Many of his demands on the school exceed his power under the Constitution.
The Trump Administration on Monday froze $2.2 billion in funds to Harvard after the university refused to surrender to its sweeping demands. Few Americans will shed tears for the Cambridge crowd, but there are good reasons to oppose this unprecedented attempt by government to micromanage a private university.
Stipulate that the feds have a duty to enforce civil-rights laws, and Harvard failed to protect Jewish students during anti-Israel protests. But the university agreed to strengthen protections for Jewish students in a legal settlement with Students Against Antisemitism, which praised it for “implementing effective long-term changes.”
The Trump Administration nonetheless demanded last week that Harvard accede to what is effectively a federal receivership under threat of losing $9 billion. Some of the demands are within the government’s civil-rights purview, such as requiring Harvard to discipline students who violate its discrimination policies. It also wants Harvard to “shutter all diversity, equity and inclusion” programs, under “whatever name,” that violate federal law.
But the Administration runs off the legal rails by ordering Harvard to reduce “governance bloat, duplication, or decentralization.” It also orders the school to review “all existing and prospective faculty . . . for plagiarism” and ensure “viewpoint diversity” in “each department, field, or teaching unit.”
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