Case

Wickard v. Filburn

Answer: Wickard v. Filburn (1942). The Court held that Congress may regulate a farmer’s wheat grown for personal use under the Commerce Clause because—considered in the aggregate across similarly situated producers—it substantially affects interstate commerce. The Court also dismissed Fifth Amendment objections tied to the program’s penalties and retroactivity within the price‑stabilization scheme.

Rule to remember

Wickard v. Filburn, 317 U.S. 111 (1942), establishes the aggregation principle: Congress may regulate intrastate, even nonmarket, agricultural production when its cumulative effect on interstate commerce is substantial.

Key elements and checks

In the source’s words

“Home-grown wheat in this sense competes with wheat in commerce.”

WICKARD, Secretary of Agriculture, et al. v. FILBURN. | Supreme Court | US Law | LII / Legal Information Institute

“It is hardly lack of due process for the Government to regulate that which it subsidizes.”

WICKARD, Secretary of Agriculture, et al. v. FILBURN. | Supreme Court | US Law | LII / Legal Information Institute

Federal constitutional doctrine; no meaningful state variation. This case concerns Congress’s affirmative commerce power, not the dormant Commerce Clause (which is also federal but contextually distinct).

Sources