of Justice, argued and reargued for the appellants
Harry N. Routzohn - fargued and reargued for the appellee
Webb R. Clark - argued and reargued for the appellee

Facts of the case

Filburn was a small farmer in Ohio. He was given a wheat acreage allotment of 11.1 acres under a Department of Agriculture directive which authorized the government to set production quotas for wheat. Filburn harvested nearly 12 acres of wheat above his allotment. He claimed that he wanted the wheat for use on his farm, including feed for his poultry and livestock. Filburn was penalized. He argued that the excess wheat was unrelated to commerce since he grew it for his own use.


Is the amendment subjecting Filburn to acreage restrictions in violation of the Constitution because Congress has no power to regulate activities local in nature?