Real bill currently in Congress c/o S/119/5046
A bill to prohibit the transfer of certain offices and functions of the Department of Education to other Federal agencies, and for other purposes.
Latest action (2026-08-04): Placed on Senate Legislative Calendar under General Orders. Calendar No. 541.
The Framers
“Founders’ Verdict”
Confidence 0.50
Synthesis
The bill is constitutional only if it does not impede the President's ability to execute the laws and if the functions of the Department of Education are within Congress's enumerated powers. Otherwise, it may be unconstitutional.
The bill is a constitutional exercise of Congress's power to organize and regulate the structure of the executive departments. Article I, Section 8, Clause 18 grants Congress the authority to make all laws necessary and proper for carrying into execution the powers vested in the government, which includes determining the assignment of functions within the executive branch. Additionally, Article II, Section 2, Clause 1 presumes that the principal officers of executive departments are established by law, and thus Congress may set limitations on the transfer of their offices. The prohibition does…
This bill, by prohibiting the transfer of offices and functions of the Department of Education, implicitly acknowledges the legitimacy of a federal department that exercises powers not delegated to the United States by the Constitution. The Constitution nowhere grants Congress authority over education; such matters are reserved to the States and the people. To maintain or even regulate the functions of a department that exceeds the enumerated powers is to sanction a trespass upon the rights of the States. A strict construction of federal power demands that the Department of Education be disman…
The Constitution does not explicitly enumerate education as a federal power; the Tenth Amendment reserves such matters to the States or the people. However, if the Department of Education's functions are tied to enumerated powers—such as spending for the general welfare (Article I, Section 8, Clause 1) or enforcing the Fourteenth Amendment—then Congress may regulate their transfer. The bill's prohibition on transferring offices must be assessed against whether the underlying functions are constitutionally assigned to the federal government. If the functions exceed enumerated powers, the bill m…
This bill, by prohibiting the transfer of certain offices and functions of the Department of Education to other Federal agencies, raises questions under the Necessary and Proper Clause. Congress possesses the power to organize the executive branch, including the creation and structuring of departments, as an incident to its enumerated powers. However, the Constitution vests the executive power in the President, who must take care that the laws be faithfully executed. If this bill prevents the President from reassigning functions that are essential to the execution of laws passed by Congress, i…
What should pass
“AI Consensus Solution”
Education Agency Stability and Congressional Oversight Act of 2025
To prevent the President from transferring the Department of Education's core functions to other federal agencies without congressional approval, thereby preserving the agency's current structure and mission.
Bipartisan rationale: Honors Democratic priorities: preserves the Department of Education's role in administering federal education programs and protecting civil rights, and ensures that Congress—not the Executive alone—decides major structural changes. Honors Republican priorities: respects the Tenth Amendment by limiting federal overreach to only those functions explicitly authorized by Congress, and prevents executive overreach by requiring a clear legislative check on reorganization. Both parties value stability and predictability in education policy.
Vote-count path: ~260 House votes: 170 Democrats + 90 Republicans from the oversight and federalism caucuses; ~62 Senate votes: 48 Democrats + 14 Republicans who favor congressional checks on executive reorganization.