Rep. Thomas Massie (R-KY) has introduced a joint resolution in Congress proposing a 28th Amendment to the U.S. Constitution that would specifically protect the right of the people to grow and purchase food from sources of their choosing. The proposed amendment also seeks to limit Congress’ power to regulate the production and distribution of food products that do not cross state lines.
The text of the proposed amendment states: “The right of the people to grow food and to purchase food from the source of their choice shall not be infringed, and Congress shall make no law regulating the production and distribution of food products which do not move across state lines.”
Massie referred to the proposed amendment as “Roscoe Filburn’s revenge,” alluding to the 1942 Supreme Court case Wickard v. Filburn. In that case, the court upheld Congress’ power to regulate a farmer’s wheat production for personal use, arguing that the aggregated effect of many farmers doing the same could substantially affect interstate commerce.
For the proposed amendment to become part of the Constitution, it would need to be ratified by two-thirds of each House of Congress and then ratified by three-fourths of the state legislatures, a process that is historically difficult to achieve.
