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March 1, 2025executiveeducation policyfederal education fundingexecutive authority limitseducation policyexecutive powerfederalism

Trump orders the Education Department dismantled despite lacking legal authority

President Trump signed an executive order directing Education Secretary Linda McMahon to dismantle the Department of Education and return authority to states, despite only Congress having power to abolish a cabinet department created by statute. McMahon announced plans to eliminate most department functions, halt student loan servicing contracts, and transfer remaining functions to HHS. Legal scholars warned the order exceeded presidential authority under the Elementary and Secondary Education Act.