Experts Available: Cato Legal Scholars React to Executive Order to Nationalize Elections

Yesterday, the Washington Post reported that some supporters of President Donald Trump have drafted a proposed executive order that claims China interfered in the 2020 election to declare a national emergency. This would give President Trump extraordinary presidential power over elections.

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Following this report, Cato Institute legal scholars released a series of blogs and statements to provide context and analysis for your reporting and are available for interviews.

Thomas Berry, the director of the Cato Institute’s Robert A. Levy Center for Constitutional Studies, released the following statement:

The Framers of the Constitution understood the power (and the danger) that came with the control of election procedures. That is why the Framers chose Congress, which represented the diverse national constituency, as the ultimate backstop against the potential for biased election administration. If the president could unilaterally change federal election law without Congress, it would destroy this design. That is why any legal claim of inherent presidential authority to regulate elections during a supposed ‘national security emergency’ must be vigorously opposed.

You can read Thomas’ full blog here.

Stephen Richer, a legal fellow with Cato’s Robert A. Levy Center for Constitutional Studies, released the following statement:

Just as there was no emergency justifying the unilateral imposition of worldwide tariffs, there is no election emergency that permits the President to ignore Article 1, Section IV of the Constitution, which assigns election lawmaking authority to the states and Congress. The 2024 election was lawful, accurate, secure, and accessible. There is no reason to think the same will not be true this coming November.

You can read Stephen’s full blog post here.

Walter Olson, a senior fellow in the Cato Institute’s Robert A. Levy Center for Constitutional Studies, released the following statement:

If President Trump tries to take control of the midterm elections by executive order, he’ll be violating the Constitution and trampling the proper powers of Congress and the states, as well as the rights of voters. The time to draw a line is now.

You can read Walter’s full blog post here.

Brent Skorup, a legal fellow in the Cato Institute’s Robert A. Levy Center for Constitutional Studies, released the following statement:

Elections are always high-stakes, and public trust in election processes is important. But invoking vague emergency statutes to exert more control over elections would raise the stakes—and reduce public trust in elections.

You can read Brent’s full blog post here.

To speak with Cato Institute legal scholars on President Trump’s threats to nationalize elections, contact Christopher Tarvardian.