Monday, February 14, 2011

Wickard v. Filburn

I just started reading Before the Storm: Barry Goldwater and the Unmaking of the American Consensus, by Rick Perlstein.  Early on, it mentioned the 1942 Supreme Court case Wickard vs. Filburn, which expanded the authority of Congress in the regulation of business under the Commerce Clause to be almost unlimited in scope.  This ruling will almost certainly play a significant part in either sustaining or overturning the Affordable Care Act (Obamacare).  What caught my eye in the book was that Roscoe Filburn was a farmer from Montgomery County, Ohio.  From Wikipedia:
Wickard v. Filburn, 317 U.S. 111 (1942), was a U.S. Supreme Court decision that dramatically increased the power of the federal government to regulate economic activity. A farmer, Roscoe Filburn, was growing wheat to feed his chickens. The U.S. government had imposed limits on wheat production based on acreage owned by a farmer, in order to drive up wheat prices during the Great Depression, and Filburn was growing more than the limits permitted. Filburn was ordered to destroy his crops and pay a fine, even though he was producing the excess wheat for his own use and had no intention of selling it.
The Supreme Court, interpreting the United States Constitution's Commerce Clause under Article 1 Section 8 (which permits the United States Congress "To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;") decided that, because Filburn's wheat growing activities reduced the amount of wheat he would buy for chicken feed on the open market, and because wheat was traded nationally, Filburn's production of more wheat than he was allotted was affecting interstate commerce, and so could be regulated by the federal government.
Roscoe Filburn was a farmer who admitted producing wheat in excess of the amount permitted. Filburn argued however that because the excess wheat was produced for his private consumption on his own farm, it never entered commerce at all, much less interstate commerce, and therefore was not a proper subject of federal regulation under the Commerce Clause.
In July 1940, pursuant to the Agricultural Adjustment Act (AAA) of 1938, Filburn's 1941 allotment was established at 11.1 acres (4.5 ha) and a normal yield of 20.1 bushels of wheat per acre. Filburn was given notice of the allotment in July 1940 before the Fall planting of his 1941 crop of wheat, and again in July 1941, before it was harvested. Despite these notices Filburn planted 23 acres (9.3 ha) and harvested 239 bushels from his 11.9 acres (4.8 ha) of excess area.
Roscoe Filburn continued to farm until his death in Dayton, Ohio on October 4, 1987. He changed the spelling of his family name to Filbrun roughly a decade after losing his Supreme Court case. In 1966, a quarter-century after this case, he persuaded other successors to his grandparents' original 640-acre farmstead to sell their land for development. The Salem Mall in Dayton, Ohio now occupies much of the land farmed by Filbrun's extended family. Roscoe Filbrun took a leading role in facilitating zoning changes and in developing sewage and water systems for the mall. The ninety-five acres that he farmed became a residential subdivision; the adjoining nine acres of forest became commercial real estate. A street on the land that was his is named Filbrun Lane in his honor. Neither child of Roscoe and Virginia McConnell Filbrun adopted agriculture as a profession.
I guess that entry ought to read, The Salem Mall used to occupy much of the land.

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