Scotus to Trump: OK to dismantle Education Department

By Norman Rockwell - 1964

 

The southern resistance to segregation was grounded - ostensibly - on states' rights.

So when the Congress created the Department of Education that was seen as just institutionalizing the Supreme Court's federal tyranny over the south and local control of education.

Donald Trump has accomplished the long-sought task of elimiting the federal Department of Education which was carved out of the Department of Health, Education and Welfare.  A federal judge enjoined the move to virtually dismantle the Department.  The high court has stayed the injunction - a death knell for the DOE.

The Suprme Court has green lighted the dismantling in Linda McMahon, Sec'y of Education  v. State of New York . Justices Sotomayor, Kagan, and Jackson dissent. Sotomayor writes:

JUSTICE SOTOMAYOR, with whom JUSTICE KAGAN and JUSTICE JACKSON join, dissenting. 

This case arises out of the President’s unilateral efforts to eliminate a Cabinet-level agency established by Congress nearly half a century ago: the Department of Education. As Congress mandated, the Department plays a vital role in this Nation’s education system, safeguarding equal access to learning and channeling billions of dollars to schools and students across the country each year.

 

Only Congress has the power to abolish the Department. The Executive’s task, by contrast, is to “take Care that the Laws be faithfully executed.” U. S. Const., Art. II, §3. Yet, by executive fiat, the President ordered the Secretary of Education to “take all necessary steps to facilitate the closure...