Trump prepares EO to close down the unconstitutional federal department of education

[Zincwarrior]

It is being funded is a misappropriation of federal revenue. The President has taken an oath to support the Constitution.

Your statement means less than nothing Constitutionally.

 

[Zincwarrior]

SCOTUS can decide that....In about 2.5 years.

In fact, the public is not against cost cutting and once justifiable cuts have been made have no desire to see it return. That cuts across party lines and to those not even affiliated with a party which is the majority of voters now.

Cuts are the purview of Congress. Did literally none of you take a civics class?

 

[justoffal]

They did Jack shit when he instigated an insurrection.

Yes, that'll be what's happening

Quite interesting how none of the court systems have ever used the word insurrection. That would be because even the liberal judges know it's a misapplied term to what happened on January 6th. There are over 150 J6ers that did not get pardons because they didn't deserve one.
The rest of them we're simply political prisoners.
The ones that were actually violent and did property damage get what they deserve.

The court system has been famously liberal.
So you can be sure that if there's anything they can get Trump on they're going to jump all over it. You weren't watching when Merchan and Chutkin we're doing their best to wage lawfare?

I'm very glad there's an edit function that lasts for an hour. It gives me an opportunity to comment on the laugh emoji you posted under the avalanche of facts that just buried you.
Laughing is a nervous response most liars rely on to release nervous energy when they're caught in a lie.

 

[Zincwarrior]

See the listed functions beneath Article 1, Section 8, Clause 1, of our Constitution, for which Congress may tax and spend.

Where to you find a Department of Education?

Where do you find the US Air Force, NASA, or farm subsidies?

 

[justoffal]

SCOTUS can decide that....In about 2.5 years.

In fact, the public is not against cost cutting and once justifiable cuts have been made have no desire to see it return. That cuts across party lines and to those not even affiliated with a party which is the majority of voters now.

Secretly I believe there are a lot of Democrats that are clapping their hands about this shit.

 

[Votto]

Rats protest cutting free government cheese:
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.

Delicious

I could watch this all day.

 

[Foxfyre]

See the listed functions beneath Article 1, Section 8, Clause 1, of our Constitution, for which Congress may tax and spend.

Where to you find a Department of Education?

The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States; . . .
The words in there that covers congress is that 'provide for the. . .general Welfare of the United States.'

That will probably remove the unconstitutionality of it. But I can't imagine SCOTUS would rule that Congress cannot abolish the Dept. of Education that it created.

 

[1srelluc]

Cuts are the purview of Congress. Did literally none of you take a civics class?

Well, sort of like Lincoln said to McClellan during the CW....."General, if you are not going use your Army may I borrow it for a while?".

Congress was not using their power to further the things that America cares about in a timely nor any other manner so Trump is just borrowing it for a while.

 

[justoffal]

The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States; . . .
The words in there that covers congress is that 'provide for the. . .general Welfare of the United States.'

That will probably remove the unconstitutionality of it. But I can't imagine SCOTUS would rule that Congress cannot abolish the Dept. of Education that it created.
[constit

Correct scotus is not there to tell Congress That it cannot abolish something that was created by Congress in the first place. The department of education is not written into the Constitution and therefore it is completely the purview of Congress to dismantle it.

 

[johnwk]

Where do you find the US Air Force, NASA, or farm subsidies?

Stupid question. The power is found in the legislative intent for which Congress is granted power

To raise and support Armies, and to provide and maintain a Navy . . .

 

[Zincwarrior]

Well, sort of like Lincoln said to McClellan during the CW....."General, if you are not going use your Army may I borrow it for a while?".

Congress was not using their power to further the things that America cares about in a timely nor any other manner so Trump is just borrowing it for a while.

Until it gets kicked by the courts of course.

 

[Zincwarrior]

Stupid question. The power is found in the legislative intent for which Congress is granted power

To raise and support Armies, and to provide and maintain a Navy . . .

There is no legislative intent written in the Constitution, just the Constitution.

 

[johnwk]

The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States; . . .
The words in there that covers congress is that 'provide for the. . .general Welfare of the United States.'

That will probably remove the unconstitutionality of it. But I can't imagine SCOTUS would rule that Congress cannot abolish the Dept. of Education that it created.

