Constitution says states run their elections, not the federal govt. Trump's call to nationalize them is illegal

[bigtree]

U.S. Constitution grants states the authority to conduct federal elections, subject to laws passed by Congress.

Trump's suggestion to nationalize elections is a direct violation of this constitutional principle. The Constitution's Elections Clause states that "the Times, Places, and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators."

This means that local officials across thousands of jurisdictions administer elections and tabulate votes, with safeguards built in that make it "almost impossible for systems to be breached on a scale to affect federal or state results."

Trump's open call for republicans to 'nationalize elections' is an extension of his stochastic lawlessness and treason where he incited his followers to attack the U.S. Capitol and then later pardoned them.

Trump is calling for republicans to surrender their states' elections to the Trump regime; for them to place their elections under the authority of the completely politicized DOJ of a president already convicted of election fraud who was indicted for trying to steal the next one.

Clearly challenged by polls showing huge drops in support across the board for republicans, Trump is desperately trying to muscle his way into taking elections in America away from the people.

But Americans don't have to stand for this lawlessness and treason. His entreaties to republicans are to not just 'Stop the Steal,' as his supporters' prevaricating mantra pretended before they attacked the nation's capitol and savagely beat police, but to actually hijack elections from states which would potentially disadvantage him and his party.

Donald Trump has just advocated yet another illegal election action, presaging other illegal intentions of his for the upcoming midterm elections. In a normal world, when an already convicted felon, who tried to defraud an election and illegally overturn the results of another, advocates illegally interfering in yet another election, that would put such an onus of criminality on them that they would instantly lose the political support that kept them in power.

Likewise, any convicted criminal who openly advocated yet another illegality for the very same offense they're institutionally known to perpetrate would be subject to immediate inquiry by authorities, and likely arrested.

Instead, Trump's bizarre and demented demand is being related by the press as some sort of official proclamation, as if the Executive branch can just imperially assume control of state elections by fiat in an interview. But, most disturbingly, not actually portraying it as an autocratic attempted theft of our democracy, but as some kind of simple policy choice he and his republican sycophants can unilaterally decide and effect with impunity.

That's been the operating principle of this lawless presidency; to just break the law and see if anyone will hold them accountable, knowing well that present-day republicans in Congress are loath to act to uphold the Constitution and laws which limit or restrain their own party's president.

Republicans are on a crime spree of their own; a grifting and tyrannical snatch and grab by the republican majority in this period of relative unaccountability for just about everything they're engaged in which their majority controls. But, it's not going to last forever, and many of them would be well advised that they don't hold any of the immunity the maga majority on the Supreme Court granted Donald Trump.

Do republicans actually want Trump running their state elections? How does that protect or promote any but his own narrow political interest? It's not as if he's been picking winners, or even advantaging republicans in elections with his behavior in office.

But, let's say some republicans will take him up on this... they'll be instant co-conspirators in certain prosecutions in the future, with no one in sight to pardon them out of the pit of shameful treason he's led them to.

I mean, the charges are already stacking up, and the writing's on the wall for a Democratic majority determined to bring the FO to their FA.

[bucolic_frolic]

1. Hope Sam, Clarence, Neil, John, and Amy agree with the Constitution!

[Janbdwl72]

2. What about Brett?

I think that is Kavanaugh’s first name.

[bucolic_frolic]

5. Gee, I forgot about him

He's so forgettable.

[bigtree]

9. they may be looking for an exit ramp

...feeling Trump encroaching on their financial portfolios.

Kavanaugh and Alito got animated over Trump's attempted Fed reserve board takeover, asking the Trump attorney what the hurry was, and 'where's the evidence' in the filings, in the first case of the maga justice every feeling the need for any factual basis for defending the man they deliberately enabled into office with their own invention of 'immunity' from the their own judgment for a vague characterization of 'official acts' in office.

Who knows what they'll do, but you can be sure it's in their own interest, which they should have figured out by now isn't the self-centered megalomaniac.

[bucolic_frolic]

10. If they let him remove one Fed member, he'll remove them all

and every SCOTUS member will be next in line. So spot on about their rulings being in their own interest.

[vapor2]

3. Legality means nothing to trump et al

Not one damn thing. Scotus and repugs will look the other way.

[Fiendish Thingy]

6. By what mechanism will Trump "nationalize" elections?

He has called on congress to do it, implying he knows he does not have the power to do it himself.

Neither does congress.

[Fiendish Thingy]

4. He will try, and he will fail.

Thanks for the thorough, evidence based post on Trump’s lawless demands that congress rescue him from the Blue Tsunami.

I’m sure he will find some MAGA loyalist to author a bill to “nationalize” elections in the states he chooses, and that bill will die in committee, if it ever gets that far. I don’t even think the SAVE act will get a vote in the senate.

But I’m sure this thread will have its share of defeatist Doomers replying “he will just do it, who’s going to stop him?”.



My guess is someone has convinced him this is possible because of this bolded section of Article I:

The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators.

But, of course, that is just more silly nonsense. The courts have ruled that states cannot impose term limits for congress or alter qualifications for candidates, but I am not aware of federal courts removing authority for administration, tallying and certification of elections from states. (Bush v Gore does not apply here- it was an Equal Protection ruling, not an Article I ruling)

https://constitution.congress.gov/browse/essay/artI-S4-C1-2/ALDE_00013577/

Anyway, thanks again for the reality based post.

[onenote]

7. It's not so black and white. Article I, Section 4, Clause 1

"The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators."

So, in fact, the Constitution does to a certain extent, open the door to the "nationalizing" of elections. And that is why Democrats have proposed, and should continue to push for, national election reform, such as that found in the Freedom to Vote Act, which would set national standards for voting by expanding early and mail-in voting while strengthening rules about election security, redistricting and campaign finance. It would also establish how states could require voter identification and make Election Day a federal holiday.

[pandr32]

8. Everything Mr.Trump does is illegal.

Crime, grift, hedonism, and self promotion are his credo. To hell with the rest of us.

[H2O Man]

11. Recommended.

Thank you for this. I'm disappointed to see some here on the forum are unaware of this. I'll also note that the majority on the USSC realize that the president is out of control. There is zero chance that the presidential elections will change from states to federal. It's not happening.

[Bettie]

12. Yeah, but

at this point, we can plan on SCOTUS finding some 15th century reasoning for saying "No, we're going to give our orange overlord the authority to do whatever comes into his dementia and syphilis riddled brain".