General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsCan 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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jimfields33
(15,832 posts)But the house expires before the presidency so its Grassley or somebody thats next. We had that tutorial yesterday.
SCantiGOP
(13,871 posts)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.
jimfields33
(15,832 posts)TwilightZone
(25,472 posts)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.
Turin_C3PO
(14,007 posts)People should stop spreading that bullshit.
Yo_Mama_Been_Loggin
(108,036 posts)We damned well better to be able to now.
Dream Girl
(5,111 posts)ElementaryPenguin
(7,800 posts)Thunderbeast
(3,417 posts)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)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)Then say the Electoral College cant 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.