President Trump is signing an executive order to start dismantling the Department of Education and the Left is freaking out. But Glenn’s staff discovered something shocking: the DoE, in its current form, is exactly the OPPOSITE of the mission statement Congress gave it. Glenn reads from the Department’s founding documents, which state that it was tasked with protecting “the rights of state and local governments and public and private institutions.” It was also meant to “strengthen and improve” local and state control of education. And if that wasn’t enough, it also explicitly bars the Department from increasing “the authority of the federal government over education.” So, by stripping the Department of Education of its bloated power, Trump is actually UPHOLDING the will of Congress, not defying it.
Transcript
Below is a rush transcript that may contain errors
GLENN: So the president is going to abolish parts of the DOE. But the Department of Education was -- was first put in by Jimmy Carter. And then a few years later, it was -- it was, you know, set in stone by Congress. So he can't shut it down.
Because Congress established it. Okay?
So only Congress can abolish it. However, he can trim the fat.
And he's going to cut it by 50 percent today. Which is a great thing.
But as Mikayla was doing her homework on this, she said --
STU: One of your producers.
GLENN: Yeah. One of our producers. She said, have you read the Department of Education organization act?
And I'm like.
STU: Oh, obviously.
GLENN: Of course, I have. But tell me what you have found!
STU: Hmm.
GLENN: Listen to this.
It is the intention. This is the founding document passed by Congress. It is the intention of Congress in the establishment of the Department of Education to protect the rights of state and local governments, and public and private educational institutions.
STU: Wow.
GLENN: Just that! Are they operating within the law, that was set by Congress?
STU: Because I think you could convince me, that that was a good idea. Right? That sounds great.
GLENN: Right. So let me read that again.
The intention of Congress, in the establishment of the Department of Education, to protect the rights of state and local governments, and public and private educational institutions, in the area, of educational policies, and administration of programs. And to strengthen and improve the control of such governments and institutions, over their own educational programs and policies.
Did you hear the second half of that?
To strengthen and improve the local and state administration, and -- and the control of their own educational programs and policies.
That is not what the DOD is doing. Not even. Listen to the next line!
The establishment of the Department of Education, shall not, increase the authority of the federal government over education. Or finish the responsibility for education, which is reserved to the states. And the local school systems, and other instrumentalities of the states!
Wait.
This is not what the Department of Education is. At all.
So when they say, well, he can't accomplish the department of he had. No. They abolished the Department of Ed.
The Department of Ed isn't that! Because like you just said, I wouldn't have necessarily a problem with that!
STU: I would have some questions.
GLENN: Yeah, I wouldn't want it.
STU: As a direction, protecting local rights over education, is exactly kind of what I want.
GLENN: Yeah. Exactly right.
B, no provision of a program, administered by the Secretary or any other officer of the Department, shall be construed to authorize the Secretary or any such officer to exercise any direction, supervision, or control, over the local curriculum.
Any program of instruction or administration, or personnel of any educational institution, school, or school system over any accrediting agency or association, or over the selection and content of library resources, textbooks, or other instructional materials. By any educational institution or school system.
Except to the extent authorized by this law.
STU: Hmm. I mean, it seems there's all sorts of limitations on it.
GLENN: Yeah. I mean, if you just go back to this: If he just reset it to this, do you know how many problems would go away?
STU: I know. This is really common too. But we mentioned the same thing with the Patriot Act.
GLENN: Yeah.
STU: The guy who wrote the Patriot Act. There's a bunch of these things about to go.
I can't believe the Patriot Act would do this. I wrote it. It's not supposed to do that.
GLENN: Right. Right.
STU: That's not what it's supposed to do at all.
It always grows. It always evades. And the initial -- the limiting principles put on it, by the law itself.
GLENN: Which is amazing. When you know that to be true. And our Founders knew that.
It's amazing how long our Constitution and Bill of Rights has lasted.
STU: Yeah.
GLENN: You know, the average Constitution's age in the history of the world, the average age of death of a Constitution is 17 years!
We're coming up to 250, of our -- of our Declaration of Independence.
Seventeen years! That's the average.
STU: Wow.
GLENN: We are so far out! For it to have lasted this long, knowing that this is what it always happens. They always morph and distort, and erase the original Founding ideas. Wow!
That's impressive. That we're still standing.
