Marti Oakley  © 2012 All Rights Reserved

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 The agricultural survey sent out to glean voluntary information from unsuspecting small livestock owners and even smaller growers of personal use gardens contains a citation that is meant to imply that not only does USDA have the authority to conduct the survey, but also, that you are compelled to comply.  Relying on Title 5: Confidential Information Protection and Statistical Efficiency Act (CIPSEA) USDA is claiming this survey is compulsory.  Unfortunately for USDA, they do not qualify as a federal agency as the underlying authority they are claiming, Title 7, Agriculture is non-positive code and therefore their very existence is not only unconstitutional, but any edict or supposed “law” regulation or rule coming from them is unenforceable.  As there is no underlying provision in the Constitution for the USDA to even exist, it cannot claim some newer law or proviso as verification of its authority as these provisions and public laws can only be applied to lawfully constructed agencies. 

USC 44 Chapter 35 section 3502 (this section is relied on for assumed authority and is the result of writing EO # 13083 into public law)

3502. Definitions

As used in this chapter –

(1) the term “agency” means any executive department, military department, Government corporation, Government controlled corporation, or other establishment in the executive branch of the Government (including the Executive Office of the President), or any independent regulatory agency, but does not include – 

(A) the General Accounting Office;

(B) Federal Election Commission;

C) the governments of the District of Columbia and of the territories and possessions of theUnited States, and their various subdivisions; or

(D) Government-owned contractor-operated facilities, including laboratories engaged in national defense research and production activities;

And finally:

(13) the term “recordkeeping requirement” means a requirement imposed by or for an agency on persons to maintain specified records, including a requirement to –

(A) retain such records;

(B) notify third parties, the Federal Government, or the public of the existence of such records;

(C) disclose such records to third parties, the Federal Government, or the public; or

(D) report to third parties, the Federal Government, or the public regarding such records; and 

(14) the term “penalty” includes the imposition by an agency or court of a fine or other punishment; a judgment for monetary damages or equitable relief; or the revocation, suspension, reduction, or denial of a license, privilege, right, grant, or benefit.

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The final entry (#14) is the federal government granting itself the authority, via corporate federal agency, to impose fines and punishments, and abrogation of your rights and privileges or any other benefits you might have possessed. 

USDA is an autonomous federal corporation and is not subject to direction or control by congress or the president.  While the federal government unconstitutionally created this agency in 1852 under President Lincoln, it was not created as an cabinet level agency.  What it has morphed into over the last century and a half, is a monolithic monster dedicated to eradicating anything but multi-national industrialized corporate farming and ranching.

While CIPSEA may have been codified into public law (#107-347) and supposedly covers the collection of statistical information for an alphabet soup collection of federal agencies, USDA is conspicuously absent from the list.  That should not be construed to mean that USDA was prohibited from using this Title to falsely assert it had the right, or the authority to send out surveys indicating that it was somehow operating under some special authority to gather personal information the agency has no real authority to gather.  This public law was specifically constructed to convey to federal corporate agencies, including those created unlawfully, an assumed right to demand information from the public directly affecting personal rights to privacy and property rights.

Bear in mind that CIPSEA and US Code & Title are contract law for corporations and not the common law of the people.  By forcing us into contract law and to abiding by US Code & Title, we forfeit our constitutional protections and rights.

Now should some law firm or attorney ever choose to challenge this in, say for instance, the Supreme Court, USDA would not be able to cite any enforceable law that would be supported by constitutional provisions or citations that would authenticate and validate its existence.  The first demand the court should make of USDA is that they prove their existence is constitutional.  Of course, this Supreme Court that we are forced to endure pays little if any attention to the Constitution and no doubt would twist themselves into all kinds of legal pretzel shapes to avoid having to ask the question to begin with.  

About that survey:

The fact remains that USDA is an unconstitutionally created agency that exists as a privately held federal corporation.  It has no authority within the states until your governor directs a state agency to contract with the federal agency.  Even then, your state agency has no authority to subject you, the property owner, to unrevealed contracts it has entered into with the federal agency. 

The attempt by USDA to make its demand for information appear credible is the reliance on EO 13083 and the definition of the word “agency” contained therein.  It then attempts to tie itself to CIPSEA and claim authority there.  In neither case do these things imply or state that an unconstitutional agency has any authority whatsoever and USDA knows far better than we do that it has no power to enforce anything. 

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EO 13083 Definition of agency http://www.uhuh.com/laws/44usc3502.htm 

Title 5 bill                                      http://aspe.hhs.gov/datacncl/Privacy/titleV.pdf 

MOU on CIPSEA http://www.ers.usda.gov/AboutERS/CIPSEA_ERS_2010.pdf

 On May 15, 1862, President Abraham Lincoln established the independent Department of Agriculture to be headed by a Commissioner without Cabinet status.