Reinstating Commonsense School Discipline Policies

Enumerated powers · passes

The President acts under Article II, Section 1 executive power and Article II, Section 3 duty to take care that laws be faithfully executed, to administer Title VI of the Civil Rights Act of 1964. Title VI itself rests on Article I, Section 8, Clause 1 Spending Clause authority to condition federal education funds on non-discrimination, and Congress's Fourteenth Amendment Section 5 enforcement authority. The order issues guidance, directs enforcement of that existing statute, requires reports, and revises discipline only for federally operated Defense schools. It claims no new legislative power over state curricula.

Bill of Rights · passes

No provision directs censorship, compelled speech, religious exercise, arms restriction, searches, self-incrimination, unfair trial, or cruel punishment. The order prohibits racial discrimination in discipline and requires behavior-based decisions, which is consistent with the First Amendment and the Fourteenth Amendment equal protection principle incorporated against federal action. It creates no penalty on private speech, belief, press, assembly, or petition.

Individual liberty · passes

The order restricts government actors, not private persons. It does not regulate what a person may say, believe, own, or do with their labor. It bars LEAs, SEAs, and federal grantees from using race-based discipline quotas, and asks for model policies rooted in objective behavior. The burden remains on government to apply discipline even-handedly without unlawful racial discrimination, which protects rather than infringes individual sovereignty.

Decentralization · passes

Education and classroom discipline are historically state and local functions reserved under the Tenth Amendment. This order does not create a new federal discipline code for public schools; for LEAs and SEAs it orders guidance, consultation with Governors and State Attorneys General, and enforcement of existing Title VI non-discrimination law, while expressly finding disciplinary decisions are best left to classroom teachers and administrators. The only direct federal rulemaking is for Department of Defense schools for military families, where the federal government is the operator. It therefore moves decision-making downward, not upward.

Due process and takings · passes

No person is deprived of life, liberty, or property, and no property is taken. Sections 3(a)-(c) require new guidance and coordination before any compliance action, preserving procedural due process under the Fifth Amendment: fair notice and application of Title VI. Section 4(b) limits implementation to applicable law and appropriations, and 4(c) creates no new enforceable deprivation. Any future funding action would remain subject to Title VI statutory procedures and judicial review.