Trump’s Plans for the Department of Education: Legal Hurdles Ahead
As President-elect Donald Trump prepares to take office for a second term, he has reignited discussions on his long-standing proposal to abolish the Department of Education (DOE). However, experts assert that the incoming Commander-in-Chief would need to navigate significant legal and legislative roadblocks to dismantle this federal agency.
Trump’s Campaign Promise
During his previous campaign, Trump boldly stated, “One thing I’ll be doing very early in the administration is closing up the Department of Education in Washington, D.C., and sending all education and education work it needs back to the states.” This claim reflects a longstanding belief among some Republicans that educational governance should be localized, reducing federal influence over school systems across the nation.
Legal Roadblocks to Abolishment
As Trump solidifies his agenda for the new term, legal experts are weighing in on the implications of his statements regarding the DOE’s potential dissolution. Andrew Stoltmann, a law professor and attorney, explained that abolishing a federal department is not a unilateral action that the President can take. “President Trump does not have the ability to eliminate a federal department. Eliminating it would require congressional action, including a supermajority of 60 votes in the Senate,” he said.
This means that, even if Trump could build a coalition of support for his plan amongst his party members, he would likely still need to win over a significant number of Democrats to achieve the necessary supermajority, a feat that seems daunting given the current political climate.
Challenges in Congress
Jamie E. Wright, a political pundit and founder of the Wright Law Firm, noted that dissolving the DOE would necessitate Congress passing new legislation that alters the foundational laws establishing the department. “To pass such a bill successfully into law would require backing from members of Congress for the president’s agenda to advance smoothly through the legislative process—an endeavor that may present obstacles should opposition arise from legislators who consider the Department of Education crucial for ensuring consistent national educational guidelines and federal funding allocation for education initiatives,” Wright elaborated.
Wright also emphasized the significance of public opinion and bipartisan support in such an endeavor, remarking that “removing an agency could pose a challenge due to the need for widespread political backing, unity in Congress, and broad public approval.”
Historical Context of DOE Opposition
The movement to dismantle the Department of Education is not new; Republicans have called for its abolition ever since former President Jimmy Carter established it in 1979. Notably, during the 1980 presidential race, Ronald Reagan made it a key component of his platform, advocating for decisions regarding education to be determined at the local level—a position that resonates with Trump and many of his supporters.
More recently, in 2023, Rep. Barry Moore, R-Ala., introduced a bill designed to “abolish the Department of Education and provide funding directly to states for elementary and secondary education.” However, the proposed legislation did not gain traction in Congress.
A Possible Leadership Choice
If Trump’s plan to eliminate the DOE does not materialize, the President-elect still has several candidates in mind to lead the department. Among the top contenders is his former Education Secretary, Betsy DeVos, who has previously expressed support for Trump’s radical educational reforms.
Interestingly, while the abolition of the department remains a polarizing issue, there may be a more feasible approach for Trump if he chooses to appoint someone who aligns closely with his agenda. Stoltmann suggested that the most realistic scenario under a Trump administration may involve appointing a controversial nominee who effectively serves as a “figurehead” at the Department of Education, allowing the agency to maintain its existence while simultaneously stalling its operations and minimizing its influence.
Conclusion: A Divided Road Ahead
As Trump approaches his second term with a vision to reshape the educational landscape in America, the feasibility of abolishing the Department of Education hangs in the balance. With the need for broad congressional support, the challenges of the legislative process, and the historical significance of the agency’s role in American education, it remains to be seen whether the Department of Education will withstand this latest challenge or if it will ultimately face dissolution in accordance with Trump’s ambitious agenda.
Regardless of the outcome, the discussions surrounding educational policy and governance will likely continue to invoke passionate debate among lawmakers, educators, and citizens alike, underscoring the complexities and intricacies of America’s education system and its governance at both the state and federal levels.
