Irrational Fear of the Week: Trump Signs Executive Order Banning Mail-In Ballots. (Can He Do This?)

[Little_Nemo]

@HMS_Irruncible

All of this is irrelevant. Executive orders can only direct the executive branch how to enforce law. Executive orders cannot make absentee voting illegal. Executive orders cannot make anything illegal or illegal, full stop. You will never see an executive order with verbiage to the effect of what shall be lawful or unlawful.

Now… can the executive branch abuse their broad powers and issue illegal orders? Of course. Can they get away with it? Often they can. But it’s important that we never get confused about who decides what is legal and what isn’t. It’s not the executive branch.

@HMS_Irruncible

Strawman arguments merit no rebuttal.

I’ll restate my position one final time. Trump can state whatever he likes in an executive order and attempt to enforce it. If he predicates it on a flimsy legal theory that a currently lawful practice (such as absentee voting) is now illegal, that theory is so obviously unconstitutional that it will be rapidly challenged and defeated in court. As an example, look at what happened with his travel bans. Those were considerably more complicated and still got shot down rapidly.

If you want to argue that thesis, or bring your own thesis, fine, but I’m done with your evading debate by emitting a cloud of insincere questions.

@friedo

You didn’t answer my question. Executive orders must be issued pursuant to authority vested in the President by legislation or the Constitution.

So when the President issues such a hypothetical order, what legislation or Constitutional provision will he cite that gives him the power to direct the operations of the USPS?

He’ll say “I’m issuing this executive order to prevent voter fraud through the misuse of mail-in ballots in order to ensure a fair election. It is part of my duty as President to uphold the Constitution and protect our democratic system.”

Will he be lying? Yes. Will what he’s doing be illegal? Yes.

So the question is who can stop him?

As I’ve said, I feel there are two bodies that can realistically stop a President when he decides to act illegally; Congress and the Supreme Court. Neither one of them is compelled to stop a President. They have the authority to intervene if they want to.

I believe this Congress and this Supreme Court will not act against this President when he’s doing something that benefits the Republican party. Even if it’s illegal. They’ll simply stand by and allow it to happen.

So which part of it do you find hard to believe? The part where Trump would break the law? Or the part where other Republicans would look the other way when he breaks the law?