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What Trump Can Teach Us About Con Law

Commerce Clause

What Trump Can Teach Us About Con Law

Roman Mars

Government

4.74.2K Ratings

🗓️ 17 August 2017

⏱️ 18 minutes

🧾️ Download transcript

Summary

The federal government can't pass any law it wants to. It's limited by Article 1 Section 8 of the Constitution, but the executive branch can choose how to enforce those laws. Under Trump, there are indications that drug laws, which are based on the Commerce Clause, are about to be enforced very differently.

Transcript

Click on a timestamp to play from that location

0:00.0

You might not know Roscoe Philburn, but he is very famous in constitutional law.

0:05.0

Philburn was a fifth generation farmer from Montgomery County, Ohio.

0:09.0

He raised dairy cattle, chickens, and wheat.

0:12.0

And in 1941, he harvested 462 bushels.

0:16.3

His story is just not that exciting.

0:18.2

But it gets better.

0:19.2

We're even going to talk about drugs in a few minutes.

0:21.3

The problem for Filburn was that he was one of the

0:23.8

farmers subjected to the Agricultural Adjustment Act of 1938. That was an act signed

0:29.2

by FDR and it was part of the Roosevelt administration's efforts to provide price and income

0:34.2

supports for American farmers.

0:36.1

The country was in the middle of the Great Depression and it was especially tough on farmers.

0:40.3

The 1938 Act helped do things like stabilize prices for the national market and things like wheat and corn.

0:47.0

And it told farmers how much they could grow and how much they couldn't.

0:51.0

And the reason was simple. If farmers produced too much, prices would crater.

0:55.0

So the Act worked this way. It wasn't just gentle encouragement. Under the

1:00.6

federal law, farmers were supposed to grow only a certain amount of weed no more at all

1:06.4

What would happen if they grew more than they were allowed to they'd be subjected to a penalty that's exactly what happened to Roscoe Philburn. The 1938

1:14.5

acts said he could plant 11 acres of wheat and that was about 20 bushels an acre.

1:19.6

He planted 23 acres instead and grew 462 bushels of wheat.

1:25.0

Roscoe was such a bawler.

1:26.5

And so for growing more than he was allowed to, Philburn faced a fine.

...

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