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Message
re: Judge orders Dept. of Education employees to be reinstated
Posted on 5/22/25 at 12:44 pm to back9Tiger
Posted on 5/22/25 at 12:44 pm to back9Tiger
quote:
The Department of Education reports to the President of the United States. The Secretary of Education, who heads the department, serves as the principal advisor to the president on education policies and programs.
Yeah and those people receive the funds to do all that work from Congress. So when the Executive says "we are not going to abide by the law by not spending/staffing according to Congressional edict"... there's gonna be a lawsuit and thus here we are.
You can argue til you're blue in the face about how much money should be assigned and spent for the department, but the ultimate decider is Congress.
1
Posted on 5/22/25 at 12:51 pm to bigjoe1
quote:
The Department must be able to carry out its functions and its obligations,” as well as “other relevant statutes as mandated by Congress,”
So how can this judge possibly come to the conclusion that the remaining workforce can’t accomplish this? Maybe the agency was overstaffed and wasteful and had too many unproductive positions that needed eliminating
Posted on 5/22/25 at 12:55 pm to deltaland
quote:
Maybe the agency was overstaffed and wasteful and had too many unproductive positions that needed eliminating
Then congress can change the laws and funding.
Posted on 5/22/25 at 12:59 pm to atlgamecockman
quote:
but the ultimate decider is Congress.
Only regarding dollars. What the DOE does is subject to the will of the President of the United States. It is clear as day. That's who they report to, not Congress.
Posted on 5/22/25 at 1:00 pm to bigjoe1
What in the frick is wrong with the judicial system? Stay in your lane, judges.
Posted on 5/22/25 at 1:00 pm to atlgamecockman
So the Executive has to clear all hiring and firing by Congress within Departments under its “authority”?
Posted on 5/22/25 at 1:10 pm to back9Tiger
quote:
Only regarding dollars.
Not really, lots of positions are created by law and if you fire/refuse to re-hire for the role to use the appropriated funds, then well here we are.
Ultimately, the issues boil down to:
DoEd saying: "we're just removing federal spending bloat"
Linda McMahon on TV: "we're shutting down the DoEd"
Lawsuit incoming as statutorily mandated functions (read: positions) and spending levels are not followed through on.
Posted on 5/22/25 at 1:13 pm to atlgamecockman
quote:
Then congress can change the laws and funding.
You are an idiot. There's no legal requirement that the DOE staff these people.
Posted on 5/22/25 at 1:13 pm to atlgamecockman
quote:
atlgamecockman
You're going to be so confused when this ruling is overturned.
Posted on 5/22/25 at 1:14 pm to atlgamecockman
Incorrect
Congress allocates funding
Departments are not obligated to spend every dollar allocated to them.
The Executive branch is responsible for administrative responsibility of Departments under its authority
Congress allocates funding
Departments are not obligated to spend every dollar allocated to them.
The Executive branch is responsible for administrative responsibility of Departments under its authority
Posted on 5/22/25 at 1:16 pm to minister of truth
quote:
So the Executive has to clear all hiring and firing by Congress within Departments under its “authority”?
Not at all. But I'm assuming existing Congressionally approved statutory funding and positions must be removed by congressional act rather than unilateral executive action.
Congress decides on a law to create an office in DoEd for XYZ. The executive then has to staff it and act on it.
Or perhaps the Executive ran on creating something like that, gets the votes in Congress to pass a law creating it, then the Executive can staff it and act on it.
But nowhere in the process is: "Executive eliminates positions created by law"
Posted on 5/22/25 at 1:16 pm to atlgamecockman
Incorrect. See my post above. I have worked within and contracted with the federal government for many years
Posted on 5/22/25 at 1:18 pm to VOR
quote:
Wrong…
The first doe didn’t last and was scrapped.
No reason why this one can’t be scrapped. It’s a huge failure.
Also first line of its mission statement.
quote:
Strengthen the federal commitment to assuring access to equal educational opportunity for every individual;
Notice there is no equity there. They fail at their own mission.
Also giving hundreds of millions to a handful of very elite colleges that barely anyone can get into goes way beyond being fair. I would argue it’s money laundering for a select few.
The same people that graduate these places then pull the purse strings.
This post was edited on 5/22/25 at 1:20 pm
Posted on 5/22/25 at 1:22 pm to minister of truth
quote:
Departments are not obligated to spend every dollar allocated to them.
Congressional Budget and Impoundment Control Act of 1974 says the executive cannot rescind appropriated funding without congressional review.
LINK
Posted on 5/22/25 at 1:23 pm to bigjoe1
There is a solution here:
Congress has to kill the DoE.
Congress has to kill the DoE.
Posted on 5/22/25 at 1:25 pm to LawyerBillboards
quote:
I'm legitimately curious if these judges are able to do this because the departments are carrying out functions EXPLICITLY laid out and funded by congress.
fricking lawyers.
The judicial branch does not determine staffing levels of executive branch departments. It never will.
Posted on 5/22/25 at 1:25 pm to atlgamecockman
No, the executive cannot resend congressional funding, but Congress generally does not dictate specific staffing of departments. It’s the administrative responsibility to determine how a department is staffed
This post was edited on 5/22/25 at 1:28 pm
Posted on 5/22/25 at 1:26 pm to bigjoe1
So congress mandated staffing levels for the dept?
Posted on 5/22/25 at 1:26 pm to atlgamecockman
quote:
statutory funding and positions
lol. There’s no “statutory positions” at the Dept of Ed.
Posted on 5/22/25 at 1:26 pm to atlgamecockman
quote:
Congressional Budget and Impoundment Control Act of 1974 says the executive cannot rescind appropriated funding without congressional review.
Good thing that didn't happen.
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