NIN Web Desk : Dr subhrojyoti chattopadhyay ; Trump is expected to sign the order to start dissolving the department in an effort to “turn over education to families instead of bureaucracies,” according to a White House fact sheet previously reported by Fox News Digital. If Trump signs such an order, expected as soon as Thursday, he can significantly diminish the department.
However, the entire agency cannot be outright abolished unless Congress passes legislation that addresses the laws establishing the department. The Education Department was established in 1979 after Congress passed the Department of Education Organization Act, signed into law by former President Jimmy Carter. Republicans, including former President Ronald Reagan, have since spent decades calling for the department to be dismantled in an effort to allow educational decisions to be determined at the state and local level.
In order to pass any legislation, Trump would need congressional approval from a supermajority in Congress to eliminate the department, according to Andrew Stoltmann, an attorney and law professor. “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,” Stoltmann told Fox News Digital. “So, even if Trump can follow through with what he says, he has to pull in some Democrats in the Senate, and that will likely be impossible.”
Jamie E. Wright, a political pundit and founder of the Wright Law Firm, also previously told Fox News Digital that there could be obstacles to passing such a bill. 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 in ensuring consistent national educational guidelines and federal funding allocation for education initiatives,” Wright told Fox.
Trump has promised since his 2024 presidential campaign that he would work to close the department during his second term, tapping Education Secretary Linda McMahon to head the agency to quickly “put herself out of a job.” During her confirmation hearing in February, McMahon acknowledged that the administration would need approval from Congress to move forward with actions to abolish the agency.
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