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Does the president have power to close down federal agencies and departments like DOE
Executive summary
The president cannot unilaterally “close down” most federal departments and agencies; Congress normally creates, funds, and abolishes them, and major structural changes usually require congressional action or specific statutory reorganization authority [1] [2]. That said, presidents can use executive orders, budgets, staffing moves, and limited reorganization tools to shrink or shift agency functions — moves that have been pursued and sometimes litigated in 2025 around the Department of Education [3] [4] [5].
1. Who legally controls creation and abolition of agencies? The purse and the statute
Congress is the customary authorizer: it creates agencies by statute and controls their funding; to fully eliminate a cabinet department like Education typically requires Congress to repeal or amend the statute that created it and to approve any reorganization [1] [2]. Newsweek and other analyses note that “fully eliminating the DOE requires an act of Congress” because the Department of Education was established by law in 1979 [2]. Legal analysts quoted in U.S. News similarly say presidents lack constitutional authority to dissolve agencies on their own [6].
2. What can a president do without Congress? Executive orders, staffing, and reorganization plans
The president can issue executive orders directing agency heads to take steps “within the law” to reorganize or reduce functions, and can push OMB guidance, budgets, and personnel changes to shrink operations [3] [4]. For example, President Trump’s 2025 executive orders instructed the Secretary of Education to “take all necessary steps to facilitate the closure” of the DOE and directed elimination of certain non‑statutory components [3] [4]. But multiple outlets and analysts stress that such orders must operate “consistent with applicable law” and face legal constraints [7] [5].
3. How have courts and lawyers framed presidential limits? Removal and independence limits
Legal doctrine and precedent limit presidential control over independent agencies and constrain unilateral abolition. The removal-power literature and constitutional analyses show Congress can create offices with protections from at‑will removal and set statutory terms, limiting unilateral executive domination [8]. Newsweek and other reporting emphasize that lawsuits are a predictable check: many of the executive efforts to dismantle agency functions have been and are likely to be litigated because “neither the President nor his agencies can undo the many acts of Congress” that authorize departments [9] [6].
4. Practical levers the White House uses — and the political risks
Administrations can drain resources, reassign programs, move staff, or try to transfer functions to other agencies — tactics the 2025 White House used to pare down certain entities and direct the shifting of functions from the DOE to other parts of government [3] [10]. These levers can be effective in changing day‑to‑day operation, but they invite litigation, congressional countermeasures, and public blowback; several sources note legal challenges and Congressional options to block or restore agencies [9] [11].
5. The special case of “reorganization authority” — when Congress delegates power
There is a statutory tool known as presidential reorganization authority, which Congress has at times temporarily granted; when in force, it allows the president to consolidate, create, or abolish agencies by directive, subject to limited legislative oversight [1]. But this authority is not automatic: it must be conferred by Congress and typically comes with time limits and statutory conditions [1]. Absent that delegation, the president lacks a freewheeling power to abolish agencies.
6. Recent 2025 example: Department of Education — what happened and what it shows
In 2025 the White House signed orders directing the DOE to be dismantled and shifted functions to states and other agencies; the administration also cut staffing and moved non‑statutory functions to minimum presence [3] [4]. Media reporting and legal counsel reiterated that while an EO can “set the process in motion,” fully eliminating the department would require congressional action and faces court challenges — and several outlets documented lawsuits and disputed executive overreach [2] [9] [5].
7. Bottom line and competing perspectives
Legal experts and mainstream reporting agree the president cannot, by pure executive fiat, abolish a congressionally created agency or refuse to spend funds lawfully appropriated — Congress controls the purse and the statutes [2] [1]. The White House and supporters argue strong executive action and managerial steps can legitimately reduce what an agency does and return power to states [3] [4]. Critics, congressional Democrats, unions, and legal analysts say such moves overstep separation of powers and will be checked in court and by Congress [9] [11]. Available sources do not mention any instance in 2025 where a president fully abolished a cabinet department without congressional approval.
Limitations: this account relies only on the supplied reporting and legal summaries; ongoing litigation and Congressional developments cited in those pieces may change outcomes [9] [1].