President-elect Trump has said he will get rid of the Department of Education if elected, but legal experts tell Fox News Digital he would need congressional approval to do so
President-elect Trump wants to abolish the Department of Education (DOE), but experts suggest the incoming commander in chief would need congressional approval before doing so.
“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,” Trump said on the campaign trail.
As Trump solidifies his agenda for a second term, attorneys explained the legal process he would have to go through before proceeding with plans to dissolve the federal department.
Andrew Stoltmann, an attorney and law professor, told Fox News Digital Trump would need approval from a supermajority in Congress to do away with the DOE.
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“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 said. “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.”
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Stoltmann suggested the most realistic scenario is if Trump appoints someone aligned with his agenda to head the department.
“He would need 60 votes in the Senate, and the realistic chances of that are virtually zero,” he told Fox. “Trump‘s best bet is to appoint somebody who will effectively be a figurehead at the Department of Education. This doesn’t eliminate the department, but it effectively neuters it during his term.”
Jamie E. Wright, a political pundit and founder of the Wright Law Firm, told Fox that to dissolve the department, Congress would need to pass new legislation that addresses the laws establishing and sanctioning 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 in ensuring consistent national educational guidelines and federal funding allocation for education initiatives,” Wright told Fox.
“Removing an agency could pose a challenge due to the need for widespread political backing, unity in Congress and broad public approval.”
Republicans have called to dismantle the agency for decades since former President Carter established the department in 1979.
Former President Reagan championed abolishing the education department and that decisions regarding schools be determined at the local level.
Rep. Barry Moore, R-Ala., introduced legislation in 2023 to “abolish the Department of Education and to provide funding directly to states for elementary and secondary education,” but the bill did not pass.
If the department remains intact, there are several candidates rumored to be potential candidates to head the education unit under Trump, including his former Education Secretary Betsy DeVos.
