Executive Order Immediately Dissolving the United States Department of Education (RFC)


[The following Executive Order proposed by me (Eric Martin) will potentially be included in my upcoming book after considering and carefully incorporating your comments, among other considerations. The book is tentatively titled Liberation Day. The book contains a plan for the President of the United States to bring the Federal Government in line with the original intent of the Constitution of the United States in one day. The plan is simple: it’s a series of Executive Orders that any President could sign and carry out in just one day. The orders bring the government down to its proper size and scope, primarily by getting rid of whole unconstitutional departments, or unconstitutional entities within departments that are otherwise Constitutional.
I envision the plan in the book to be used as a sort of litmus test for any Presidential candidate: I hope that the Citizens of the United States and I will demand that candidates will commit to upholding this plan or the ends of this plan. Indirectly, the plan may be used as a test for any candidate for office, officer, or employee of the Federal Government. The more fully that candidates commit to this plan, the more favorably they will be seen by the voters. When and if the candidate gets into office, they will be held accountable to the plan as agreed. In this way we, the Citizens of the United States, have an opportunity to bring a legal, Constitutionally limited Federal Government back into the hands of We the People.
The following Order is just one of quite a few of the Executive Orders in the plan contained in the book. The plan is pretty straightforward because the entire Department of Education is unconstitutional, so all of it must be eliminated. I expect the rest of the Executive Orders to follow a similar format, so I want to make sure I get the first one right.
This is an open Request for Comments from me to the public. Please feel free to comment publicly or, to comment privately to me, highlight some text in this article and click the rightmost option. If you want to message me privately with something that is somewhat longer, I recommend you email me at liberationdaymovement@gmail.com. I will endeavor to read and consider every comment, but I may not respond to all comments. I will also appreciate any discussion of the document and any discussion of comments that may arise.
I hope for people to respond with general comments, grammar issues, philosophical issues, legal issues, logic issues, criticism, praise, and anything else that you feel is important. Thank you so much for your thoughtful consideration of this potential Executive Order.
Thank you for your support. For Liberty!]
It does not take a majority to prevail… but rather an irate, tireless minority, keen on setting brushfires of freedom in the minds of men.―Samuel Adams

Executive Order Immediately Dissolving the United States Department of Education

EXECUTIVE ORDER

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IMMEDIATELY DISSOLVING THE UNITED STATES DEPARTMENT OF EDUCATION

By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby affirmed, declared, and ordered as follows:

Section 1. Policy. It is the policy of the United States to have no involvement in the education of its people or its citizens when that education is not directly associated with carrying out a power given to it by the Constitution of the United States.

Sec. 2. Constitutionality. The United States Department of Education is unconstitutional. The term “education” is not contained in the Constitution of the United States of America and no power regarding general education is ever given to the Federal Government or its Legislature in the Constitution.

Sec. 3. Presidential Duty and Immediacy. According to the President’s duty to uphold the Constitution of the United States of America, as the President has sworn or affirmed to uphold such Constitution, all sections of this executive order will be immediately understood and carried out by all branches of the United States Federal Government as it pertains to them, without regard to any court order that goes against the Constitution.

Sec. 4. Unenforceable Laws. Any laws, regulations, acts, or other legislation of the Federal Government that unconstitutionally provide for or regulate education will henceforward cease to be executed and will continue to cease to be executed unless and until the Constitution of the United States is amended to give Congress or the Federal Government the power to make laws regarding general education.

Sec. 5. Ending the Department. The United States Department of Education will immediately cease to function, and any obligations owed by the United States Department of Education to its servants or from the United States Department of Education to other entities will be taken over by the Federal Government in accordance with its historical commitment to pay debts, as Congress may prescribe.

The Secretary of Education will remain in his or her position for ninety days to make sure that all unconstitutional educational functions throughout the Federal Government are eradicated and to make sure that education is firmly in the hands of the people and their respective States. The Secretary of Education will give a report to the President on how general education has been eradicated from the Federal Government, and will permanently leave his or her office when ninety days have passed.

Anyone else working at the United States Department of Education, who is educating in relation to Constitutional activities, such as those related to War, will move to a Constitutional department that can absorb them, such as, in this case, the Department of Defense; the Constitutional Departments will take any property that is Constitutional in nature for their purposes, as they see fit.

Everyone else working at the United States Department of Education, who is not educating in relation to Constitutional activities, must permanently leave their respective Department offices or places of work immediately. Any State Government or other entity may reemploy any Federal worker who has lost a job in this way, to work in a similar or a different capacity.

Any property that was not taken by Constitutional Departments, which was owned by the United States Department of Education, will now be the property of the governments of the respective State, the District of Columbia, or the United States Territory where the property is situated. If the property is not contained in one of these locations, it will immediately come into the control of the first State government which has a representative at the property physically to claim the property. If two or more States lay claim to property at the same time, they may agree among themselves as to who will own the property, or they will share it among themselves. Any State, the District of Columbia, or any United States Territory that acquires property from the Federal Government in the above two ways may freely pay the Treasury of the United States for such property, if and in the amount that they desire to do so.

Sec. 6. Reaffirmation of the Tenth Amendment of the Constitution. It is reaffirmed that, according to the Tenth Amendment of the Constitution of the United States, and implied by the Constitution before it was ever amended, all general education powers are reserved to the States respectively, or to the People, and, therefore, nothing regarding general education will henceforward be done by the Federal Government, without there first being a ratified amendment to the Constitution that gives power over general education to the Federal Government.

Sec. 7. Responsibilities of the People and their State Governments. Regarding the topic(s) of this Executive Order, the People and their respective State Governments, or the People alone, are urged to take care of anything previously attended to by the Federal Government. If any State desires to take action regarding a topic of this Executive Order, the Congress of the United States is urged to approve such State action so that the state may accomplish these or related things which were previously attended to by the Federal Government, if Congressional approval is Constitutionally required for the State to take such action.

Sec. 8. Pardons and Contracts. (a) A Full and Unconditional Pardon is hereby given to anyone who has been charged or convicted of any Federal crime or offense related to any of the unconstitutional laws that were deemed unenforceable according to this Executive Order.

(b) Regardless of any contracts or agreements that were signed or sworn to towards unconstitutional ends, anyone who exposes the Federal Government for doing anything unconstitutional, including the items outlined in this Executive Order, will be given a Full and Unconditional Pardon for exposing such unconstitutional Federal actions. Also, regardless of any contracts or agreements that were signed or sworn to towards unconstitutional ends, anyone who has exposed the Federal Government for doing anything unconstitutional, including the items outlined in this Executive Order, is hereby given a Full and Unconditional Pardon for exposing such unconstitutional Federal actions.

Sec. 9. General Provisions. (a) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

(b) This order is not intended to, and does not, go against the Constitution of the United States. Everything in this order has the intent of restoring the supreme law of the land, which is the Constitution of the United States of America; if any part of this order is deemed as going against the Constitution, any remedy must be at the discretion of each individual charged with that remedy, including judges, officials, secretaries, and people at any and every level of government. Those individuals are each urged to ask if the remedy is Constitutional according to the original intent and spirit of the Constitution when written by our founding fathers in the seventeen hundreds. If any part of this order is ultimately deemed unconstitutional by any individual or institution, all other parts of this order will remain in full force and effect in perpetuity.

[THE NAME AND SIGNATURE OF THE PRESIDENT OF THE UNITED STATES]

THE WHITE HOUSE,

[Date].