If Congress creates and funds a department, I think the President is obligated to manage and spend the money on the department. I don’t think a President can eliminate departments by edict.
Congress needs to pass a budget. They are relying on executive branch to make spending decisions. If they need to pass a bill to find out what is in it... Sounds like getting rid of the department of education was in the last continuing resolution.
Fraud vitiates all contracts. The DOE is a fraudulent government “department.”
The department of education was created by executive order, not congress.
But he can slow walk EVERYTHING, and make them fight for any dime released.
Fraudulent programs, of which I’m sure most are, can be shut down. If they can’t come up with a legal replacement, the spigot is just shut off for the time being.
Works for me, while Congress gets its act together for a real shutdown.
You mean the same Congress that doesn’t follow its own rules and regulations that say it must pass a budget?
Don’t worry, even if he closes it Congress will still fund it.
There are two pieces here.
If Congress requires a Department called “The Department of Education” then such a place must exist.
It could be a porta potty in front of the Capitol with a big sign on it—but yeah it must exist.
The appropriations are a separate piece.
Over the course of the full fiscal year (ending September) the President is required to make a reasonable effort to spend appropriated funds (impoundment issue).
However unless Congress has given great detail on exactly how the funds are spent the President has total latitude.
Most Congressional appropriation bills are stunningly vague.
If necessary President Trump could just cut big checks to the states to spend the money.
Meanwhile next month Congress will have to debate a continuing budget resolution. That will be their opportunity to weigh in on this issue.