"The President has zero authority under the Constitution to do what he's suggesting. So, as a legal matter, it's wrong. Now, can the president, as the president do things that we're not anticipating now? Well, he's got a track record of doing that. And his rhetoric has been pretty plain about this. He said he wished he had seized ballots, seized voting machines after the 2020 election."
"And I mean, that is consistent with the executive order you mentioned, saying how the states were a vessel for the federal government. That puts federalism principles and even the 10th Amendment to the Constitution, which provides powers to the states, on its head. What's most surprising about it, Jake, is that for years and years it has been an art"
The Constitution vests the authority to run elections in the states, with Congress empowered only to set rules for Senate and House contests. The President lacks constitutional authority to nationalize or unilaterally control state election processes. Executive actions or rhetoric asserting federal control over state-run elections would conflict with federalism principles and the Tenth Amendment, which reserves powers to the states. Calls to seize ballots or voting machines and proposals to limit mail‑in voting to certain groups reflect willingness to act beyond established legal limits. Nationalizing elections would overturn longstanding norms of state election administration and raise significant constitutional objections.
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