The Stone Court (1941–46)

Commerce Clause

CourtSpeak: Wickard v. Filburn Interstate Commerce Case (1942)

Justice Robert Jackson (unanimous): “It is said, however, that this Act, forcing some farmers into the market to buy what they could provide for themselves, is an unfair promotion of the markets and prices of specializing wheat growers…. The conflicts of economic interest between the regulated and those who advantage by it are wisely left under our system to resolution by the Congress under its more flexible and responsible legislative process. Such conflicts rarely lend themselves to judicial determination. And with the wisdom, workability, or fairness, of the plan of regulation we have nothing to do.”


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