Two recent developments have underscored one of the most pivotal constitutional questions looming ahead of November: Who holds authority over American elections? The Constitution’s answer is clear—the states.
On June 25, a federal judge in Boston blocked President Donald Trump’s administration from enforcing key components of its executive order related to mail-in voting. This ruling prevented implementation of directives requiring federal agencies to compile voter citizenship lists and instructing the U.S. Postal Service to limit which mail-in ballots are delivered.
The decision was not unexpected. The Elections Clause vests primary authority over federal election administration in state legislatures, not the president. A president unilaterally directing the Postal Service to override state-administered ballot systems constitutes an illegitimate exercise of executive power, the court concluded.
Ironically, these efforts to bolster election integrity are now jeopardizing Republicans’ chances to retain their congressional majorities.
President Trump recently canceled the planned signing of a bipartisan housing bill—which passed the Senate 85-5—stating he would only sign it after Congress passed the SAVE America Act.
Republican senators were perplexed. Senator John Cornyn (R-Texas) labeled the move “inexplicable,” while Senator Susan Collins (R-Maine) called it “makes no sense.” Senator Thom Tillis (R-N.C.) was direct: “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.”
Republicans hold 51 votes for the SAVE America Act, but need 60 to overcome a filibuster. Democrats are unanimously opposed, and the bill has already failed on the Senate floor.
The SAVE America Act aims to verify citizenship before voter registration—a goal with surface appeal but ultimately an unconstitutional power grab. Trump has persisted in his stance, repeatedly claiming that “a state is an agent for the federal government in elections,” a position constitutionally inverted. States are not federal agents; they are sovereign entities exercising authority explicitly reserved by the Founders.
Senate Majority Leader John Thune (R-S.D.) acknowledged the economic angle: “The reason people want to vote for Republicans in the midterms is obviously going to be about the economy.” Yet, the party is squandering its pre-midterm resources on a conflict in Iran that is driving inflation and harming average Americans—critics warn it risks global depression to serve foreign interests. Trump attempted to redirect focus to election integrity, but courts continue striking down his executive orders.
Pundits note that without support from his own party and with the courts firmly aligned against the administration, Trump is squandering political capital and may be handing Democrats what they need in November.
