An Education Department executive order cannot shut down the agency by itself, experts say, because Congress created the department in 1979. President Trump wants to move control of education to the states, but eliminating the department requires new laws from Congress.
President Donald Trump wants to get rid of the U.S. Department of Education. But experts say he can’t do that with just an executive order. That’s because the department was created by Congress, and only Congress can fully shut it down.
During a recent news conference, Trump said he plans to move control of education from Washington to the states. “We’re going to move education into the states, so that states, instead of Washington bureaucrats, can run it,” he said.
Congress Must Be Involved
Since Congress created the Department of Education in 1979, it also controls whether it continues to exist. The same goes for the many education programs run by the department, like Title I funding for students in poverty and the Individuals with Disabilities Education Act (IDEA).
To truly eliminate the department or shift its duties to other agencies, Congress must approve new laws. Without that, many parts of the department can’t be legally removed.
Department Cuts and Legal Battles Begin
Even though Trump can’t dissolve the department outright, his administration recently laid off or offered buyouts to nearly half the staff. That sparked lawsuits from states and outrage from teacher unions, who argue that the cuts could harm students and violate laws that protect important programs.
Trump signed an executive order requiring agencies to report which programs are legally required by Congress. It’s part of a broader effort to shrink government operations.
Education Secretary McMahon: Some Programs Must Stay
Education Secretary Linda McMahon admitted in a Senate hearing that some programs can’t be removed because they are set by law. “Those have to be looked at,” she said, adding that Congress would need to help make major changes.
Democrats argue Trump is trying to sidestep Congress. “They know they can’t fully eliminate the department, so they’re trying to gut it from the inside,” said Sen. Patty Murray, the top Democrat on the Senate Appropriations Committee.
Trump’s Long-Standing Goal
Trump has long said he wants to shut down the Education Department. He believes states should make decisions about schools and wants to give families more choices outside public education.
McMahon called her job a “final mission” to restructure the department. “He wants me to put myself out of a job,” she said in an interview.
Teachers Unions Push Back
Teachers groups say Trump’s plan would cut essential services. Randi Weingarten, president of the American Federation of Teachers, said federal laws require the department to help millions of students in need. “We will fight them tooth and nail,” she said.
Bigger Battle Over Who Sets Government Priorities
This fight is part of a bigger battle between Congress and the executive branch over who decides how the government works and spends money. Similar cuts are being attempted at other agencies like the U.S. Agency for International Development (USAID) and the Consumer Finance Protection Bureau (CFPB).
USAID and CFPB Also Targeted
Elon Musk, a senior advisor to Trump, mocked USAID on social media, saying he “fed it into the wood chipper.” Secretary of State Marco Rubio said USAID had already canceled most of its programs. Judges are now reviewing lawsuits over these moves.
Trump also tried to slash staffing at CFPB. After unions sued, a judge paused the layoffs. The government says the agency will keep doing what the law requires, but critics fear its powers are being quietly removed.
Statutes vs. an Education Department Executive Order
The issue comes down to how agencies were created. Agencies made by executive order can be ended by another order. But agencies created by Congress require new laws to be changed or removed.
Trump has used orders to pull the U.S. out of the World Health Organization and to remove some smaller agencies. But cutting larger agencies like the Education Department requires legal changes.
Congressional Oversight Still Matters
Senators pressed McMahon about whether she would need a new law to close the department. She said yes. “We’d like to do this right,” she said, stressing the need to work with Congress.
McMahon said she’s also reviewing whether parts of the department’s work can be handled better by other agencies or states.
Musk Dismisses the Department
Despite all the legal questions, Musk joked on social media, “What is this ‘Department of Education’ you keep talking about? I just checked and it doesn’t exist.”
Major Job Cuts Already Happening
The department has already cut its workforce by nearly half, from over 4,100 employees to around 2,100. Laid-off workers will be on leave starting March 21. Those with union contracts will be paid until June and get severance packages.
Twenty states and Washington, D.C., are suing to stop the cuts. They say McMahon doesn’t have the power to eliminate so many workers without violating laws that protect vital programs.
Experts Say This Move Goes Beyond Reagan’s Era
Experts compare Trump’s effort to a past Republican push to weaken federal agencies during President Ronald Reagan’s term. But they say Trump’s approach is more aggressive and far-reaching.
David Lewis, a political science professor at Vanderbilt University, said, “This far surpasses what happened during the Reagan administration.”
Source: Al Jazeera
