Department of Education: What would dismantling it look like? What legal challenges could happen?
President Donald Trump signed an executive order Thursdy to begin dismantling the Department of Education.
During a White House ceremony for the signing, the president blamed the department for America바카라 게임 웹사이트s lagging academic performance.
바카라 게임 웹사이트It바카라 게임 웹사이트s doing us no good," he said as Education Secretary Linda McMahon and Texas and Florida Govs. Greg Abbott and Ron DeSantis watched in attendance.
Trump said to McMahon that he hopes she will be the "last secretary of education."
The president campaigned on abolishing the department, claiming it has been overrun by 바카라 게임 웹사이트radicals, zealots, and Marxists바카라 게임 웹사이트 pushing a 바카라 게임 웹사이트woke agenda.바카라 게임 웹사이트 He has also expressed support for states assuming more responsibility for education.
While Trump may aim to dismantle the Department of Education, he cannot eliminate it unilaterally through an executive order. That바카라 게임 웹사이트s because abolishing a Cabinet department requires congressional action, as Congress established the department in 1979 and appropriates its funding.
바카라 게임 웹사이트Constitutionally and legally, and I think the answer for most observers who look at these matters, the answer is no. I mean, it's pretty clear the answer is no (he can바카라 게임 웹사이트t abolish the Department of Education),바카라 게임 웹사이트 said Matt Dallek, a professor at George Washington University.
Dallek, an expert on modern American political history and the use of presidential power, explained that Trump바카라 게임 웹사이트s main roadblock is that Congress controls the power of the purse, a principle codified in the 1974 Impoundment Control Act.
바카라 게임 웹사이트The Impoundment Act says essentially that presidents cannot simply redirect funds or spend as they wish in defiance of Congress and that, you know, Congress controls the spending,바카라 게임 웹사이트 Dallek said. 바카라 게임 웹사이트It really gets to the heart of separation of powers.바카라 게임 웹사이트
Trump바카라 게임 웹사이트s effort to dismantle the Education Department has focused heavily on the federal agency바카라 게임 웹사이트s supposed influence on curriculum, highlighting issues like critical race theory. However, the department does not set curricula for schools; that responsibility is already largely left to state and local authorities.
The department바카라 게임 웹사이트s primary role is financial, providing funding for programs like student loans and financial aid, special education, subsidies for low-income districts, and civil rights enforcement. Congress has already approved and appropriated the funding for these programs.
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바카라 게임 웹사이트There바카라 게임 웹사이트s a reason why Congress has not voted to abolish the Education Department,바카라 게임 웹사이트 Dallek said. 바카라 게임 웹사이트You know, people hate government in the abstract. They think it's bloated. But, you know, a lot of people rely on it or value a particular service or particular funding stream.
바카라 게임 웹사이트A lot of rural districts that vote overwhelmingly conservative, you know, they get funding from the Department of Education,바카라 게임 웹사이트 Dallek continued. 바카라 게임 웹사이트It's not as if Republicans in Congress are chomping at the bit to abolish it, or at least a lot of them I don't think are, because it would hurt their constituents.바카라 게임 웹사이트
About 6 in 10 registered voters oppose Trump바카라 게임 웹사이트s plan to eliminate the Department of Education, according from March.
An also found about 6 in 10 U.S. adults overall opposed proposals to dismantle the department.
Americans have mixed views of the Department of Education, according to polling. They were about evenly split between favorable and unfavorable views in a 2024 poll, with about two-thirds of Republicans having a negative view.
Dallek said that although Trump바카라 게임 웹사이트s power to abolish the department is constrained, there are other avenues he could explore to hinder its function that are less legally defined.
바카라 게임 웹사이트Trump may not have the power to abolish it, but, you know, they could certainly try to defund it. They could fire a lot of people. They could use all kinds of machinations to make it dysfunctional and to perpetuate that kind of chaos,바카라 게임 웹사이트 Dallek said.
Dallek compared it to Trump바카라 게임 웹사이트s approach to USAID and the Consumer Financial Protection Bureau.
The Education Department has already faced some of that treatment. Elon Musk바카라 게임 웹사이트s Department of Government Efficiency (DOGE) cut it dismissed as 바카라 게임 웹사이트woke바카라 게임 웹사이트 and wasteful. It gutted the Institute of Education Sciences, which gathers data on the nation바카라 게임 웹사이트s academic progress, and the administration has scores of employees.
바카라 게임 웹사이트I think the legal question, the Constitution question is really important. But there's also the reality of how Trump and Musk and his administration are now operating. And the reality is that they clearly don't care about the Constitution or Congress,바카라 게임 웹사이트 Dallek said. 바카라 게임 웹사이트And if you don't care about those things, you can do a lot of damage. And in a way, whether (the Education Department) is still standing after four years or not, I mean, it's possible that바카라 게임 웹사이트s a little beside the point.바카라 게임 웹사이트
Washington Post columnist Ramesh Ponnuru that Trump could also shift all of the programs within the Education Department to other agencies, rendering it impotent.
바카라 게임 웹사이트The Justice Department would take over the work of enforcing civil rights in education, for example, and the Treasury Department would oversee student loans,바카라 게임 웹사이트 Ponnuru wrote.
Trump stated during his White House signing ceremony Thursday that he would likely be taking this route.
The president said programs like Pell Grants and Title I will "be preserved in full and redistributed to various other agencies and departments that will take very good care of them."
Dallek, who spoke to Hearst Television before the president signed the executive order, said he did not think that Trump would take that approach since the administration has opted for a more 바카라 게임 웹사이트slashing and burning바카라 게임 웹사이트 style with other agencies. But he acknowledged that it could be a possibility.
Either way, Dallek said he believes Trump will face legal challenges.
바카라 게임 웹사이트I think whatever order Trump signs, whatever form it takes, it will be, very quickly swept into the courts,바카라 게임 웹사이트 Dallek said.
Democratic attorneys general in 20 states and the District of Columbia filed a lawsuit against the Trump administration, alleging that the mass layoffs at the Department of Education are gutting the agency to implement Trump's unlawful plan to dismantle it.
The states accuse the administration of 바카라 게임 웹사이트effectively nullifying바카라 게임 웹사이트 mandates by Congress that require the department to carry out certain functions.
The Associated Press and CNN contributed to this report.