Real bill currently in Congress  c/o  S/119/5253

Tick-Borne Livestock Disease Research Prioritization Act

Policy area: Agriculture and Food ▲ 30 days since action Sponsor: Eric Schmitt, MO-Senate, R → Congress.gov

Latest action (2026-08-05): Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry.

The Framers

“Founders’ Verdict”

CONSTITUTIONAL

Confidence 0.75

Synthesis

The bill is constitutional because it falls within Congress's enumerated powers under the Commerce Clause (Article I, Section 8, Clause 3) and the General Welfare/Spending Clause (Article I, Section 8, Clause 1), and is supported by the Necessary and Proper Clause (Article I, Section 8, Clause 18). Livestock diseases substantially affect interstate commerce, and research funding is a proper means to regulate that commerce and provide for the general welfare. The bill does not commandeer states or exceed federal authority as long as it respects the Tenth Amendment by focusing on activities with interstate implications.

Hamilton YES

This bill falls squarely within the enumerated powers of Congress under Article I, Section 8, Clause 3, which grants Congress the authority to regulate commerce among the several states. Livestock diseases directly affect interstate and international commerce in agricultural products, and research into such diseases is a proper means of regulating that commerce. Additionally, Article I, Section 8, Clause 1 empowers Congress to provide for the general welfare through spending, and funding research into agricultural diseases is a legitimate exercise of that power. The bill does not infringe upon…

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

The Constitution grants Congress power over interstate commerce, including agriculture, under Article I, Section 8, Clause 3. However, the Tenth Amendment reserves to the states all powers not delegated to the United States. This bill may be constitutional if it strictly addresses interstate livestock disease threats and does not intrude upon state police powers over intrastate animal health. It must not impose unfunded mandates or direct state research priorities, as such would exceed enumerated powers.

Article I, Section 8, Clause 3 Amendment X
Madison YES

This bill, by directing federal research into tick-borne livestock diseases, falls squarely within the enumerated powers of Congress to regulate interstate commerce and to provide for the general welfare. Livestock diseases do not respect state boundaries, and their control and prevention directly affect the flow of agricultural products in interstate and foreign commerce. Moreover, the federal government has long exercised its spending power to support agricultural research, which is a legitimate object of the common defense and general welfare. As I noted in Federalist No. 45, the powers del…

Article I, Section 8, Clause 3 (Commerce Clause) Article I, Section 8, Clause 1 (Spending for General Welfare) Federalist No. 45
Marshall YES

This bill, which amends the Food, Agriculture, Conservation, and Trade Act of 1990 to prioritize research on emerging tick-borne livestock diseases, falls within the legitimate powers of Congress under the Constitution. The regulation of livestock diseases directly affects interstate commerce in agricultural products, as diseased animals or their products may be transported across state lines, thereby affecting trade and economic activity. The Commerce Clause grants Congress the authority to regulate such commerce, and the Necessary and Proper Clause provides the means to effectuate that power…

Article I, Section 8, Clause 3 (Commerce Clause) Article I, Section 8, Clause 18 (Necessary and Proper Clause) Gibbons v. Ogden (1824) McCulloch v. Maryland (1819)

What should pass

“AI Consensus Solution”

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Livestock Tick-Borne Disease Research Prioritization and Sunset Act

To prioritize and fund research on emerging tick-borne diseases affecting livestock in order to protect animal health, agricultural productivity, and potential public health risks.

Bipartisan rationale: Democratic priorities: Supports public health, animal welfare, and evidence-based scientific research on emerging diseases. Republican priorities: Limits federal spending with a five-year sunset, encourages targeted rather than open-ended funding, and respects state roles by focusing on federal research infrastructure without imposing mandates on livestock producers.

Funding: Direct appropriation from the General Fund $250 million total over five years Sunset 5y Oversight: USDA Office of the Inspector G Enforcement: Grant recipients must comply with re

Vote-count path: Estimated House: ~280 votes (180 Democratic centrists + 100 Republican federalists favoring limited intervention); Senate: ~65 votes (45 Democrats + 20 Republicans from agriculture-heavy states).

→ Article I, Section 8, Clause 3 (Commerce Clause) → Amendment X (reserved powers, but this program is within federal authority as it addresses interstate commerce impacts)

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