Brooke Christy is a rising 3L at University of Pittsburgh School of Law and a guest contributor to this blog.
When we recognize the contributions that colleges and universities have made in the agricultural sector, special thanks must be given to land-grant institutions. Land-grant institutions were created by Congress with the mission of democratizing agricultural education for the working class. Congress supported this mission by providing each state funds to establish a land-grant institution with (1) research centers focused on developing the next generation of technology for producers and (2) extension centers dedicated to providing non-formal educational programming to producers and consumers. The extension centers are the most unique aspect of land-grant institutions – they allow them to not only disseminate new information but also receive real-time feedback that helps identify emerging research questions and build relationships that allow the institution to better assist producers during times of emergencies. Since their inception, land-grant institutions have built strong reputations and manage about 3,000 extension offices nationwide.
Understanding the social and economic importance of land-grant institutions is the first step to understanding why it is so necessary that we reckon with the deep racial injustices that land-grant institutions were founded upon. The first land-grants were established by the Morrill Act of 1862. The United States government had not yet abolished slavery and continued to sanction the genocide of Native Americans. The very land that 1862 Land-Grant Institutions are built on was violently seized from Native Americans by the United States government through 160 land cessions. These institutions may have been created with an admirable mission, but it is undeniable that the benefits of land-grant institutions predominately served white people and excluded people of color for decades.
When Congress established land-grant institutions, the legislation did not explicitly exclude students or faculty of color, but it was clear that they were not welcome at many 1862 Land-Grant Institutions. The Second Morrill Act of 1890 is evidence of these exclusionary policies; this legislation made federal funding contingent upon states implementing racially non-discriminatory practices at 1862 Land-Grant Institutions or creating an institution of “like-character.” Eighteen states opted to create separate institutions rather than admit students of color – paving the way to establish a precedent of “separate but equal” educational settings. Thus, 1890 Land-Grants Institutions, which are designated Historically Black Colleges and Universities, were created and it would be another 104 years until tribally-controlled colleges would receive land-grant status. Yet, neither of these institutions would receive land or resources to build their endowments like their 1862 Land-Grant counterparts. Through legislative acts and omissions, Congress created a foundation of racial inequities within the land-grant system which has only been compounded by disparities in state funding. This history will be detailed in the Farm Bill Law Enterprise’s forthcoming report, titled “Equity in Agricultural Production & Governance.”
The 2023 Farm Bill presents a unique opportunity to reckon with the racial injustices within the land-grant system on a large scale and promote the original mission of land-grants by expanding agricultural education. The 2023 Farm Bill will mark two years since High Country News investigations revealed the violence-backed land cessions that provided land and wealth to 1862 Land-Grant Institutions. It will mark ten years since the policy brief, “Land-grant but Unequal” was released which highlighted significant disparities in state funding. It will mark thirty-one years since the Former President of Florida A&M University, Frederick Humphries, released “1890 Land-grant Institutions: Their struggle for survival and equality” which celebrated the centennial of their establishment but marked his concern for the future of the institutions if they do not receive equitable funding. It will mark fifty-five years since Martin Luther King Jr. organized the Poor People’s Campaign and spoke about the need for economic and racial justice within the land-grant system. It will also mark ninety-five years since the Presidents of 1890 Land-grant Institutions met in Washington, D.C., to advocate for the extension programs to be fully funded. We cannot let their work and requests go unanswered. We must meet the fierce urgency of now by providing equitable funding to ensure all land-grant institutions are empowered to build the agricultural workforce of tomorrow.
The views and opinions expressed on the FBLE Blog are those of the authors and do not necessarily reflect the official policy or position of FBLE. While we review posts for accuracy, we cannot guarantee the reliability and completeness of any legal analysis presented; posts on this Blog do not constitute legal advice. If you discover an error, please reach out to contact@farmbilllaw.org.
