Massive amounts of federal aid should not be going to education, as it is not included in the constitution as a federal matter, retired Judge Andrew Napolitano said Friday on Newsmax while commenting about the calls from the Trump administration to shutter the Department of Education.
"This is something that Donald Trump has championed since before he was president of the United States the first time," Napolitano said on "National Report." "Education is not articulated in the Constitution as a federal matter. It's entirely up to the states."
A coalition of Democrat-led states challenged the administration's sweeping Education Department layoffs Thursday, saying that the move amounts to an illegal dismantling of an agency that was created by Congress.
In the lawsuit, filed in Massachusetts, 20 states and the District of Columbia said the layoffs are too severe and that the department can't function or comply with statutory requirements.
Napolitano pointed out that states have often taken control of schools, with some states having education systems with money going to religious schools and "certain eastern states, like where we are now, has education that teaches all kinds of abominations about what you can do to your body."
"But Trump is arguing, like Ronald Reagan when he said, 'You can vote with your feet,' meaning you can live where you want," he added.
Napolitano said education is "entirely up to the states. The feds should have nothing to do with it, including allowing massive amounts of federal aid."
GET TODAY NEWSMAX+:
NEWSMAX is the fastest-growing cable news channel in America with more than 30 million people watching!
Reuters Institute reports NEWSMAX is one of the top news brands in the U.S.
You need to watch NEWSMAX today.
Get it with great shows from Rob Schmitt, Greta Van Susteren, Greg Kelly, Carl Higbie, Rob Finnerty – and many more!
Find the NEWSMAX channel on your cable system – Go Here Now
BEST OFFER:
Sign up for NEWSMAX+ and get NEWSMAX, our streaming channel NEWSMAX2 and our military channel World at War.
Find hundreds of shows, movies and specials.
Even get Jon Voight’s special series and President Trump’s comedy programs and much more!
Watch NEWSMAX+ on your smartphone or home TV app.
Watch NEWSMAX anytime, anywhere!
Start your FREE trial now: NewsmaxPlus.com
Sandy Fitzgerald ✉
Sandy Fitzgerald has more than three decades in journalism and serves as a general assignment writer for Newsmax covering news, media, and politics.
© 2025 Newsmax. All rights reserved.