Our founders specifically subjoin a list of particulars beneath Article 1, Section 8, Clause 1 for which Congress may tax and spend.

Additionally, public education is within those powers reserved by the states as I documented at the top of the thread. Also see Federalist No 45:


“The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite. The former will be exercised principally on external objects, as war, peace, negotiation, and foreign commerce; with which last the power of taxation will, for the most part, be connected.

The powers reserved to the several States will extend to all the objects which, in the ordinary course of affairs, concern the lives, liberties, and properties of the people, and the internal order, improvement, and prosperity of the State."


Additionally, the Tenth Amendment declares:

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States, respectively, or to the people.

 

[johnwk]

There is no legislative intent written in the Constitution, just the Constitution.

You need to take a course in constitutional law and construction e.g.


In Hawaii v. Mankichi, 190 U.S. 197 (1903), our Supreme Court empathically notes:


”But there is another question underlying this and all other rules for the interpretation of statutes, and that is what was the intention of the legislative body? Without going back to the famous case of the drawing of blood in the streets of Bologna, the books are full of authorities to the effect that the intention of the lawmaking power will prevail even against the letter of the statute; or, as tersely expressed by Mr. Justice Swayne in 90 U.S. 380 :

"A thing may be within the letter of a statute and not within its meaning, and within its meaning, though not within its letter. The intention of the lawmaker is the law."

JWK


The whole aim of construction, as applied to a provision of the Constitution, is to discover the meaning, to ascertain and give effect to the intent of its framers and the people who adopted it._____HOME BLDG. & LOAN ASSOCIATION v. BLAISDELL, 290 U.S. 398 (1934)

 

[bendog]

jfc.

https://constitution.congress.gov/browse/essay/artII-S2-C2-3-6/ALDE_00000012/

But I never saw why we split education off from Health Education and Human Services

United States Department of Health and Human Services - Wikipedia

en.wikipedia.org

 

[1srelluc]

Until it gets kicked by the courts of course.

Maybe, in 2.5 years.....We can find friendly judges the same as your ilk can.

 

[johnwk]

jfc.

https://constitution.congress.gov/browse/essay/artII-S2-C2-3-6/ALDE_00000012/

Is there a point in you posting that? Congress is not authorized to act beyond the four walls of the Constitution, nor its defined and limited grants of powers.

 

[WorldWatcher]

Interesting that you mention Maryland law in that. Here in dysfunctional Maryland, teachers have their wages garnished to pay NEA dues whether they want representation or not. The NEA then donates to the DNC. Taxpayers are essentially forced to subsidize the democrat party.

Well that's two strikes.

#1 Union membership in Maryland by teachers is voluntary and dues cannot be mandated.

#2 Unions cannot donate to candidates or election committees.

The NEA (Union) has a separate PAC (Political Action Committee) that can make contributions, however those funds come from donations not dues.

WW
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How to Leave the Teachers Union in Maryland - Teacher Freedom

If you have decided to cancel your Maryland teachers membership, we can help guide you through the process, starting with an opt out letter.

teacherfreedom.org

Who can and can't contribute to a party committee - FEC.gov

Information for party committees on permissible and prohibited sources of contributions, including individuals, minors, federal contractors, corporations, labor unions, partnerships, LLCs, foreign nationals and contributions in the name of another

www.fec.gov

 

[johnwk]

Interesting that you mention Maryland law in that.

Historical facts are sometimes very, very interesting,

 

[Foxfyre]

Our founders specifically subjoin a list of particulars beneath Article 1, Section 8, Clause 1 for which Congress may tax and spend.

Additionally, public education is within those powers reserved by the states as I documented at the top of the thread. Also see Federalist No 45:


“The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite. The former will be exercised principally on external objects, as war, peace, negotiation, and foreign commerce; with which last the power of taxation will, for the most part, be connected.

The powers reserved to the several States will extend to all the objects which, in the ordinary course of affairs, concern the lives, liberties, and properties of the people, and the internal order, improvement, and prosperity of the State."


Additionally, the Tenth Amendment declares:

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States, respectively, or to the people.

But in all due respect, how you interpret the Constitution, even how the Founders interpret the Constitution may be usurped by a court interpreting it differently. Or Democrat controlled courts often ignore it completely.