Part of my constitutional law class is writing discussion posts, so I figured I would share them here. Keep in mind, these are just a quick overview (and my opinion) on the state of things. Enjoy!
A little over a week ago, President Trump announced his plan to get rid of the Department of Education. While campaigning for the 2024 election, Trump made numerous statements about his plans to dismantle the department, citing a desire for a less centralized federal government. Among the many responsibilities of DoEd are things like granting federal student loans, regulating Title I claims (regarding low-income students), helping students with disabilities, and conducting education-related research. Supposedly, a number of these tasks would be distributed to other federal departments.
To actually dismantle a federal department requires Congressional approval. Based on what we’ve learned in class, one could see how relegating a majority of the DoEd’s tasks to states/other departments would follow with rulings like Lopez. Education is largely seen as a power reserved to the states. However, much of what the DoEd does is intertwined with other recognized rights that go beyond a state’s power to regulate education. And really the DoEd only regulates education by the barest definition. It provides equal access to students, while leaving things like curriculum and hiring to the states. To me, this is a brazen move to override the separation of powers system we have in place. Whether or not President Trump gets congressional approval to completely demolish the DoEd, there is a real possibility of him stripping away its influence without going through the proper channels.
You can read or listen for more information on the DoEd:
WSJ article on the executive order: https://www.wsj.com/politics/policy/education-department-trump-executive-order-eeaf1cb6
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