Quote (Thor123422 @ Jan 15 2024 01:01pm)
I've seen a few people say that the president has a job to ensure that elections are carried out legitimately.
This is false. The administration of elections are explicitly delegated to the states in the constitution. The federal government explicitly has no place in securing the elections of the states unless the states agree to it or it is enshrined explicitly in federal law for a specific constitutional goal, such as ensuring racial discrimination isn't happening.
The president does not have some blanket mandate to ensure voter fraud doesn't happen. We have delegated powers for a reason, and the balance of security is something that is left to the states.
So none of Trump's actions interferring with the states elections (find me votes, there was fraud) can be interpreted as the president carrying out his constitutional duty.
Obama actually tried giving states funding for better election security while he was president. It was rejected. The president, and even the federal government, cannot foist election security on the states.
The president is given the constitutional responsibility to take care laws be faithfully executed and to commission all officers of the united states. This is the nexus from which the federal law enforcement power flows, and the unitary executive is given exclusive power over the execution of law at the federal level. And as courts have repeatedly carved out, federal law
does cover state elections, even if the administration and methods of those elections are largely left up to the states. If states had exclusive jurisdiction over their own elections like you suppose, then the voting rights act of 1965 would be unconstitutional. As would the national voter registration act, the americans with disabilities act, the uniformed and overseas citizens absentee voting act, the voting accessibility for the elderly and handicapped act and the help american vote act (thanks for butterfly ballots, florida). Those are all federal laws, upheld as constitutional by the courts, which are the responsibility of the executive branch to yah know, execute. It is the president of the united state's constitutional responsibility to take care that racial discrimination isn't happening, that minimum election administration standards are upheld per the HAVA, that the elderly and disabled and military overseas can all vote fairly.
What you're arguing is basically a bastardized version of what the libertarian kooks have been pushing for decades, trying to say the feds usurped jurisdiction over states to interfere in their elections. Sorry but no, Democrats won't get their poll taxes and grandfather clauses back any time soon.
The president and the federal government have a responsibility to foist election security on the states, and its particularly explicit in the 2002 HAVA which sets out minimum, well-specified standards with enforcement mechanisms and auditing.
Who do you think enforces bilingual election programs forced upon Texas when they fail to accommodate limited-english voters? Who do you think enforces electronic voting standards forced upon New York when they failed to comply with their statewide registration database? Or when Maine violated the requirements for disabled voter access at the polls? I'll give you a hint, its all delegated through officers who serve at the pleasure of one man.
This post was edited by Goomshill on Jan 15 2024 04:12pm