I'm not sure if he can or not, though. What I've been reading from constitutional lawyers is saying that he doesn't have absolute power in all cases. I'm sure you can understand how complex constitutional law is, and that it's rarely a clear cut "yes" or "no" answer.
Basically what they're saying is:
Political Appointees in DOE (e.g., Secretary of Education, Deputy Secretary, Assistant Secretaries) can be fired at will.
Career Civil Service Employees (e.g., policy analysts, administrators, grant managers, researchers, etc.) have job protections and can only be removed for cause (e.g., misconduct, poor performance), following due process.
Not only that, but if President Trump does indeed have the power to fire everyone in that department and never refill their positions, then that means he has the same power over all the executive departments.
It begs the question that if he has the power to do this...why hasn't he ever done so?
As a reminder, here are all 15 of the Executive Departments:
Department of State, Department of the Treasury, Department of Defense, Department of Justice, Department of the Interior, Department of Agriculture, Department of Commerce, Department of Labor, Department of Health and Human Services, Department of Housing and Urban Development, Department of Transportation, Department of Energy, Department of Education, Department of Veterans Affairs, Department of Homeland Security
If he was simply able to fire everyone in these departments, that would solve a hell of a lot of our problems and would fulfill so many of his promises.
So, again, if it's that simple, why has he never chosen to do so?
That was definitely one of the crazier parts of the first term - realizing that under current “law”, the “president” can’t hire, fire, or command most of the “Executive” branch.
The Schedule F amendment seems to be a massive improvement, though I don’t know the specifics.
Yeah, so much has happened since his first term it's like people have forgotten that we've already had these conversations before.
President Trump wasn't pushing to completely dismantle the DOE during his first term, but he did trim it down, and there were a lot of fights in Congress over it.
And it wasn't just the DOE he trimmed during his first term. He cut out a lot of jobs through the various departments.
The big difference between then and now is that he's saying he wants to eliminate the departments completely, and he's pushing hard for it.
People seem to have forgotten all the legal arguments the democrats put up to block his efforts during his first term.
It was a long, hard, uphill battle to cut what he was able to during his first term.
I don't know why people think this term it's going to be as simple as him signing an EO and suddenly entire departments are going to cease to exist.
If it was really as simple and as cut and dried as signing an EO, we could have done away with all this foolishness 8 years ago.
I'm not sure if he can or not, though. What I've been reading from constitutional lawyers is saying that he doesn't have absolute power in all cases. I'm sure you can understand how complex constitutional law is, and that it's rarely a clear cut "yes" or "no" answer.
Basically what they're saying is:
Political Appointees in DOE (e.g., Secretary of Education, Deputy Secretary, Assistant Secretaries) can be fired at will.
Career Civil Service Employees (e.g., policy analysts, administrators, grant managers, researchers, etc.) have job protections and can only be removed for cause (e.g., misconduct, poor performance), following due process.
Not only that, but if President Trump does indeed have the power to fire everyone in that department and never refill their positions, then that means he has the same power over all the executive departments.
It begs the question that if he has the power to do this...why hasn't he ever done so?
As a reminder, here are all 15 of the Executive Departments:
Department of State, Department of the Treasury, Department of Defense, Department of Justice, Department of the Interior, Department of Agriculture, Department of Commerce, Department of Labor, Department of Health and Human Services, Department of Housing and Urban Development, Department of Transportation, Department of Energy, Department of Education, Department of Veterans Affairs, Department of Homeland Security
If he was simply able to fire everyone in these departments, that would solve a hell of a lot of our problems and would fulfill so many of his promises.
So, again, if it's that simple, why has he never chosen to do so?
I agree with you.
I just remembered between my comment and yours that Q said it must be done by the book, or it won't be able to stick.
So as much as I want Trump to have his Caesar moment...the Plan does not call for that.
Exactly. We've been told that a few times, I think, that everything must be done by the book.
I understand how badly we all want this, but I think we all need to not let that cloud our reasoning in the matter.
✌️
That was definitely one of the crazier parts of the first term - realizing that under current “law”, the “president” can’t hire, fire, or command most of the “Executive” branch.
The Schedule F amendment seems to be a massive improvement, though I don’t know the specifics.
Yeah, so much has happened since his first term it's like people have forgotten that we've already had these conversations before.
President Trump wasn't pushing to completely dismantle the DOE during his first term, but he did trim it down, and there were a lot of fights in Congress over it.
And it wasn't just the DOE he trimmed during his first term. He cut out a lot of jobs through the various departments.
The big difference between then and now is that he's saying he wants to eliminate the departments completely, and he's pushing hard for it.
People seem to have forgotten all the legal arguments the democrats put up to block his efforts during his first term.
It was a long, hard, uphill battle to cut what he was able to during his first term.
I don't know why people think this term it's going to be as simple as him signing an EO and suddenly entire departments are going to cease to exist.
If it was really as simple and as cut and dried as signing an EO, we could have done away with all this foolishness 8 years ago.
Looks like DC is an 'at will employment' district.