Wickard v. Filburn 317 U.S. 111 (1942)

Liberty Legal Foundation

1/20/2012

What Wickard Has Wrought

In preparing our Amicus Brief against Obamacare, we wanted to start from the backdrop of what unfettered Congressional authority has done to our country. There were several unconstitutional expansions of Congressional limits before 1942, but the Wickard v. Filburn Supreme Court decision was truly the moment that opened the flood gates. It has simply taken 70 years for the American people to understand what really happened in 1942. The light bulb went on for many Americans with the passing of Obamacare.

Since Obamacare was enacted two years ago, we’ve been beating the same Wickard drum over and over so that people will understand both how we got here and how to fix it. Wickard v. Filburn removed all Constitutional limits on Congress. Reversing Wickard will put them back. That is what our Obamacare Class Action is all about – showing the Supreme Court that the only logical and Constitutional solution is to rewrite the interpretation of the Commerce Clause that was grossly misinterpreted in the 1942 ruling.

And now… the rest of the story. …..