I'm quite familiar with the case, and that is not my attitude. There is a glaring difference between the federal government telling a farmer (who directly benefits from production quotas and price supports) that he cannot plant beyond his quota level (for whatever use) and the federal government telling an ordinary citizen (who is harmed by quotas and price supports) that he cannot plant a legal crop in his backyard garden for personal use.
I'm sorry if you can't see this difference. And a bit saddened, because you're obviously intelligent. But I have to remind myself that intelligence is not necessarily indicative of common sense.
BTW, if farmer Filburn had just switched over to rye or oats or some similar crop for that back 11.9, he could have saved himself a whole lot of trouble...
Once planted, it becomes an illegal crop.
This is the problem with the way you phrased your argument, and the reason that I almost didn't respond to it.
You paint a picture of planting harmless little tomatoes in a tiny little garden and ask me how the government could be so authortarian and mean to prevent such an activity. I'm surprised you didn't add little old grandma on social security to your scenario.
Give me a break.
The government has the power. If they ever did regulate tomatoes, you can certainly try to make the case that small producers have no effect on the overall market. (That argument was successful in the Gun-Free Schools Act and the Violence Against Women Act.) But, if local production did have an effect, why would you knowingly subvert Congressional regulatory efforts?
"It is said, however, that this Act, forcing some farmers into the market to buy what they could provide for themselves, is an unfair promotion of the markets and prices of specializing wheat growers. It is of the essence of regulation that it lays a restraining hand on the self interest of the regulated and that advantages from the regulation commonly fall to others. The conflicts of economic interest between the regulated and those who advantage by it are wisely left under our system to resolution by the Congress under its more flexible and responsible legislative process. Such conflicts rarely lend themselves to judicial determination."
Mr. Justice Jackson, Wickard v. Filburn
Your tomato issue is with Congress, not with the Commerce Clause, not with the U.S. Constitution, not with robertpaulsen. Just because you may have little support for your position is no excuse to find supposed flaws in the the U.S. Constitution or the courts, and seek redress there.