[mpyne]

Well, that decision was also conducted under the aegis of a wartime America with a President that actually did have much more expansive Article I powers due to the nation being in a state of war.

I could be hopelessly optimistic and naïve but I simply don't see a similar argument holding in a decision today since there's no National Food Board (or whatever the agency was) to set rationing levels or resource priorities for wartime industrial production.

[hga]

Except the case preceded the war except in its winding its way through the courts, it's New Deal law, after the "switch in time that saved nine" (https://en.wikipedia.org/wiki/Switch_in_time_that_saved_nine... from later in the Wikipedia article on the case:

"In July 1940, pursuant to the Agricultural Adjustment Act (AAA) of 1938, Filburn's 1941 allotment was established at 11.1 acres (4.5 ha) and a normal yield of 20.1 bushels of wheat per acre. Filburn was given notice of the allotment in July 1940 before the Fall planting of his 1941 crop of wheat, and again in July 1941, before it was harvested. Despite these notices, Filburn planted 23 acres (9.3 ha) and harvested 239 bushels from his 11.9 acres (4.8 ha) of excess area."