I keep seeing this statement in the comments to many of the diaries I read: someone believes that person — or one of the people around him — will cancel the midterm elections. Sorry, but that will not happen; saying that it might is simply scare talk. I can understand the fear: that person turns everything he touches to shit, & will destroy everything to escape responsibility for it. However, I’m getting tired of this claim. Enough to write this diary to attempt to put a stop to this.
I am not a constitutional lawyer, but I was taught civics in High School, & have read the Constitution more than once. So I believe I’m on solid ground by stating that we will have an election this November — even if there is a war or economic disaster.
First, nowhere in the Constitution does it give anyone in the Federal government — executive, legislative or judicial branches — to suspend elections. Based on my reading of Article 1, any such power would be vested in the 50 different states, limited by the explicit language of the Constitution (e.g., the Fourteenth Amendment giving the franchise to all men over 21).
Second, the United States has regularly held elections even during time of war: they were held during World War II when our country was fighting against several powerful & highly militarized nations on several fronts, & they were held during the Civil War when the existence of our country was in doubt. The only counter-example is that Giuliani delayed the New York City elections due to 9/11. However, considering that the New York primary was scheduled that exact day, & that the inhabitants of that city were apparently so distracted by the terrorist assault that voting was not a priority, & lastly that the primary was not suspended but only delayed about two months, the action was reasonable. And it needs to be pointed out that the laws permitting Giuliani to do this are specific to New York, if not only the city, & may not be similar or even exist anywhere else.
Third, even if someone in the Federal government tried to cancel elections nation-wide, it would be fought in court by each of the 50 states. I’m pretty sure of that even Republican state politicians would be against that. Even those Republicans most devoted to that person aren’t against elections: they’re just against people like us voting in them.
And lastly, how would such an order be enforced? Can you imagine the US military & every Federal law enforcement officer would be enough to close down any & all elections? Even if all of them were willing to obey such an offensive & illegal order? Maybe were he not such an incompetent & corrupt person who could not organize & run a drunken party in a brewery, even if he invited practicing alcoholics & it was paid for.
Again, IANAL, but only way there won’t be an election this November that I can figure out is if two-thirds of each house & three-quarters of the states amend the Constitution to permit such an action. Until then, no one person has the authority to suspend elections this November.
Were he to give such an order, it would be clear grounds for a 25th Amendment action.
So let’s knock off the talk of that person suspending elections. Yes, there are a number of similarities between him & Adolf Hitler, but this is not one of them.