Almost no part of government is immune from President Donald Trump’s thirst for power and control. Last week he signed executive orders aimed at the Smithsonian Institution, the District of Columbia and the administration of elections. No president has sought more change in more institutions more rapidly, through executive orders than Trump.
The order on elections is more than 2,500 words and at times densely written. It may have received less attention than warranted as it was issued amid the controversy over how sensitive military operational details were shared in a Signal chat group that accidentally included Jeffrey Goldberg, the editor in chief of the Atlantic.
The order is illustrative of how the president is attempting to govern, largely through dictates rather than legislation. It is rooted in Trump’s long-standing, though false, claims that the election system is rife with fraud. Its legal foundations are questionable. But like other executive orders the president has signed, it could produce chaos and change before it is fully litigated…
The Constitution grants most power over elections to the states. When Democrats were pushing a multifaceted voting rights bill known as H.R. 1 during the administration of President Joe Biden, conservative opponents decried the measure as a federal takeover. So far, there’s been no notable public outcry on the right over the federal takeover that Trump is seeking.
“This is clearly an attempt to federalize election administration to a historic degree, as was H.R. 1,” said Charles Stewart III, a political science professor at the Massachusetts Institute of Technology. “Certainly liberals and Democrats are going to press the federalism button really hard. And you will get probably some Republican secretaries not pressing it quite as hard, but privately, many of them are going to be pushing back.”…
The executive order is more than a federal takeover of elections. It is a bid for greater presidential power, and the latest example of Trump seeking to wrest power from an independent agency. As Hasen put it, “Most ambitiously, it is an attempt to shift power from the United States Election Assistance Commission (EAC) and from states that generally have the power to administer elections to the presidency.”
The EAC is a small and little-known commission that was established under the Help America Vote Act of 2002. It was created by Congress as an independent, bipartisan commission and designed to be as insulated as possible from purely partisan politics….