Article I: Willful and systemic refusal to comply with the law

The Constitution provides that the House of Representatives shall have the sole Power of Impeachment and that civil Officers of the United States, including the Secretary of Education, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors. In her conduct while Secretary of Education, Linda M. McMahon, in violation of her oath to support and defend the Constitution of the United States against all enemies, foreign and domestic, to bear true faith and allegiance to the same, and to well and faithfully discharge the duties of her office, has willfully and systemically refused to comply with the laws of the United States, in that: During her tenure as Secretary of Education, Linda M. McMahon has violated Federal law by illegally transferring the operations of 6 offices under the Department of Education to other Federal agencies. These actions fundamentally obstruct the ability of the Department of Education to conduct statutory oversight and disburse Federal funds appropriated by Congress through its authority under article I of the Constitution of the United States. Section 204 of the Department of Education Organization Act (20 U.S.C. 3414) states that There shall be in the Department, an Office of Elementary and Secondary Education, to be administered by the Assistant Secretary for Elementary and Secondary Education appointed under section 202(b). The Assistant Secretary shall administer such functions affecting elementary and secondary education, both public and private, as the Secretary shall delegate. There shall be within the Office of Elementary and Secondary Education and directly under the supervision of the Assistant Secretary for Elementary and Secondary Education, an Office of Migrant Education, which shall be responsible for the administration of programs established by part C of title I of the Elementary and Secondary Education Act of 1965 and by subpart 5 of part A of title IV of the Higher Education Act of 1965.. On September 30, 2025, Linda M. McMahon approved an interagency agreement moving the provision of several essential programs and services under the Elementary and Secondary Education Act of 1965 to the Department of Labor’s Employment and Training Administration. This action represents a willful violation of the Department of Education Organization Act (20 U.S.C. 3401 et seq.). On February 20, 2026, Linda M. McMahon approved another interagency agreement moving the provision of additional programs and services under the Elementary and Secondary Education Act of 1965 to the Department of Health and Human Services. This action represents a willful violation of the Department of Education Organization Act (20 U.S.C. 3401 et seq.). Section 205 of the Department of Education Organization Act (20 U.S.C. 3415) states that There shall be in the Department, an Office of Postsecondary Education, to be administered by the Assistant Secretary for Postsecondary Education appointed under section 202(b). The Assistant Secretary shall administer such functions affecting postsecondary education, both public and private, as the Secretary shall delegate, and shall serve as the principal adviser to the Secretary on matters affecting postsecondary education.. On September 30, 2025, Linda M. McMahon approved an interagency agreement moving the provision of several essential programs and services under the Higher Education Act of 1965 to the Employment and Training Administration of the Department of Labor. This action represents a willful violation of the Department of Education Organization Act (20 U.S.C. 3401 et seq.). On February 20, 2026, Linda M. McMahon approved another interagency agreement moving the provision of additional programs and services under the Higher Education Act of 1965 to the Bureau of Educational and Cultural Affairs of the Department of State. This action represents a willful violation of the Department of Education Organization Act (20 U.S.C. 3401 et seq.). Section 206 of the Department of Education Organization Act (20 U.S.C. 3416) states that There shall be in the Department, an Office of Career, Technical, and Adult Education, to be administered by the Assistant Secretary for Career, Technical, and Adult Education appointed under section 202(b). The Assistant Secretary shall administer such functions affecting career, technical, an adult education as the Secretary shall delegate, and shall serve as principal adviser to the Secretary on matters affecting career, technical, and adult education.. On May 21, 2025, Linda M. McMahon approved an interagency agreement moving the provision of essential programs and services under the Carl D. Perkins Career and Technical Education Act of 2006 to the Employment and Training Administration of the Department of Labor. This action represents a willful violation of the Department of Education Organization Act (20 U.S.C. 3401 et seq.). Section 207 of the Department of Education Organization Act (20 U.S.C. 3417) states that There shall be in the Department an Office of Special Education and Rehabilitative Services, to be administered by the Assistant Secretary for Special Education and Rehabilitative Services appointed under section 202(b). Notwithstanding the provisions of section 412, the Secretary shall delegate to the Assistant Secretary all functions, other than administrative and support functions, transferred to the Secretary under sections 301(a)(1) (with respect to the bureau for the education and training of the handicapped), 301(a)(2)(H), and 301(a)(4).. On June 15, 2026, Linda M. McMahon approved an interagency agreement moving the provision of essential programs and services under the Individuals with Disabilities Education Act (formerly the Education for All Handicapped Children Act) and the Rehabilitation Act of 1973 to the Department of Health and Human Services. This action represents a willful violation of the Department of Education Organization Act (20 U.S.C. 3401 et seq.). Section 203 of the Department of Education Organization Act (20 U.S.C. 3413) states that There shall be in the Department an Office for Civil Rights, to be administered by the Assistant Secretary for Civil Rights appointed under section 202(b). Notwithstanding the provisions of section 412 of this Act, the Secretary shall delegate to the Assistant Secretary for Civil Rights all functions, other than administrative and support functions, transferred to the Secretary under section 301(a)(3).. On June 15, 2026, Linda M. McMahon approved an interagency agreement moving the provision of essential programs and services under the Civil Rights Act of 1964, the Education Amendments of 1972, the Americans with Disabilities Act of 1990, the Rehabilitation Act of 1973, and the Age Discrimination Act of 1975 to the Civil Rights Division of the Department of Justice. This represents a willful violation of the Department of Education Organization Act (20 U.S.C. 3401 et seq.). Section 215 of the Department of Education Organization Act (20 U.S.C. 3423c) states that There shall be in the Department an Office of Indian Education (referred to in this section as the Office) in the Department of Education.. On September 30, 2025, Linda M. McMahon approved an interagency agreement moving the provision of essential programs and services related to American Indians under the Elementary and Secondary Education Act of 1965, the Higher Education Act of 1965, the Carl D. Perkins Career and Technical Education Act of 2006, the Individuals with Disabilities Education Act (formerly the Education for All Handicapped Children Act), and the Rehabilitation Act of 1973 to the Department of the Interior. This represents a willful violation of the Department of Education Organization Act (20 U.S.C. 3401 et seq.). Although the Department of Education has framed these interagency agreements as partnerships, Linda M. McMahon has publicly made statements referencing her plan to dismantle and eliminate the Department of Education, demonstrating a willful intent to violate the Department of Education Organization Act (20 U.S.C. 3401 et seq.), including— (1) in a Fox News opinion editorial, Linda M. McMahon stated, I took office as Secretary of Education with a mission unlike any of my predecessors: to oversee the responsible and permanent closure of the very department I now lead; and (2) in a USA Today opinion editorial, Linda M. McMahon stated, The Trump administration will succeed where President Ronald Reagan and other conservative leaders did not... The Schumer shutdown underlined just how little the Department of Education will be missed. These statements represent a willful intent to unilaterally dismantle and eliminate the Department of Education without approval by Congress. As a Federal agency established by Congress in the Department of Education Organization Act (20 U.S.C. 3401 et seq.), the Department of Education cannot be dismantled, nor can statutory functions be reassigned to another Federal agency without an Act of Congress. Therefore, Linda M. McMahon’s actions have violated Federal law. Wherefore Linda M. McMahon, by such conduct, has demonstrated that she will remain a threat to the Constitution if allowed to remain in office, and has acted in a manner grossly incompatible with her duties and the rule of law. Linda M. McMahon thus warrants impeachment and trial, removal from office, and disqualification to hold and enjoy any office of honor, trust, or profit under the United States.