President Donald Trump is considering eliminating the Department of Education through an executive order, but it’s Congress — and potentially the courts — that would ultimately decide whether the $80 billion agency is extinguished.

President Donald Trump has said he wants his new education chief, Linda McMahon, to “put herself out of a job” and close the Education Department. McMahon was confirmed by the Senate on Monday, and an executive order to shutter the department could come as soon as this week.