Can The U.S. Department of Education Be Dismantled By Executive Order?

February 5, 2025  |  CONSTITUTIONAL, IN THE NEWS  |  Share

There have been recent reports, which suggest that President Donald Trump may attempt to dismantle the U.S. Department of Education, via an executive order. These reports have launched a national debate and prompted the New York State Department of Education to send a message to school superintendents across the state.

7 News WKBW anchor Michael Wooten recently interviewed attorney Barry Covert, to explore the legality of this matter. Over the course of their conversation, Barry Covert provided legal analysis and addressed several questions, including:

• Does the President have the constitutional authority to abolish the Department of Education by executive order?

• If Congress has voted to allocate money to the Department of Education, is the President obligated to spend that money for its intended use?

• Does the President have the ability to change the management and organizational structure of the Department of Education?

• Has the Supreme Court ever ruled on issues related to this matter in the past?

• Can states file lawsuits against attempted executive orders by the President?

• How quickly will legal challenges to executive orders move through the courts?

Click the following video to watch Barry Covert’s full interview with WKBW’s Michael Wooten.


Comments are closed.