The role of the executive as well as the role of the judiciary is codified in the constitution. Judge shopped district judges are usurping presidential responsibility. That the last president ignored that responsibility doesn't require that the current one does as well.Except that Presidential EOs that violate the US Constitution are not state alone issues.
And federal district judges do take an oath to uphold the US Constitution and the laws of the US.
And when states don’t enforce the Constitution, federal agencies grow to check and make sure that they do
The department of education came into existence because of discrimination being perpetrated by the states. And because states were not offering equal access to education.
The federal government has grown because of inequality among states and - as we are witnessing - that inequality grows when the federal government isn’t involved.
I have more bodily autonomy in NJ than a woman in TX does since the fall of Roe.
Now, with the dismantling of the Dept of Ed - a disabled student in a public school in NJ is going to have more recourse in NJ than they currently have in TX, because state laws in NJ are stronger - so is state funding.
The dismantling of the dept of education has resulted in thousands of case files that will likely sit for months - if not longer - without being reviewed at a federal level.
At least here in NJ, state petitions are being heard. I can’t speak for what’s happening elsewhere. But we know the federal complaints are completely backlogged at this juncture because the firings within the dept of education have made it impossible for the remaining staff to get through the complaints in a timely fashion.
The U.S. Constitution vests the power to create laws in the Congress, not the President,. This power is specifically mentioned in Article I, Section 1 of the Constitution. The Congress is responsible for enacting laws that are necessary to carry out the powers granted to the federal government, including the power to raise revenue, declare war, and organize the executive and judicial branches.
How when the department is dismantled and the remaining employees have hundreds of files and complaints backlogged?If any state (or school within it) is violating the constitution (in any manner) the federal DOJ can (and should) take action.
This is what federal agencies have grown to address.to the people
IDEA is a federal law.Where in the constitution is education defined as a federal government power? See post #24.
We have an appelate court system for a reason. It is designed to prevent a single 'rogue' judge hamstringing the administration. All the Trump administration has to do is convince an appelate panel that the district judge was wrong.Plaintiffs can join in a class action if they feel wronged. District judges are operating out of their constitutional lane when they order nationwide injunctions. It is not sustainable to require unanimous consent from 674 or so appointed judges for every decision
The Constitution gives the President no powers for enacting laws that are necessary to carry out the powers granted to the federal government, including the power to raise revenue, declare war, and organize the executive and judicial branches. That is in the powers the Constitution gives to Congress and the Judicial branch.The role of the executive as well as the role of the judiciary is codified in the constitution. Judge shopped district judges are usurping presidential responsibility. That the last president ignored that responsibility doesn't require that the current one does as well.
How when the department is dismantled and the remaining employees have hundreds of files and complaints backlogged?
John Doe from Dallas files a federal complaint and that complaint sits unanswered and not even reviewed for 1 year, or longer. (The wait time prior to the dismantling and lay offs was already at 6-8 months with how understaffed the DOE was)
This is what federal agencies have grown to address.
John Doe in Dallas has rights that aren’t being protected by his state that are FEDERAL RIGHTS.
And when his state isn’t addressing the failure, John Doe the only recourse left is the federal law. With the dismantling of the Dept of Education - John Doe’s case may never even be reviewed. Let alone adjudicated.
Correct.The Constitution gives the President no powers for enacting laws that are necessary to carry out the powers granted to the federal government, including the power to raise revenue, declare war, and organize the executive and judicial branches. That is in the powers the Constitution gives to Congress and the Judicial branch.
We have an appelate court system for a reason. It is designed to prevent a single 'rogue' judge hamstringing the administration. All the Trump administration has to do is convince an appelate panel that the district judge was wrong.
There is no need for the time-consuming class-action process while people's basic constitutional rights are being stripped from them. All the judges are saying is make your case before moving forward. Trump can't stand that. He wants what he wants and no judge is going to slow his roll.
To delay is to denyThe injunction is issued before the case has been decided.
They worked in coordination and conjunction.Hmm… isn’t that (bolded above) what the DOJ is for?
The federal government has no authority when it comes to education. However, what the federal government does have is billions of dollars that the states lap up like kitties at a bowl of milk. There is no constitutional requirement that the feds dole out those billions, and likewise, there is no constitutional requirement that the states take that money.I generally agree with you, but that should equally apply to (unconstitutional) acts of congress. We have reached the point such that whatever congress deems to be ‘important’ automagically becomes a (new) federal government power, despite the 10A’s explicit limitation of federal government powers. For example, education clearly isn’t a constitutional federal government power, yet congress created a cabinet level federal Department of Education and allocates billions to fund its (congressionally defined) ‘mission(s)’.
IDEA is a federal law.
It is Constitutional and based on:
Article I, Section 8, Clause 1 of the Constitution
AND Section 5 of the 14th Amendment.
The DOE was a mechanism by which IDEA federal law was enforced.
Education is controlled by the state and local authority - but how states provided education has to abide by federal law AND the Constitution.
States can’t just do whatever they want.
It’s not what they “allegedly” must do.I know what the federal law is, but why pay states for simply doing what they (allegedly) must do?
The federal government has no authority when it comes to education. However, what the federal government does have is billions of dollars that the states lap up like kitties at a bowl of milk. There is no constitutional requirement that the feds dole out those billions, and likewise, there is no constitutional requirement that the states take that money.
What the states object to is being accountable for what they do with the billions of federal education funds. They, especially the red states, want to continue recieving the federal largess, but without what they call ' interference' that comes with it.
The states are free to tell the feds to pound sand and regain their sovereignty by rejecting the DOE funds. Then they can do what they want WITH THEIR OWN MONEY.
In the last decade, the percentage of students in special education in schools has increased from about 13 percent of the total student population in 2011-12, to almost 15 percent in 2021-22. In 1976-77, students in special education made up 8 percent of the overall student population.
It’s not what they “allegedly” must do.
It’s what they’re legally obligated to do by not only federal law - but by their own state constitutions.
Why federal money?
Because lots of states and municipalities don’t have the money locally to do it on their ownIt’s expensive to educate kids in 2025.
The FAFO leopards are waiting in the wings
The executive does not have the authority to ignore the constitution. This argument from Trump supporters is one of the dumbest, as well as unamerican arguments I’ve ever seen.The role of the executive as well as the role of the judiciary is codified in the constitution. Judge shopped district judges are usurping presidential responsibility. That the last president ignored that responsibility doesn't require that the current one does as well.
The fact people are arguing against that pretty basic concept shows how far gone they are.Simple yes/no basic civics question.
A basic premise of the Constitution is that there are some things the government cannot do even with the support of a majority of voters. The VP swore an oath to uphold the constitutional rights of all people, which are superior to any legislation or executive action. Judges have final authority to interpret the Constitution. It is disturbing he does not understand this.
People need to be sufficiently alarmed at what people like Vance are saying, which is basically laying down the pretext for ignoring the courts.
The executive does not have the authority to amend the constitution via executive orders (14th amendment birthright citizenship). So yes, he is operating in an unconstitutional matter.What is happening under the Trump administration is not unconstitutional, it's a struggle between branches of government for jurisdiction and power. The government is operating exactly as was intended.
What is happening under the Trump administration is not unconstitutional, it's a struggle between branches of government for jurisdiction and power. The government is operating exactly as was intended.
The executive does not have the authority to amend the constitution via executive orders (14th amendment birthright citizenship). So yes, he is operating in an unconstitutional matter.
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