Recent Poll on Support For Wickard

A recent Rasmussen poll found that only 7% of the public supports the reasoning of Wickard. (link)

Although the poll itself is only available to subcribers, Rasmussen did post the following explanation:

Tuesday, July 10, 2012

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. 

Our law library was able to get a little more clarification from the pollster:

Only 7% Support Legal Reasoning That Led to Greater Government Regulation

Tuesday, July 10, 2012

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.

If a farmer grows wheat on his own land for his own use, just seven percent (7%) of Likely U.S. Voters believe the federal government should be able to limit and regulate how much he can grow. A new Rasmussen Reports national telephone survey finds that 86% disagree and reject this federal regulatory authority....

In 1938, Congress passed a law limiting how much area farmers could devote to wheat production. The purpose of the law was to keep wheat prices higher for farmers, but its constitutionality was challenged by a farmer named Roscoe Filburn. A District Court upheld Filburn's challenge, but the Supreme Court's 1942 decision overruled it in a case known as Wickard v. Filburn . Filburn was ordered to destroy his crops and pay a fine.

Today, only five percent (5%) believe the federal government should be able to keep prices high by preventing others from growing farm products on their own land. Eighty-eight percent (88%) disagree.


This national survey of 1,000 U.S. Likely Voters was conducted on July 7-8, 2012 by Rasmussen Reports. The margin of sampling error is +/- 3 percentage points with a 95% level of confidence....

Rasmussen Reports