Warren, Neguse, Raskin Lead 170+ Members of Congress in Amicus Brief, Arguing Trump Cannot Dismantle Department of Education

The lawmakers argue that only Congress has authority to create, restructure, and abolish federal departments and agencies by constitutional mandate and through a long-established legal precedent.

The problem is that Congress has largely willingly ceded that authority to Trump, and the Supreme Court has largely kneecapped our court system's ability to step in.

The Department of Education is statutorily mandated and cannot be unilaterally abolished by the President.

Given that he literally has control of all three branches of government, and the other two branches are actively allowing him to do it, I'd say that yes, it can be unilaterally abolished by the President. Doesn't matter what a piece of paper says. If those who are tasked with upholding the law are unwilling or unable to do so, the law effectively doesn't exist. Saying that he "can't" do something implies that there is someone out there who is both willing and able to stop him.

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The lawmakers argue that only Congress has authority to create, restructure, and abolish federal departments and agencies by constitutional mandate and through a long-established legal precedent.
The problem is that Congress has largely willingly ceded that authority to Trump, and the Supreme Court has largely kneecapped our court system's ability to step in.
The Department of Education is statutorily mandated and cannot be unilaterally abolished by the President.
Given that he literally has control of all three branches of government, and the other two branches are actively allowing him to do it, I'd say that yes, it can be unilaterally abolished by the President. Doesn't matter what a piece of paper says. If those who are tasked with upholding the law are unwilling or unable to do so, the law effectively doesn't exist. Saying that he "can't" do something implies that there is someone out there who is both willing and able to stop him.