Real bill currently in Congress  c/o  S/119/4779

A bill to support nutrition, farmers, the seafood industry, agricultural research, wood energy and innovation, and indigenous self-determination, and for other purposes.

Policy area: Agriculture and Food ▲ 36 days since action Sponsor: Lisa Murkowski, AK-Senate, R → Congress.gov

Latest action (2026-06-15): Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry.

The Framers

“Founders’ Verdict”

CONSTITUTIONAL

Confidence 0.60

Synthesis

The bill is constitutional under the enumerated powers of Congress, particularly the General Welfare Clause (Article I, Section 8, Clause 1) and the Commerce Clause (Article I, Section 8, Clause 3), as well as the Necessary and Proper Clause (Article I, Section 8, Clause 18). The provisions supporting agriculture, nutrition, seafood, wood energy, and indigenous self-determination are legitimate exercises of federal power to promote the general welfare and regulate interstate and foreign commerce. However, as Madison notes, the bill must be carefully tailored to avoid exceeding enumerated powers and infringing on state sovereignty under the Tenth Amendment.

Hamilton YES

This bill falls squarely within the enumerated powers of Congress. Article I, Section 8, Clause 1 grants Congress the power to lay and collect taxes to provide for the general welfare, which plainly encompasses support for nutrition, farmers, and agricultural research. Clause 3 empowers Congress to regulate commerce with foreign nations, among the several states, and with Indian tribes; the provisions regarding the seafood industry and indigenous self-determination are legitimate exercises of that commerce power. Furthermore, the bill's support for wood energy and innovation is a proper means …

Article I, Section 8, Clause 1 Article I, Section 8, Clause 3 Federalist No. 23
Jefferson NO

This bill, while seemingly benign in its stated purposes, reaches far beyond the limited and enumerated powers delegated to the federal government by the Constitution. The Tenth Amendment reserves to the States, or to the people, all powers not expressly granted to the United States. Nowhere does the Constitution grant Congress a general power to support farmers, the seafood industry, or agricultural research. Such matters are properly the concern of the several States, and federal intrusion into these domestic pursuits violates the very principles of limited government upon which this Union w…

Amendment X Article I, Section 8
Madison CONDITIONAL

The bill's broad purposes touch upon multiple powers enumerated in Article I, Section 8: the general welfare clause, commerce with foreign nations and among the states, and the power to raise and support armies and a navy (for the seafood industry and wood energy provisions). The indigenous self-determination provisions may implicate the treaty power. However, the extent and necessity of each measure must be carefully weighed. Under Federalist No. 10, the government may properly regulate such matters if they affect the general welfare and do not exceed the enumerated powers. The bill must avoi…

Article I, Section 8, Clause 1: The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States... Article I, Section 8, Clause 3: [The Congress shall have Power] To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes... Tenth Amendment: The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. Federalist No. 10: ... regulation of the various and interfering interests forms the principal task of modern legislation... Federalist No. 45: The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite.
Marshall YES

This bill provides for the general welfare and addresses matters of agriculture, nutrition, and indigenous self-determination, which fall within the enumerated powers of Congress to regulate interstate commerce and to provide for the common defense and general welfare. The Constitution vests in Congress the power to lay and collect taxes, duties, imposts, and excises to pay the debts and provide for the common defense and general welfare of the United States. Furthermore, the necessary and proper clause permits Congress to pass laws that are appropriate and plainly adapted to carrying into exe…

Article I, Section 8, Clause 1 Article I, Section 8, Clause 18 McCulloch v. Maryland (1819)

What should pass

“AI Consensus Solution”

Read full document →

American Agriculture, Nutrition, and Innovation Act of 2025

To improve nutrition access for low-income Americans, support domestic farmers and the seafood industry, fund agricultural research and wood energy innovation, and strengthen indigenous self-determination, all within federal constitutional authority.

Bipartisan rationale: Honors Democratic priorities: robust nutrition assistance, support for small farmers and seafood harvesters, tribal self-determination, and climate-friendly wood energy. Honors Republican priorities: strict spending caps, sunset provision, state flexibility, fraud prevention, and no new permanent entitlements.

Funding: Reallocation of existing agricultural subs $50 billion over 5 years, with Sunset 5y Oversight: Government Accountability Offi Enforcement: Civil penalties of up to 10% of fund

Vote-count path: ~260 House votes: 180 Democrats (centrists and progressives) + 80 Republicans (fiscal conservatives and rural representatives); ~63 Senate votes: 50 Democrats + 13 Republicans (from farm-state and oversight-minded caucuses).

→ Article I, Section 8, Clause 1 (General Welfare) → Article I, Section 8, Clause 3 (Commerce Clause) → Article I, Section 8, Clause 18 (Necessary and Proper Clause) → Tenth Amendment (reservation of powers to states)

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