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yortsed snacilbuper

(7,939 posts)
Wed Mar 18, 2020, 04:53 PM Mar 2020

Can Trump use the national emergency to delay the election?

No. The president does not have that power. Legal scholars are widely in agreement on this point, as are both Republican and Democratic election officials. The nonpartisan Congressional Research Service reached the same conclusion when it investigated the question in the aftermath of 9/11.

Under the U.S. Constitution, Trump and Vice President Mike Pence cannot stay in office past their four-year terms without being reelected. If the election does not happen for any reason, constitutional rules of succession kick in.

That would mean President Nancy Pelosi. Installing the Democratic House speaker in the White House is not an outcome Trump or any partisan Republican seeks.


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Can Trump use the national emergency to delay the election? (Original Post) yortsed snacilbuper Mar 2020 OP
You are right that trump can't stop election jimfields33 Mar 2020 #1
Constitutional law professor on TV recently SCantiGOP Mar 2020 #3
Interesting. Maybe there is hope after all jimfields33 Mar 2020 #6
No. TwilightZone Mar 2020 #2
No, he can't. Turin_C3PO Mar 2020 #4
We held an election during the Civil War. Yo_Mama_Been_Loggin Mar 2020 #5
I'm pretty sure helps looked into it Dream Girl Mar 2020 #7
We need legislation now to move it to an all mail-in election. ElementaryPenguin Mar 2020 #8
THIS is the scenario I fear. Thunderbeast Mar 2020 #9
always fun to see threads about "what Trump can't do" 0rganism Mar 2020 #10
Trump could probably get a few Red-State guvs to postpone. Girard442 Mar 2020 #11

jimfields33

(15,832 posts)
1. You are right that trump can't stop election
Wed Mar 18, 2020, 04:57 PM
Mar 2020

But the house expires before the presidency so it’s Grassley or somebody that’s next. We had that tutorial yesterday.

SCantiGOP

(13,871 posts)
3. Constitutional law professor on TV recently
Wed Mar 18, 2020, 05:06 PM
Mar 2020

Said Congressmen serve until their successors are elected and qualified, meaning sworn in. If replacements aren't elected, the current members stay in office until there is an election.
I know for a fact that this is the case for State and County offices. I once served on a County Planning Commission, and while a controversial matter being worked out the County Council decided not to appoint new members to my seat and 3 others, even though our terms were expiring, so the current group could finish the matter. This was done based on the County Attorney's assurance that the members with expired terms would serve indefinitely until successors were appointed.

This was a supposed constitutional expert on CNN who said the same procedure would apply to Congress.
So if that is accurate, it would mean that Nancy Pelosi would become President at noon on January 20 if an election had not been held.

TwilightZone

(25,472 posts)
2. No.
Wed Mar 18, 2020, 05:05 PM
Mar 2020

Bush pursued the possibility in 2004 and it was confirmed that the Executive doesn't have the authority. Same applies to Trump.

Emergency powers don't apply. Martial law doesn't apply. It's been well-established that only Congress can change the date and states control the election process and are given wide latitude.

https://fas.org/sgp/crs/RL32471.pdf

The other stuff wouldn't come into play because there's going to be an election. It might be 100% mail-in, but there's no reason to stop it entirely.

Thunderbeast

(3,417 posts)
9. THIS is the scenario I fear.
Wed Mar 18, 2020, 05:28 PM
Mar 2020

While Trump can not legally postpone the election, there ARE ways for the Senate to challenge the credentials of the electors. That could effectively throw the election to the House of Representatives where EVERY STATE GETS ONE VOTE!. How that vote is cast depends on each state's legislature. Since a majority of state legislatures, and a majority of states' congressional delegations are Republican, another election could be stolen.

All legal under the Constitution.

No one would have dreamed that McConnell would steal a supreme court seat....but yet...

No one thought such a corrupt politician could survive the proven corruption charges bordering on treason....but yet...

I fear that power will never again be conceded voluntarily.

0rganism

(23,957 posts)
10. always fun to see threads about "what Trump can't do"
Wed Mar 18, 2020, 05:28 PM
Mar 2020

i remember 2016 fondly, i myself posted in a number of threads about how Trump would never be elected president, and was fully looking forward to the boring 8 year snooze-fest of HRC's competent leadership.

Trump grabbed the entire nation by the pussy, and he's not letting go easily. 2/5 of the population back him fanatically, and i'd guess most of them are armed.

so tell me more about the things President Donald Trump can't do.

Girard442

(6,081 posts)
11. Trump could probably get a few Red-State guvs to postpone.
Wed Mar 18, 2020, 06:01 PM
Mar 2020

Then say the Electoral College can’t meet until all electors show up. If someone pipes up, “The Constitution sez...” he tells them to go pound sand. At that point, it all depends on what the military and law enforcement do.

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