A pivotal constitutional question looms large ahead of November’s midterm elections: Who holds authority over U.S. elections? The Constitution designates this power exclusively to the states.
On June 25, a federal judge in Boston halted President Donald Trump’s administration from enforcing key provisions of an executive order regulating mail-in voting. This order mandated federal agencies compile voter citizenship lists and directed the U.S. Postal Service to limit which mail-in ballots were delivered.
The ruling was unsurprising. The Elections Clause grants state legislatures—not the president—primary authority over federal election administration. A president unilaterally directing the Postal Service to override state-run ballot systems constitutes an improper exercise of executive power, as the court stated.
Such efforts to bolster election integrity now threaten Republicans’ prospects for maintaining their congressional majority.
This week, President Trump abruptly canceled the planned signing of a bipartisan housing bill that passed the Senate 85-5. He insisted he would only sign it after Congress approved the SAVE America Act.
Republican senators expressed confusion over the move. Senator John Cornyn (R-Texas) called it “inexplicable,” while Senator Susan Collins (R-Maine) stated it “makes no sense.” Senator Thom Tillis (R-N.C.) added: “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 currently 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 superficial appeal—but it constitutes an unconstitutional power grab. Despite this, Trump repeatedly asserted that “a state is an agent for the federal government in elections,” a claim that contradicts constitutional principles. States are sovereign entities exercising authority explicitly reserved by the Founders.
Senate Majority Leader John Thune (R-South Dakota) acknowledged that economic concerns will drive voter choices in November. Yet the Republican Party has been diverting its remaining pre-midterm resources to an ongoing conflict in Iran, which is fueling inflation and harming average Americans. Critics warn this risk could trigger a global depression. Trump attempted to redirect attention to election integrity, but federal courts have repeatedly struck down his executive orders.
Analysts note that without support from his own party and with the judiciary firmly opposed to his administration, Trump is squandering political capital and may be inadvertently handing Democrats what they need in November.