Trump’s Unconventional Claim: States as Federal Government’s ‘Agents’, Challenging Decades of Conservative Orthodoxy on States’ Rights

In a surprising turn of events, President Donald Trump announced plans to sign an executive order aimed at eliminating mail-in ballots and voting machines. However, the feasibility of such an order is questionable due to legal challenges that would likely ensue, as it seems he lacks the necessary authority for such actions.

The president’s declaration provided a revealing insight into his perspective on states’ rights. His statements suggest a disregard for the traditional principles of federalism, which has been evident throughout his second term as he has consistently attempted to undermine state autonomy, particularly in areas where it conflicts with his preferences.

During his sales pitch against mail-in voting and voting machines, Trump made the following striking assertion: “The States are merely ‘agents’ for the Federal Government in counting and tabulating the votes. They must do what the Federal Government, as represented by the President of the United States, instructs them to do, for the benefit of our country.”

This perspective on states’ roles is notably distinct from traditional Constitutional interpretations. The Constitution clearly delineates that the manner, time, and place of elections are prescribed by state legislatures, with Congress having the authority to regulate or alter these regulations. However, there is no role for the President in this process.

Trump’s statement does not suggest he aims to outlaw mail-in voting or voting machines through Congress but rather expects states to comply with his wishes without congressional intervention, seemingly due to his status as president and his determination that such actions are “for the good of our country.”

This latest claim to power is part of a series of extraordinary assertions by Trump, who has repeatedly maintained throughout his tenure that the Constitution grants him absolute authority. Even after leaving office, he has advocated for terminating parts of the Constitution and persisted in false claims about the 2020 election being rigged. Earlier this year, he posted a quote attributed to Napoleon Bonaparte suggesting his actions could not be considered illegal as long as they were aimed at saving the country.

Trump’s explicit statement that states are merely “agents” of the federal government is particularly striking, given its stark contrast with decades of conservative ideology. This ideology advocates for a smaller federal government and the primacy of state leadership.

Upon his election in 2016, the Republican Party’s platform highlighted its commitment to states’ rights, arguing that the federal government should have no powers beyond those explicitly outlined in the Constitution. The platform also criticized what it perceived as bullying tactics employed by the federal government against state and local governments on issues such as voter identification laws, immigration, healthcare programs, among others.

Since his election, Trump has taken several executive actions aimed at curtailing states’ authority in these areas:

However, these aren’t the only instances where he has sought to impose federal control over state matters.

One of the most notable areas where Trump has attempted to assert himself is in the American elections system. He has advocated for stricter citizenship requirements, discussed eliminating mail-in voting and voting machines, and his administration and allies have taken steps to exert pressure on the elections system, often aligning with his unsubstantiated claims of widespread voter fraud.

These actions have sparked concerns among Democrats and watchdogs about a coordinated effort to restructure the elections system in a manner advantageous to Trump and his party. The extent to which his new executive order will contribute to these efforts remains uncertain, given its questionable legality.

Nevertheless, this issue appears to be of significant importance to Trump due to his longstanding concerns about voter fraud. It is unlikely that he will step back from this issue despite the Constitution’s stipulations regarding his powers (or lack thereof).

In conclusion, President Donald Trump’s recent statements and actions concerning mail-in ballots, voting machines, and states’ rights underscore a disregard for traditional principles of federalism and a persistent drive to assert his authority beyond constitutional limits.