Why Trump's Impeachment of School Choice Fails Due to Federal Jurisdiction

While former President Donald Trump's interest in education and school choice policies was well-documented, the power to issue an executive order directly impacting private schools falls under state and local government control, not federal authority. In this article, we explore the limitations of the federal government's role in private education and the legal framework surrounding executive orders.

The Misconception: Trump's Role in School Choice Policies

One common misconception is that the federal government has a significant say in private education policies. However, this is far from the truth. The U.S. Constitution grants a wide range of powers to the federal government, yet education is primarily a state and local responsibility. State and local governments control the funding, governance, and operation of over 15,000 school districts within the United States.

Separation of State and Local Authority in Education

Education in the U.S. is constitutionally considered a state and local government responsibility. This is underscored by Plymouth Colony v. Commonwealth of Massachusetts, New York v. State of New Jersey, and other significant cases. State governments can levy taxes, fund and operate schools, and implement educational policies as they see fit. Local governments are often responsible for day-to-day operations and management.

Executive Orders and Federal Authority

Executive orders are directives issued by the President that have the force of law only if they are within the scope of the President's authority. While the President can issue orders affecting federal agencies and various aspects of federal policy, they do not have the authority to directly control state or local educational institutions unless explicitly given that power through federal legislation. Issuing an executive order to force states to fund or regulate private schools would be outside the scope of the President's constitutional authority and would likely be challenged as an overreach of power.

Federal Legislation and School Choice

While the President cannot issue direct orders to state and local governments regarding private schools, federal legislation can provide funding or incentives for states to adopt school choice policies. For instance, federal programs such as the Every Student Succeeds Act (ESSA) offer states flexibility in designing their own educational policies, including school choice initiatives. However, any substantial mandate or directive from the federal government to directly intervene in private schools would require an amendment to the U.S. Constitution or specific legislation passed by Congress.

Challenges and Implications

The inability to issue such a direct order highlights the complex interplay between federal and state powers in education. It also underscores the importance of collaboration between federal, state, and local governments in addressing the unique challenges faced by private and public schools alike. The current legal framework ensures that education remains primarily a state and local matter, while federal support and guidelines provide necessary resources and flexibility.

Conclusion

In summary, former President Trump's attempts to influence private schools through executive order were met with the legal reality that federal jurisdiction in education is limited. The U.S. Constitution and Supreme Court rulings have clearly delineated the powers between the federal government and state and local governments in the realm of education. Thus, while the federal government can play a role in shaping educational policies and providing resources, direct intervention in state-run private schools remains beyond its purview without a significant constitutional or legislative change.