STU: Yeah. And, again, giant chunks of it are still standing. As we pointed out many times, a lot of it isn't standing. Other than just it's on paper.
But that's the problem, right? We should be back to it. And should be trying to focus our country on following it again. A little bit more closely. But I am glad that it still stands.
GLENN: Me too. Me too.
STU: Is it San Moreno? There's one other weird country that has a very old Constitution.
GLENN: Isn't that an old Chevy?
STU: Yeah. The Chevy San Moreno. Beautiful car. V8. Yeah. It's great.
GLENN: Yeah. Here's the other thing that we need to talk about, and that is these judges. I need to get to Tesla, in just a second. That's equally important. And let me talk about the justices and the judges on what is happening.
The judge has ordered to restore USAID. Worker access, and forbids the shutdown. Because it's likely against the Constitution. Well, that's not your job.
The Obama-appointed judge trying to stop USAID shutdown. Donated thousands of dollars to the Democrats. The judge who blocked the key executive order, has a long progressive activist history.
I mean, we're -- we're having these judges get involved in everything.
So what are judges supposed to do?
What does the Constitution actually say?
I want to take you to a -- a football field. Hmm. Glenn, don't do anything dicey. Don't go into sports analogy. Let's just take you out to a football field for your first segment.
STU: Uh-oh, here we go. Prepare yourself. Gird your loins.
GLENN: If -- is that like the grid loins? So let's say the ref is out on the -- and he decides that that touchdown is worth ten points! The clock should be kept running, because I think so. It's most likely, that it should be running, right now.
STU: Hmm.
GLENN: That is what's happening in our court system. That's judicial or referee activism. All right? They're just making stuff up.
Judges that are stepping beyond their lane. And making up the rules. Instead of just calling the game as written.
That's what judges are supposed to do.
They're supposed to look at things, as written. And then say, no. Sorry, guys. That's the law!
Not, you know what, you know who we should do? I should also be able to eat any kind of candy that I want.
And you're all -- you're a defendant. You need to bring me candy.
Because that's what I want, right now. Okay.
I'm fat. I've been sitting behind a bench for a long time. You can't even notice my fatness. I am the size of the bench. Just my upper torso is not.
Okay. You can't do that. You don't do that. Now, it's important to realize, judges aren't necessarily bad guys. They have a really, really tough job. And I don't like -- you know, I really feel bad when you're like, well, that's just a bad ruling!
Well, maybe. But I wasn't in the courtroom. How many times have we done a story, where we really want to bash the judge?
But you weren't in the courtroom. You don't know what was said, or what they know. You know what I mean?
STU: You talked about it when you did jury duty. Because from an outsider perspective. You can always come to something.
When you're there and watching it every single day. You know the ins and outs. Sometimes it's different.
GLENN: It's just different. So when they start acting like lawmakers, instead of interpreters of that law, then we have a problem. Like a judge should step in now on the Department of Education.
And say, sorry, gang, I read this section last night. That's not what's going on here.
So the president, yeah. I recommend, I shouldn't. But if it comes to my courtroom, I'm going to show, yeah. Well, that's the law.
Not my opinion. I might love the department. I might be a full-fledged communist. But I'm here to uphold the law.
And that's what Congress said it is. And that's not what it is!
Now, sometimes, there are problems that Congress needs to step in and say, you're out of here.
Sometimes, the judges -- and it has happened in our history. And it's a very high bar. But I'm not sure. I mean, it should be a high bar, like it is with impeachment of the president. But it shouldn't be off the table.
Okay? And here's why: If you go back to the Founding Fathers, they thought this through. It's kind of crazy.
It's not like, hey. We will do a new Constitution in Iceland. Tweet us your ideas.
In Federalist 78. Alexander Hamilton says, judges should not have life tenure.
And if they do, only if they're on good behavior. Well, what does that mean?
Well, he saw judges, as the least dangerous branch. Because it doesn't have -- it doesn't control the purse strings. And it doesn't have an army.
Okay? So he's like, you know, I mean, if they're on good behavior, just let them go. Just let them go. But he also knew that judges weren't perfect. They do go rogue. So he knew, that they would twist the Constitution, and what they were doing into something that it's not.
And that good behavior clause is not just for decoration.
It's the lifeline of the people.
To stop the judges that have gone bad.
Then in Federalist 81. Hamilton troubles down on this one.
Judges can be impeached. If they abuse their power.
