Can Donald Trump close the Department of Education?

As we speak the ink of Donald Trump‘s signature is drying on an executive order ordering Education Secretary Linda McMahon to destroy the Department of Education. This governmental department is tasked with delivering financial aid for education, analyzing data on educational trends, identifying areas for educational reform, and ensuring every child has equal access to education.

The DoE has been in Trump’s crosshairs for some time, with him arguing that its multi-billion dollar budget hasn’t translated into improved test scores. The fact that its mission statement is to eliminate discrimination in schools hasn’t helped, resulting in Trump putting them on blast for supporting “radical indoctrination” and holding it up as a prime example of the DEI he wants to stamp into the dust.

Trump surrounded himself with children as he signed the document, vowing that its days are numbered:

“My administration will take all lawful steps to shut down the department. We’re going to shut it down and shut it down as quickly as possible. It’s doing us no good.” 

But does the law really allow Trump to shutter a federal agency and is there anything that can be done to stop this?

Laws? Buddy, this is Trump

As per the laws of the United States, Donald Trump is not allowed to shut down the Department of Education. Congressional approval is not only explicitly required to shut down a federal department, but requires 60 votes. The Republicans currently have a 53-47 majority, so Trump getting Congress to sign off on it would require seven Democrats to vote with him.

Democratic congressman Maxwell Frost laid it out: “The reality is that the Trump administration does not have the constitutional power to eliminate the Department of Education without the approval of Congress.

All that said, anyone who believes Trump is still beholden to laws is like a red-faced basketball official spluttering “a dog can’t play basketball!” as Air Bud does slam dunk after slam dunk behind him. Yes, he’s not allowed to shut down the Department of Education without congressional approval, but he’s going to do it anyway and nobody is going to stop him.

The most the Democrats will muster is a legal challenge to this and, as the law is explicitly behind them, a judge may well rule in their favor. Then the Trump administration merely kicks it up to the Trump-lovin’ Supreme Court, who’ll rule in his favor, rubberstamp the order declaring Trump’s executive order legal, get in their cars, and drive home to their opulent houses paid for by shady Republican moneymen.

Even if some Republicans find themselves with guilty consciences, all the White House needs to do is point out that Trump explicitly campaigned on shutting down the DoE and Americans voted en masse for him, meaning this is the will of the people and you can go spin.

So, for those at the back who don’t quite realize what country you’re living in now let’s make it clear. Is Trump allowed to shut down the Department of Education? Hell no. Is he going to do it? Of course he is, duh.