The Department of Agriculture

We repeat the last paragraphs of our article from last week, Need Versus Want, to give you a reasonable starting point for this week’s article. Our discussion is of the authorized federal departments and where they function outside their enumerated powers, and the non-authorized departments, what they do, and do we need to keep them.

With 10 of the 15 executive departments listed having no enumerated powers directly listed in the Constitution, this has evolved into a series. We will look at one each week if possible.

There are 15 executive departments listed here, with those authorized directly by an enumerated power identified by (AUTH) appended to its listing. Each executive Department is led by a Cabinet Secretary (except for the Department of Justice, which is headed by the Attorney General):

Department of Agriculture (USDA)

Department of Commerce (DOC) (AUTH)

Department of Defense (DOD) (AUTH)

Department of Education (ED)

Department of Energy (DOE)

Department of Health and Human Services (HHS)

Department of Homeland Security (DHS) (AUTH)

Department of Housing and Urban Development (HUD)

Department of the Interior (DOI)

Department of Justice (DOJ) (AUTH)

Department of Labor (DOL)

Department of State (DOS)

Department of Transportation (DOT)

Department of the Treasury (AUTH)

Department of Veterans Affairs (VA)

A quick review of this list shows only 5 of the 15 Executive Departments are authorized directly by the powers enumerated in the Constitution. There may be some question as to the necessity of a Department whose justification is through the Necessary and Proper Clause or the Commerce Clause, as these clauses are open to interpretation, and those powers justified under them may change.

As it stands, in addition to Congress and the Post Office, the Departments of Commerce, Defense, Homeland Security, Justice, and Treasury are the only federal government Departments authorized by the Constitution, and those Departments are only justified in performing those actions enumerated in the Constitution. Any actions, powers, or responsibilities added to the enumerated power may not me authorized.

The Departments not listed as authorized may have some duties or tasks that fall under the enumerated powers. These responsibilities should be transferred to the Department having majority responsibility for the enumerated power, and the transferring Department should be dismantled. The functions formerly provided by these Departments can devolve to the states.

We’re going to start off talking about the Department of Agriculture (USDA). The only reason for this is because it starts with the letter A and is first on the list.

The USDA was created on May 15, 1862, by an act signed into law by President Abraham Lincoln.

The law was titled the “Act to Establish a Department of Agriculture.” The USDA was originally established to provide information and support to farmers and promote agriculture in the United States. In the 19th century, agriculture was a cornerstone of the American economy, and Lincoln recognized the need for a federal agency to advance farming techniques, distribute knowledge, and foster innovation in agriculture. So the purpose at creation was support and promote agriculture.

President Lincoln recognized the need for an organization to advance farming techniques, distribute knowledge, and foster innovation in agriculture. He chose to create a federal Department although there is no enumerated power that authorized him to do so. When established, USDA was not a cabinet-level Department. USDA became a cabinet-level Department in 1889 through legislation.

USDA’s power and influence was expanded over time via legislation. The Hatch Act of 1887 provided funding for agricultural research through land-grant colleges, and the Smith-Lever Act of 1914 established cooperative extension services. The Food and Agriculture Act of 1977 codified nutrition programs like SNAP.

These acts, along with others, granted the USDA the legal framework to regulate food safety, support farmers, manage forests, and run nutrition assistance programs. Its evolving mission reflects changing national priorities in agriculture, rural development, and food security. At least that’s what the government says. Originally USDA was created to support and promote agriculture. The 1889 act that established USDA as a cabinet-level Department added to those responsibilities. Some of the additions are:

• Investigate and report on agricultural production, market conditions, and the distribution of agricultural goods.

• Conduct experiments, gather data, and disseminate information about agriculture and related industries.

• Oversee agricultural research and support the development of farming techniques to improve crop yields and efficiency.

• Work with farmers and agricultural organizations to promote better practices and expand the agricultural economy.

• Regulate and support agricultural education, conservation, and innovation.

• The USDA continued to oversee existing functions, such as distributing seeds to farmers and conducting agricultural research, but now with greater authority to expand its role.

That’s not all that USDA is doing today. In addition to all the above listed responsibilities, USDA is now responsible for the functions and responsibilities listed below. In cases where we believe the service or function should not be a function of USDA or where there is duplication of services with another agency, we have documented it using italics:

• Ensuring food safety through the Food Safety and Inspection Service (FSIS), which inspects meat, poultry, and egg products. The USDA’s FSIS focuses on meat, poultry, and eggs, while the Food and Drug Administration (FDA), under the Department of Health and Human Services, oversees the safety of most other food products. This division sometimes creates confusion or redundancy in regulatory oversight.

• The USDA administers nutrition assistance programs like SNAP, but the Centers for Disease Control and Prevention (CDC) and other agencies under the Department of Health and Human Services also address food security and nutrition education. This duplication should be ended by moving nutrition assistance to Health and Human Services.

• Providing subsidies, insurance, and disaster relief to support agricultural producers.

• Promoting agricultural research and innovation to improve farming practices.

• Supporting infrastructure development in rural areas, such as housing, utilities, and broadband internet access. The USDA supports rural development, but agencies like the Department of Housing and Urban Development (HUD) and the Federal Communications Commission (FCC) also have programs targeting infrastructure, housing, and broadband expansion in rural areas.

• Offering loans and grants to support small businesses in rural communities. USDA is not a loan organization. These functions might better reside in the Small Business Administration.

• Managing national forests and grasslands through the US Forest Service. This function could and should reside elsewhere.

• Working to conserve natural resources, prevent soil erosion, and protect water quality through programs like the Conservation Reserve Program. The USDA’s Natural Resources Conservation Service (NRCS) works on soil and water conservation, but the Environmental Protection Agency (EPA) also has programs focused on water quality, air quality, and environmental protection, leading to some overlap. One agency or the other should have responsibility for all conservation programs.

• Promoting US agricultural products in global markets. Certainly not in USDA’s portfolio, and seems a fit for the Department of State.

• Monitoring international trade agreements and ensuring fair competition for US farmers. Certainly not in USDA’s portfolio, and seems a fit for the Department of State.

• Conducting research through agencies like the Agricultural Research Service (ARS) and funding land-grant universities. Depending on what types of research ARS is doing, it may be in the right place, however funding land-grant universities doesn’t seem to be a core responsibility.

• Educating the public on nutrition and agricultural best practices. I would suppose the Department of Health would be the place for this.

There’s been a lot of mission creep here, as with most federal agencies. By removing the extra functions and concentrating on its core mission, USDA could continue to exist but it most certainly would be smaller.

Our next look behind the government curtain is the Department of Commerce. Although authorized by the Constitution, we’ll be looking for extra-constitutional functions there as well as at all agencies we review.

See you next time!

If you like our articles, you will find more of the same at Jack’s Substack

Jack Sotallaro

Continuity planning, civilian and military