Election Law Expert Tells Dan Abrams Trump's Mail-in Voting Executive Order Is Dead on Arrival
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Election Law Expert Tells Dan Abrams Trump's Mail-in Voting Executive Order Is Dead on Arrival
"The Article I Section 4 was drafted by the Framers specifically to grant primary authority to regulate elections to the states, to the state legislatures. It also gave the authority to Congress to act directly, but one entity it didn't give any authority whatsoever to was the President of the United States."
"They would just fought a war against a monarch, against an authoritarian. And if you read the Constitution throughout, one of the threads that runs throughout the entire Constitution are the limits on executive power."
"The states can always regulate elections. Congress can chime in when it needs to. It has done so a few times on things like the Voting Rights Act, on the National Voter Registration Act."
"It appears the president here has not learned the lesson from that first article of the Constitution, which carved elections out specifically to limit executive power."
David Becker stated that President Trump's executive order on mail-in voting is unlikely to survive legal challenges. The Constitution grants states the primary authority to regulate elections, intentionally excluding the President from this power. The Framers designed the Constitution to limit executive power, especially regarding elections. While Congress can intervene, it has not passed relevant legislation recently. Becker emphasized that the authority to regulate elections lies with the states and Congress, not the President, indicating a fundamental misunderstanding by Trump of constitutional limits.
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