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| Source:NBC News with a look at Donald J. Trump (MAGA, Florida) 47th President of the United States & 1st wannabe dictator. And Linda McMahon who is about to be the former U.S. Secretary of Education? |
From NBC News
From U.S. News:
"President Donald Trump and billionaire ally Elon Musk are testing the limits of executive branch power.
Legal experts agree that Trump does not have the Constitutional authority to dissolve government agencies, like the Department of Education.
The Supreme Court will likely have to weigh in on whether a president can drastically downsize an agency...
The question of whether a president can close a congressionally established agency, like the Department of Education, is easy to answer: No. That’s according to the multiple constitutional, legal, administrative and political analysts who have weighed in on the topic for this report.
“Most of these things are just simply illegal,” says David Super, a professor with a specialty in constitutional law at Georgetown University Law School. “The new administration has decided that they don't think anyone is going to insist on the checks and balances system anymore, and that we can go to a vastly stronger president – a presidency that is probably closer to George III than George Washington and that no one will stop them.”
From U.S. News
I would love to be proven wrong here, but from what I've been reading, I'm not seeing anything in the Constitution that says the President can either, or not unilaterally eliminate executive departments that were created by Congress, all by himself:
"The Constitution does not establish administrative agencies or explicitly prescribe the manner by which they may be created. Even so, the Supreme Court has generally recognized that Congress has broad constitutional authority to establish and shape the federal bureaucracy. Congress may use its Article I lawmaking powers to create federal agencies and offices within those agencies, design agencies' basic structures and operations, and prescribe, subject to certain constitutional limitations, how those holding agency offices are appointed and removed. Congress also may enumerate the powers, duties, and functions to be exercised by agencies, as well as directly counteract, through later legislation, certain agency actions implementing delegated authority...
From Congress.Gov
From what I have been reading, the Supreme Court in the past has ruled that Congress has the sole authority to establish or eliminate executive departments. But that doesn't mean the John Roberts Court would adhere to that.
So that poses a practical question from me to any practical Republicans out there, like a Constitutional Conservative: (for example) do you really want some future left-wing Democratic president to have the same power to eliminate executive departments, as Donald J. Trump? Because that's exactly what the Supreme Court would be granting, if they let President Trump go through on unilaterally eliminating the U.S. Department of Education.
I think this is a question that not just Chief Justice Roberts, or Justice Amy Coney Barrett (who have served as a check on DJT's power in the past) need to be thinking about, but Justice Neal Gorsuch as well.
Final point on this: imagine someone as far to the left as Dr. Jill Stein (who ran for President the last 4 cycles for the Green Party) somehow wins the Democratic nomination for President in the future and they know even a Democratic Congress, with large majorities (House & Senate) wouldn't agree to eliminate the CIA, or FBI, or gut the Department of Defense, or Homeland Security,., so what this Socialist President does is sign an executive order to unilaterally eliminate those agencies and departments by himself, or herself. I doubt any serious, mainstream, Republican today, would want that.
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