ARE 309 (Case Analysis Quiz) Wickard v. Filburn

The case of *Wickard v. Filburn* concerned federal legislation designed to alleviate agricultural woes attributed to what?

The Great Depression

The primary issue in *Wickard v. Filburn* can be summarized as follows:

Whether the federal regulation of harvested wheat reserved purely for intrastate on-farm use is an excessive use of federal power in violation of the Commerce Clause?

The case of *Wickard v. Filburn* concerned the constitutionality of the implementation of what legislation?

The Agricultural Adjustment Act of 1938

In the case of *Wickard v. Filburn*, a)                                                  was the plaintiff, b)                                                was the defendant, c)                                                   was the appellant, and d)                                                 was the appellee.

a) Filburn, b) Wickard, c) Wickard, d) Filburn

Where was the complaint in *Wickard v. Filburn* originally filed?

The Federal District Court for the Southern District of Ohio

Justice Jackson's opinion reveals that the Agricultural Adjustment Act defines the point at which a product produced on the excess acreage is subject to a penalty.  What is it?

‘available for marketing’

What phrase does Justice Jackson use to describe the lower court's ruling on the case?

‘manifest error’

Rosco Filburn (the appellee) argues that the Commerce Clause does not give Congress power to regulate "production" or "consumption," but only "marketing."  What does he use to support this argument?

dicta' in previous Supreme Court opinions from the 19th century, whereby "production" and "manufacturing" were treated as local (intrastate) matter

Justice Jackson notes that the Court did not much take up the question of Congress' Commerce Clause powers of interstate commercial regulation during the 19th century, whereby matters before the Court mostly dealt with whether a state law interfered with the Commerce Clause, and concepts like "production" and "manufacturing" and "mining" were local in character.  After which case did the Court begin to recognize the interstate impact of such activity?

United States v Wrightwood Dairy Co., 315 U.S. 110, 119, 62 S.Ct. 523, 526, 86 L.Ed. 726

What is the term employed by Justice Jackson to describe when an otherwise intrastate "local" matter falls within Congress' commerce clause regulatory power?

“has substantial economic effect”

Justice Jackson describes the essence of government regulation as "a restraining

hand on the self-interest of the regulated and that advantages from the regulation commonly fall to others."

\
Where does he suggest those so restrained find redress?

Congress, with its 'more flexible and responsive process

The Supreme Court found that the USDA had not violated Roscoe Filburn's 5th Amendment right of due process.  What was reason did it give?

all of these (That Filburn had several administrative remedies to avoid the penalty, That Filburn was aware that a penalty for market production in excess of his acreage quota, though of the increased penalty, Filburn threshed his excess wheat to make it available for market