Trump Issues E.O. Abolishing the Federal Education Department, But Can He Really Make It Go Away?

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President Donald Trump’s bold executive order to dismantle the Education Department has triggered protests, lawsuits, and a flurry of constitutional questions. Surrounded by schoolchildren, Trump signed the directive at the White House, calling the department “useless” and vowing to return power to states and parents. But experts and lawmakers on both sides agree on one thing: the president cannot legally eliminate a federal agency without congressional approval.

Trump’s order directs Education Secretary Linda McMahon to begin closing the agency and redistributing its functions. While the administration insists that critical services—like federal student loans, Pell grants, and disability funding—will continue uninterrupted, opponents say this is an unprecedented overreach.

The Education Department, established by Congress in 1979, manages more than $1.5 trillion in student loans and enforces civil rights laws in schools. According to the Constitution, only Congress has the power to eliminate a cabinet-level agency it created. Trump’s move, though forceful, is more of a political declaration than a legal dismantling—at least for now.

Executive Orders Can Weaken Agencies—But Not Eliminate Them

Trump’s order is already having real effects. His administration slashed the department’s workforce by over 50%, gutted research arms, and reduced funding for civil rights enforcement. Many see this as a clear attempt to hollow out the department from within while waiting for Congress to act.

The president’s directive also contains conflicting instructions. It asks Secretary McMahon to dismantle the agency while simultaneously complying with all federal laws that govern its operations. Legal experts say this contradiction may lead to immediate court challenges.

Groups like the American Civil Liberties Union and the American Federation of Teachers have vowed to sue. They argue the order violates the Constitution’s separation of powers and endangers the rights of vulnerable students. They’re also preparing to cite the Supreme Court’s 2024 ruling that sharply limited the executive branch’s power to interpret statutes without congressional oversight.

Trump’s EO Abolishing the Education Department Has Republican Support, But…

While many Republicans support the idea of closing the Education Department, they recognize the legal limits. The Senate would need at least 60 votes to abolish the agency—a high bar even with a Republican majority. Senator Bill Cassidy has pledged to introduce legislation, but previous efforts to close the department have repeatedly failed.

Even some Republican lawmakers are hesitant, knowing their constituents rely on the department for student aid, low-income school support, and special education programs. Public polling over the past two months shows nearly two-thirds of Americans oppose closing the agency outright.

Still, Trump’s base views the move as a strike against bloated bureaucracy. Conservatives have long criticized the department for pushing what they call “left-wing ideology” in schools and wasting taxpayer dollars. Trump’s executive order taps into that sentiment by promising to eliminate programs that promote “diversity, equity, and inclusion” and returning education oversight to the states.

The Broader Impact: What Happens If the Department Shrinks

Even if Trump can’t fully dissolve the Education Department, his administration can severely shrink its footprint. Functions like federal aid could be reassigned to the Treasury or other agencies. Civil rights enforcement could be weakened through staffing and resource cuts. And messaging alone—repeating that the department “does nothing for students”—could influence future budget negotiations.

Education advocates worry that marginalized students would suffer the most. Without a strong federal presence, they argue, states could fall short in enforcing anti-discrimination laws or delivering services to disabled students. Before the department existed, many students in low-income and minority communities were denied equal opportunities. That federal safeguard, critics say, is now under threat.

But others argue that Trump is simply delivering on a conservative promise made for decades. His supporters see federal education control as ineffective and want schools governed locally, not from the federal Education Department based in Washington, D.C.

Should Congress back Trump’s move to dismantle the Education Department?

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