department of education | Tom Mullen Talks Freedom

President Trump signed an executive order on Thursday to “shut down” the federal Department of Education, keeping the same campaign promise President Reagan failed to keep over forty years ago. The order goes as far in eliminating the department as the executive branch has the power to go without a successful bill in Congress, which created the department in 1979.

The purpose of the order is to transfer most of the administrative and management functions over public education back to the states while not decreasing or eliminating federal funding of education, including subsidies and guaranteed student loans. It is a good first step but does not address the massive economic distortions in the education industry created by federal financial interventions.

The order is not specific on which functions will be transferred back to the states or eliminated. It simply states, “The Secretary of Education shall, to the maximum extent appropriate and permitted by law, take all necessary steps to facilitate the closure of the Department of Education and return authority over education to the States and local communities while ensuring the effective and uninterrupted delivery of services, programs, and benefits on which Americans rely.”

Since Congress created the department in 1979 and the bill creating it was duly signed by President Carter, it cannot be formally abolished without a new bill passed in Congress and signed by Trump. Therefore, what functions, if any, the law permits eliminating or transferring to the states is unclear. The administration may decide to find out by trial and error.

Ironically, the order exercises a power it is theoretically written to eliminate: the use of federal funding as leverage to dictate to the states what they may or may not do in terms of how they manage public education:

“Consistent with the Department of Education’s authorities, the Secretary of Education shall ensure that the allocation of any Federal Department of Education funds is subject to rigorous compliance with Federal law and Administration policy, including the requirement that any program or activity receiving Federal assistance terminate illegal discrimination obscured under the label “diversity, equity, and inclusion” or similar terms and programs promoting gender ideology.”

This is based upon the conservative viewpoint that all affirmative action, including the newest branded under “diversity, equity, and inclusion” (DEI) violates the Civil Rights Act of 1964 and other federal civil rights legislation. It’s hard to dispute this since the thrust of all those laws is to prohibit the consideration of race, sex, or religion when hiring employees, granting admission to universities, etc. and the stated goal of DEI is to do precisely what the laws prohibit.

The problem with this is that a subsequent Democratic president could write an order requiring any educational institution receiving federal funding to have a DEI program and meet quotas for racial or gender categories. So, the order doesn’t really even attempt to abolish or reduce this aspect of federal interference in state and local public education.

Neither does the order affect the tremendous economic harm done by federal subsidization, especially the guarantee of student loans for college tuition. As I’ve covered in a previous podcast, this intervention has resulted in an absurd artificial rise in college tuition prices. Most of the money has not gone into hiring more teachers but rather to an explosion in the number of administrators in higher education. And, as Trump and other conservatives point out, this has not led to better educated students. Quite the contrary.

Even if the administration were successful in getting a bill through Congress to completely abolish the Department of Education and truly return public education to the states, it would not be a panacea for the ills of government schooling. While an electoral map may indicate more red states than blue states and one may be tempted to think that would translate into a more conservative perspective prevailing in public education in those states, it likely would not.

Read the rest on Tom’s Substack…

Tom Mullen is the author of It’s the Fed, Stupid and Where Do Conservatives and Liberals Come From? And What Ever Happened to Life, Liberty, and the Pursuit of Happiness?

It is no accident that so many of the books and movies about the Old West are set in Texas. There is something about Texas that stirs the soul. It is the yearning for freedom.

From before its birth as a republic or a state within this union, Texas has been a place where people have gone to be free. As an isolated state in the Mexican republic, Texas provided a sanctuary for all who wished to live their lives without interference from a distant capital. When the Mexican government attempted to exert centralized, despotic power over your ancestors, they fought with Santa Anna and the federalists. When that general later repudiated liberty and betrayed the Texans, they stood against him and won their freedom again.

Americans have always thought of Texas as an independent state that only reluctantly joined the union, with one foot out the door ever since. It is not that Texans are unpatriotic. On the contrary, Texas is the last place in America where the principle of federalism still seems to live. None doubt that Texas will support and defend her fellow states. However, Americans have always fondly imagined Texas’ stance towards the federal government to be, “Don’t push us too far or we’ll leave. We’re quite capable of taking care of ourselves.”

In an age where centralized power has reached into every aspect of our lives, only Texas exudes a spirit of resistance. When Americans think of a well-armed, independent populace, they invariably think of Texans. If the federal juggernaut is ever to be checked, who better to lead?

