We the People Can President Trump unilaterally lay off 1,400 Department of Education employees?
Jul 17, 2025
Derek Black, a constitutional law professor at the University of South Carolina, and Neal McCluskey, director at the Cato Institute Center for Educational Freedom, dive into the implications of President Trump's proposed layoffs in the Department of Education. They analyze the balance of power between federal and state authorities, the historical evolution of the department, and the potential impacts on student rights. The duo also reflects on the legality of such staff reductions and whether a leaner department could effectively serve its educational mission.
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Limits on Presidential Power
- The president cannot unilaterally shut down the Department of Education because Congress determines spending and organization.
- Firing many employees may hinder the department's ability to fulfill statutory duties, violating constitutional limits.
Intent vs. Effect on Department
- Cutting 1,400 employees is not equivalent to eliminating the entire department.
- The administration says closing the department requires Congress, not unilateral presidential action.
Effect Over Intent in Legal Review
- Courts often focus on the actual effect of presidential actions rather than stated intentions.
- Evaluating constitutional violations requires factual assessment beyond rhetoric.
