Can Trump legally dissolve the Department of Education if he wins?

[PhillyGuy]

@Exapno_Mapcase

If the President, Congress, and the Supreme Court agree upon an action, then it would be legal.

If Congress wants to make it look like they are saving money, they could recreate the old Dept. of Health, Education, and Welfare without cutting anything substantive beyond some executive positions.

Does Trump want to eliminate all the college financial aid the Dept. of Ed. gives out? Now that Republicans are increasingly low income, I doubt it.

[bobot]

Trump gives exactly zero fucks about the “lowly” that vote for him. He acts on behalf of the extremely wealthy.

[Kolak_of_Twilo]

Or what he most thinks will enrich himself.

[Monty]

@Marvin_the_Martian

They also want to eliminate NOAA because NOAA is the source of the fake climate change scare.

@DrDeth

The Feds have to try and find them an equivalent position.

I wonder what the equivalent positions for the NOAA Commissioned Officer Corps are.

[Ulysses]

@doreen

@md-2000

Do civil servants in the USA have any job security or separation pay rights?

Maybe not in the way you mean. I am certain that most Federal civil servants in the US have protections against being fired in the way a political appointee can be but they probably are not protected if their position/function/unit/department is eliminated - for example, if the federal government decides to eliminate all mechanic positions and enter onto contracts with private companies for vehicle maintenance.

Most federal civil servants have protections under 5 USC Chapter 75 that include due process rights prior to removal from federal service and appeal rights to the Merit Systems Protection Board. In short, they can only be removed for cause and the government has the burden of proving cause for removal, to include proving misconduct occurred and that the misconduct warranted removal (see Douglas v. VA).

Federal law also provide protections in a layoff scenario (e.g., elimination of positions/.functions/departments). This is known as a reduction in force (RIF). It gets a little complicated but employees retain due process and appeal rights and the government is required to follow certain steps in determining who gets RIF’ed based on seniority and other considerations. Typically, many employees are reassigned to new positions. In addition, separated federal employees are given preference in appointment to vacant positions for which they are qualified across much of the government.

As to the OP question, federal law presently limits the President’s authority to dissolve a federal agency. A president can appoint a secretary or other agency head who may try to grind operations to a halt, but many of the functions of agencies are promulgated in regulations (see the Code of Federal Regulations) that can only be changed via a notice and comment process that includes publication in the Federal Register and typically takes 1-2 years or more complete.

But as @Marvin_the_Martian pointed out, there be enough support in the current Supreme Court to reinterpret Article II and increase the authority of the president over executive branch agencies.