The limits on government power have been under attack since the birth of the republic. Now they are all but gone. The government no longer protects your life. It claims the power to kill you without trial. It no longer protects your property, but loots it to fund its failed social programs and foreign adventures. Worst of all, it no longer recognizes your God-given right to liberty. It believes that it can tell Texans what they can eat, what they can drink, how they must run their businesses, what they can and cannot do on their own property, and even what they can think.

Sadly, most Americans have forgotten how abhorrent these ideas are. Many of us like to think that Texans have not forgotten. Have you? You have an opportunity to answer that question during this election year. There is one man running for president that opposes everything that is wrong with America. It is no mistake that he comes from Texas.

For Texas Republicans, every election must bring back the sting of Santa Anna’s betrayal. Republican politicians are elected specifically to cut the size and scope of government. They never do. The Democratic Party openly admits that it seeks to expand government at all levels. At least they are honest. The Republicans claim to oppose that agenda, but have expanded government whenever they have been in power.

This election year is no different. Certainly, Barack Obama makes no promises to shrink the government. He believes that all economic growth originates from some sort of government intervention. He believes that the purpose of government is to redistribute wealth. He opposes the basic ideals that made America great. He makes no secret of this. At least we know where he stands.

It is the Republican candidates that represent the potential for another betrayal. As usual, they say that they intend to cut federal spending and power, but they will not name one specific program that they will cut. None of them, that is, except Ron Paul.

Congressman Paul has stood alone for decades against the unchecked growth of government and is the only candidate committing to cut it. He has already published a budget that cuts $1 trillion from the federal budget during his first year as president. It eliminates five federal departments, not only saving money, but reestablishing the principle that the federal government has no business regulating education, housing, commerce, energy, or “the interior.” These are all powers properly left to the states or to the people. His opponents do not make similar promises because they do not truly believe in these principles.

You may have been told that Ron Paul is “unelectable” because of his foreign policy. What is that policy? It is that only the American people may decide to go to war, through their elected representatives in Congress. Ron Paul insists that no president or general may usurp that power. If war is truly necessary, then there should be a debate in the Congress and a declaration of war. When America followed this constitutional process, we won wars. Since America has abandoned it, we have never really won a war.

We instead send our soldiers to far-off lands with no definition of victory. Their hands are tied with confusing rules of engagement that prevent them from winning and allow the wars to drag on. This benefits those who profit from war, but not those who give their lives or are forced to pay. How much longer will we go on like this? Sixty years later, what is the U.S. military’s mission in Korea and when will it end? Germany? Japan?

Ron Paul will end those missions now and recommit our military to defending this country. Most importantly, if war should comes during his presidency, he will have it properly declared by Congress and will allow our military to win it. Do you truly believe that any of the other candidates will do likewise? Make no mistake, Ron Paul is the only president that will win the next war.

Our nation is on the verge of socio-economic collapse. Every reasonable person recognizes that the federal government is the root of the problem. Who will stand up and oppose it? Every media outlet is arranged against Ron Paul and anyone else that suggests pushing back. Americans are bombarded daily with propaganda supporting the status quo. The Republican Party leadership doesn’t oppose it at all.

Ron Paul is our last hope. A vote for anyone else is a vote for more of what has led us here. Time is running out on the option to reverse course. Courageous people in many states have already cast their votes for liberty in large numbers, but they have not yet given Ron Paul a victory.

You can change that when you hold the Texas Republican Primary. You will have an opportunity to strike a blow for freedom. Texas commands 155 delegates. A Ron Paul win in Texas can prevent another big government elitist from clinching the Republican nomination. Most importantly, it sends a message that a large and prominent state has rejected the unnatural form of government that we have adopted. It says to the federal government what our forefathers once famously said to the British, “This far shall you go and no farther.”

It is the responsibility of every individual to defend his or her own liberty. It is the responsibility of every state government to defend the limits on federal power. Texas cannot do it for the other states, but she can lead by example. The stand against tyranny must begin somewhere. If not in Texas, where else? If even Texas does not resist, who will?

There is a yearning for freedom within every American heart. Ron Paul has reawakened it in millions. The forces of tyranny recognize this and are uniformly aligned against him. They despise freedom and independence. They thrive on dependence and control. One side is going to win. Freedom can only prevail with Texas leading the way. Do not let us down. Give Ron Paul a victory in the Texas Republican primary.

Tom Mullen is the author of A Return to Common Sense: Reawakening Liberty in the Inhabitants of America.