"He can't legally do it, so, I don't think this survives first contact with the courts. If he passes this kind of executive order, I imagine within hours there will be people who have already developed their litigation strategy to counter it, because it's being broadcast by him and his team, or at least by this group in The Washington Post."
"This is not a place that there's presidential power. This is something that's run by the state and local election officials. We're a federalist country. So, it should be run by the states. That's right. It's madcap in a certain sense of how extraordinary the idea is."
President Trump has claimed the 2020 election was rigged and stated Republicans should nationalize voting. Pro-Trump activists reportedly plan to use a baseless claim of Chinese interference in the 2020 election to justify Trump issuing an executive order declaring a national emergency to federalize elections. Ryan Goodman, former special counsel at the Department of Defense, argues this action would be illegal. He explains that elections are constitutionally controlled by states and local officials, not the federal government. Goodman predicts immediate legal challenges would follow any such executive order, as the Constitution reserves election authority to states under federalism principles.
#election-federalization #constitutional-law #executive-power-limits #state-vs-federal-authority #2020-election-claims
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