Bench Memos

NRO’s home for judicial news and analysis.

Only 7 Percent Support Wickard v. Filburn


Rasmussen has a poll out today that shows that only 7 percent of Americans support Wickard v. Filburn, the 1942 Supreme Court case upholding the use of the Commerce Clause to regulate a farmer’s wheat growing for personal consumption.  I haven’t seen the underlying poll question, but Rasmussen explains:  

In 1942, the U.S. Supreme Court ruled that the federal government could regulate how much wheat a farmer could grow on his own property for his own use. That ruling dramatically enhanced the power of the federal government by making almost all economic activity subject to federal regulation as “interstate commerce.” However, voters today overwhelmingly reject that underlying argument.



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