Sec’y of Ed nominee.

[Moonglow]

You know also: while Congress does usually retain the right to overrule a Presidential determination about dissolving an agency or a department, nevertheless, Congress does have the authority to delegate such governmental organization decisions to the President.

The delegation laws are a matter of historical fact and have gotten judicial approval (with some provisos).

https://www.heritage.org/sites/default/files/2017-07/LM-210_0.pdf

So, let’s say that Congress agrees to do so for Trump. And Trump thereby elects to dissolve the Dept of Education. And maybe to demonstrate Republicans good faith with the voters, Congress decides not to overrule Trump.

Violá. No more Department of Education.

Alternatively, the President declares that the existence of the Dept of Education violates the Constitution. And pursuant to his Oath of Office, he orders it dissolved. A court case would ensue. That’s for certain.

So I’ll ask again:

What enumerated power granted by the Constitution authorizes the existence of the U.S. Department of Education?

Only Congress can authorize the elimination of a Congressional act.

 

[Moonglow]

I think anyone is qualified to oversee the dismantling of the Department of Education.

Nope, you would be wrong.

 

[Moonglow]

So you have claimed. But that doesn’t qualify as proof.

And here’s another fun fact. I’m not saying he will do it. I’m just saying that he can do it. And I’ll laugh my ass off at you (more than most folks around here normally do) if he does bust such a move.

You know, there used to be a Department of War. And there used to be a Department of Health, Education and Welfare. Etc.

To date, this was the only department of the U.S. government to be created through presidential reorganization authority, in which the president is allowed to create or reorganize bureaucracies as long as neither house of Congress passed a legislative veto. This power to create new departments was removed after 1962, but in the early 1980s, the Supreme Court declared legislative vetoes unconstitutional.

 

[Cellblock2429]

Donald J. Trump (@realDonaldTrump)

truthsocial.com

This latest Trump selection seems pretty strange — until one realizes

that the U.S. Department of “Education” won’t be around very long once Trump is inaugurated.

/—-/ Someone needs to be in charge of closing the joint down. Depending on how well she does, Trump can give her another job, like shut down ATF.

 

[fncceo]

Sadly, only Congress can rid us completely of hat useless Cabinet Department.

Someone needs to be there to sell off all the desks, pencils, and Ebonics textbooks.

 

[Independent thinker]

Donald J. Trump (@realDonaldTrump)

truthsocial.com

This latest Trump selection seems pretty strange — until one realizes

that the U.S. Department of “Education” won’t be around very long once Trump is inaugurated.

Yes, I have no doubt that we are either nearing the end or morphing into a small department and she will help with that transition.

 

[Seymour Flops]

Former head of the Small Business Administration?

Sounds like Trump is planning loans and grants to start private school.

Sounds right up my sidewalk. I'm in!

 

[Admiral Rockwell Tory]

Your ignorance is astounding. The Constitution itself prescribed his Oath of Office.

And, CONSEQUENTLY, if he determines that the Dept of Education violates the Constitution, he can order that it be terminated. He can fire the employees of the entire Department. Bosses do get to fire employees.

You need to calm yourself down you bloviating bitch. Take a Midol for God’s sake.

That is not and never has been a Presidential power. If it were, he could have done in 2017-2021.

Employees are union members and have rights to due process. He cannot fire everyone unilaterally.

You are getting dumber by the minute!

 

[Admiral Rockwell Tory]

So you have claimed. But that doesn’t qualify as proof.

And here’s another fun fact. I’m not saying he will do it. I’m just saying that he can do it. And I’ll laugh my ass off at you (more than most folks around here normally do) if he does bust such a move.

You know, there used to be a Department of War. And there used to be a Department of Health, Education and Welfare. Etc.

Every one of those departments was changed by law, not presidential decree! How did the Air Force and Space Force come to be? Congress created them by law. They were not even listed in the Constitution. Presidents are not dictators. Bidne and Obama had their asses handed to them by SCOTUS many times for unconstitutional actions.

 

[Admiral Rockwell Tory]

You know also: while Congress does usually retain the right to overrule a Presidential determination about dissolving an agency or a department, nevertheless, Congress does have the authority to delegate such governmental organization decisions to the President.

The delegation laws are a matter of historical fact and have gotten judicial approval (with some provisos).

https://www.heritage.org/sites/default/files/2017-07/LM-210_0.pdf

So, let’s say that Congress agrees to do so for Trump. And Trump thereby elects to dissolve the Dept of Education. And maybe to demonstrate Republicans good faith with the voters, Congress decides not to overrule Trump.

Violá. No more Department of Education.

Alternatively, the President declares that the existence of the Dept of Education violates the Constitution. And pursuant to his Oath of Office, he orders it dissolved. A court case would ensue. That’s for certain.

So I’ll ask again:

What enumerated power granted by the Constitution authorizes the existence of the U.S. Department of Education?

If you would remove this fantasy from your argument, your entire thesis falls apart.

 

[BackAgain]

The Department is a result of a Congressional act.

No shit. That little factoid was never in question.

 

[BackAgain]

Only Congress can authorize the elimination of a Congressional act.

Wrong. For the reasons I’ve enumerated.

There’s a clue in the previous sentence.

But you won’t get it, goon.

 

[BackAgain]

Nope, you would be wrong.

No. I am right. Dismantling that Department would be so easy even a dopey libturd could do it.

They wouldn’t. But they could. Truly not difficult.

 

[Moonglow]

No. I am right. Dismantling that Department would be so easy even a dopey libturd could do it.

They wouldn’t. But they could. Truly not difficult.

It was created by an act of Congress so the president can not eliminate it without Congress doing it.

 

[BackAgain]

To date, this was the only department of the U.S. government to be created through presidential reorganization authority, in which the president is allowed to create or reorganize bureaucracies as long as neither house of Congress passed a legislative veto. This power to create new departments was removed after 1962, but in the early 1980s, the Supreme Court declared legislative vetoes unconstitutional.

How it was created isn’t the issue.

How it might be dismantled is the issue

 

[Moonglow]

Wrong. For the reasons I’ve enumerated.

There’s a clue in the previous sentence.

But you won’t get it, goon.

Sorry you don't get to make up bullshit and call it law.

 

[BackAgain]

It was created by an act of Congress so the president can not eliminate it without Congress doing it.

Repeating your ignorant misunderstanding doesn’t support your contention.

You remain wrong.

 

[Moonglow]

How it was created isn’t the issue.

How it might be dismantled is the issue

Trump was impeached the last time over funding from Congress he was withholding.

 

[BackAgain]

Sorry you don't get to make up bullshit and call it law.

I’m not making up anything: nor am I calling anything law.

What dolts, like you, seem either unable or unwilling to comprehend is this:

If the creation of the Dept of Education is itself unconstitutional, then it doesn’t require an act of Congress to terminate the Department of Education.

 

[BackAgain]

Trump was impeached the last time over funding from Congress he was withholding.

I’m truly uninterested in partisan crap like his prior impeachments