Bill Turlock <Bill.T...@sonnnic.invalid> wrote in
news:73nuq7lj8qee59ivo...@4ax.com:
> That just ain't right.
It ain't true, either. The Feds notified Filburn in July 1940 (before
the fall planting season - Filburn grew winter wheat) that his wheat
allotment for 1941 was 11.1 acres of wheat: he sowed 11.9 additional
acres with wheat, harvested the extra wheat (after receiving a second
notice about his allotment), and got it ready for market. It's difficult
to escape the conclusion that he was deliberately defying the imposition
of allotments.
Filburn was assessed a $117.11 fine ($0.49 per bushel) for growing the
additional wheat. He refused to pay the fine, and he refused to
either store the excess (for which he would have been compensated) or
deliver it to the Secretary of Agriculture. The Montgomery County
Agricultural Committee refused to grant him his marketing card unless he
accepted the penalty or took the prescribed steps to mitigate it (see
below). Note that Filburn would only have needed a marketing card to
sell the wheat, which he said he didn't intend to do. Filburn sued the
Agricultural Committee, which suggests that his real goal in growing and
harvesting the additional wheat was the creation of a test case.
The Wiki article's claim that the Feds established limits on wheat
production "in order to drive up wheat prices during the Great
Depression" is grossly misleading. In fact, the Agricultural Adjustment
Act was intended to *stabilize* wheat prices - which is actually pointed
out later in the same article!
The District Court that upheld Filburn's lawsuit did so on a
technicality: at the time Filburn planted the wheat, the fine was
fifteen cents per bushel: while the crop was growing, a majority of the
nation's wheat farmers approved a referendum on the 1938 act that
increased the fine to forty-nine cents. The District Court ruled that it
was unfair to apply the increased fine, or any amount above fifteen
cents per bushel, to Filburn. The Department of Agriculture appealed,
and the case went to the Supreme Court.
The Supreme Court's decision noted that
the penalty was contingent upon an act which appellee committed not
before, but after, the enactment of the statute, and, had he chosen
to cut his excess and cure it or feed it as hay, or to reap and feed
it with the head and straw together, no penalty would have been
demanded. Such manner of consumption is not uncommon. Only when he
threshed, and thereby made it a part of the bulk of wheat
overhanging the market, did he become subject to penalty. He has
made no effort to show that the value of his excess wheat consumed
without threshing was less than it would have been had it been
threshed while subject to the statutory provisions in force at the
time of planting. Concurrently with the increase in the amount of
the penalty, Congress authorized a substantial increase in the
amount of the loan which might be made to cooperators upon stored
farm marketing excess wheat. That appellee is the worse off for the
aggregate of this legislation does not appear; it only appears that,
if he could get all that the Government gives and do nothing that
the Government asks, he would be better off than this law allows. To
deny him this is not to deny him due process of law.
http://supreme.justia.com/cases/federal/us/317/111/case.html
Filburn's claim that he never intended to sell the excess wheat is
falsified by the fact that he prepared it for sale: if, as he claimed,
the wheat was only intended for his livestock, there was no need to
thresh it.
(Amusingly, some accounts of the Filburn case claim that he grew the
additional wheat so his family would have bread to eat. Jim Chen, a
legal scholar who has written a couple of essays on *Filburn*, noted
that 239 bushels of wheat yields enough flour to produce over 45 loaves
of bread every day for a year. Seems like that would require an
unusually large family, doesn't it? Maybe Filburn was a Mormon.)
The phrase "it only appears that, if he could get all that the
Government gives and do nothing that the Government asks, he would be
better off than this law allows" gives a hint as to why *Wickard v.
Filburn* has become such a popular case among the Teabaggers.
--
The main house contained a carefully tuned piano at which Harris,
without any previous musical training, could play and thereby invoke his
Lily Queen into "electro-vital form." -Robert Hine