How do they abuse their power?
They step out of line of interpreting the law. And start writing laws. And he's very clear.
Congress has the muscle to check them.
You know, it's like giving the principal, the power to fire a teacher, who is teaching kids the alphabet, you know, backwards and mixed up.
You know what, I appreciate it. We're not doing that. Okay. We hired you to teach the alphabet.
So has this ever been done. Has this ever been exercised?
Yeah. I talked to a federal judge, last night about this. And he's like, Glenn!
Luster versus Georgia. And I'm like, oh, man. That's one of my favorite rulings. But I want to ask you to see how much you know about Luster (phonetic) versus Georgia!
It's back in 1832. Supreme Court told Georgia, they have to stop messing with the Cherokee nation land, and they -- I think they also said, you can't go in and teach the Cherokee tribes Christianity. Okay. Georgia said, no. We're going to do that anyway. Okay?
Now, I'm not a fan of the way the Native Americans were treated in history. And I'm not a fan of Andrew Jackson. But he wasn't a fan of the court.
And he supposedly said, great!
The judge has made his decision.
Now, let him figure out how to enforce it.
Now, I don't like that. I don't like that. But that's what Federalist 81 was saying. They don't have purse strings. They don't have an Army. They have an opinion.
But if the other two branches are like, no! We're going to do it anyway.
Again, I don't like that. But that's only -- that can only apply to when the judges step out of their lane!
When you -- when you're an activist judge, go ahead.
You call your army. But when they're in their lane. And they're saying, no. This is the law. This is how it's written!
Then you don't say, no. You go ahead and try to enforce it. Because then it's a breakdown.
But it's just as much of a breakdown. It they legislate from the bench. And we do nothing about it!
The court doesn't have any tanks. It doesn't have any cops. It relies on the other two branches.
It's judge that one is the weakest!
It has no enforcement.
It was never given any enforcement.
The Founders didn't want it to have any enforcement.
Congress has the checkbook. The president has the tanks. The justices have their robes.
So they lose. Theater weakest of them.
Now, they're supposed to be able to check each other.
So you're -- out of respect, for what each arm is supposed to do, we do listen to the Supreme Court.
But wait until you hear what else is in the Constitution, that I just -- I bypassed. I didn't even know.
They -- that goes right to the judges and how important they are, according to the Constitution.
Not the Supreme Court.
These kinds of judges.
Okay. So Jackson, when he says, okay. Go ahead. Let them force it.
That shows the limits of their power.
But it also shows the flip side. When the judges overreach. They can stir up chaos.
You know, if no one is willing to listen. So here's where article three of the Constitution comes in. And remember, Constitution, the rule book!
The rule book for the courts.
It sets up the Supreme Court. But it also gives Congress the power to create or even shut down, the lower federal courts!
They have no power over the Supreme Court.
They cannot shut it down. They cannot affect it.
But Congress can pass a law that says, you guys are done!
So don't tell me, that you can't impeach them!
It's in the Constitution.
That that is -- and the Federalist papers. That is critical, in case they start overstepping the bounds. You can impeach them.
And we should. This is all a ploy, this is no different than the -- quite honestly. The terrorism that is happening on our streets with Tesla.
Okay? That's terrorism.
This isn't terrorism. This is just a whole buttload of lies. Told by a bunch of people, where supposedly, you know, able to trust.
Because they wear a robe.
Don't trust them. Why would you trust the justices when you don't trust the politicians, when you don't trust anybody in Washington?
Why are these guys exempt?
Okay? I'm not saying. I don't want to sow seeds of discord with our -- I believe in the Supreme Court.
It's the best system that we have. But let's not -- let's not throw our Constitution out for these guys, who are sitting in the -- the lower federal courts.
You know, Congress can say, hey. We don't need this court anymore.
You're banned. Or you're banned from ruling on that.
Sorry!
You're not talking about that anymore.
It's a leash. And it's there for a reason.
The Supreme Court is untouchable. And -- and it's -- you know, it's not above impeachment, if the justices start playing king instead of somewhere.
But their job is like a gardener. Their job is to keep trimming the hedges. Keep the law neat and tidy. If they start ripping out the whole garden.
And planting it, with whatever they want.
Someone has to fire them. That is where we are with these lower federal court justices.
You, according to the Constitution, Congress, and the president, are in charge!