The Constitution of the United States of America: Analysis and Interpretation: Annotations of Cases Decided by the Supreme Court of the United States to June 30, 1952
History
The Constitution of the United States of America: Analysis and Interpretation: Annotations of Cases Decided by the Supreme Court of the United States to June 30, 1952
Constitutional law -- United States; Constitutions -- United States
In Wickard _v._ Filburn[469] a still deeper penetration by Congress into
the field of production was sustained. As amended by the act of 1941,
the Agricultural Adjustment Act of 1938,[470] regulates production even
when not intended for commerce but wholly for consumption on the
producer's farm. Sustaining this extension of the act, the Court pointed
out that the effect of the statute was to support the market. It said:
"It can hardly be denied that a factor of such volume and variability as
home-consumed wheat would have a substantial influence on price and
market conditions. This may arise because being in marketable condition
such wheat overhangs the market and, if induced by rising prices, tends
to flow into the market and check price increases. But if we assume that
it is never marketed, it supplies a need of the man who grew it which
would otherwise be reflected by purchases in the open market. Home-grown
wheat in this sense competes with wheat in commerce. The stimulation of
commerce is a use of the regulatory function quite as definitely as
prohibitions or restrictions thereon. This record leaves us in no doubt
that Congress may properly have considered that wheat consumed on the
farm where grown, if wholly outside the scheme of regulation, would have
a substantial effect in defeating and obstructing its purpose to
stimulate trade therein at increased prices."[471] And it elsewhere
stated: "Questions of the power of Congress are not to be decided by
reference to any formula which would give controlling force to
nomenclature such as 'production' and 'indirect' and foreclose
consideration of the actual effects of the activity in question upon
interstate commerce. * * * The Court's recognition of the relevance of
the economic effects in the application of the Commerce Clause, * * *,
has made the mechanical application of legal formulas no longer
feasible."[472]
Acts of Congress Prohibiting Commerce
FOREIGN COMMERCE; JEFFERSON'S EMBARGO
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