• Wickard v. Filburn: The Aggregation Principle & Congressional Power [No. 86]
    Articles,  Blog

    Wickard v. Filburn: The Aggregation Principle & Congressional Power [No. 86]

    Wickard is Claud Wickard who was the Secretary of Agriculture under the Roosevelt Administration. Filburn is Roscoe Filburn, who was an Ohio farmer. The Agricultural Adjustment Act was passed during the Depression as a way of stabilizing farm prices and by stabilizing they mean increase farm prices so that farmers who were a very important voting constituency, uh, would have a steady source of income and they did that by restricting the supply of farm goods, of farm produce, um, in order to raise the prices of farm produce. The case involved a quota on wheat production that was imposed on Roscoe Filburn. He was allotted a certain amount of…

  • Jefferson vs Hamilton on Necessary and Proper
    Articles,  Blog

    Jefferson vs Hamilton on Necessary and Proper

    The necessary and proper clause was never intended to expand federal power. At all. The way most people treat the Constitution’s necessary and proper clause today, we could just as well call it the “whatever is convenient and possible” clause. But it was never intended to expand federal power one iota. In fact, in Federalist #33, Alexander Hamilton said the operation of the government “would be precisely the same” if the clause never existed. But Hamilton famously flip-flopped a few years later when he used necessary and proper to justify his national bank. Thomas Jefferson vehemently opposed Hamilton’s bait-and-switch saying that the Constitution only allows the means which are “necessary,”…