3.1.4 – The debates around the extent to which the USA remains federal today
3.3.2 – Limitations on presidential power and why this varies between presidents
Donald Trump has reignited debate over election integrity by calling on Republicans to “nationalise” elections in states he claims are corrupt. The phrase is intentionally blunt, implying a federal takeover of how elections are run. Yet while the rhetoric is striking, it sits uneasily with the realities of the US constitutional system.
In practice, elections in the United States are run by the states, not the federal government. The Constitution gives state legislatures responsibility for organising elections, including voter registration, polling arrangements and vote counting. Congress does have limited powers to regulate federal elections, such as enforcing voting rights protections, but these powers do not belong to the president acting alone. There is no constitutional authority that allows a president to step in and take control of state election systems.
This makes Trump’s proposal legally hollow. Any genuine attempt to nationalise elections would require legislation passed by Congress and would almost certainly face immediate legal challenges. Presidential power, even at its strongest, does not extend to overriding state control in this area.
The 10th Amendment is crucial here. It reserves powers not explicitly granted to the federal government to the states or the people. Election administration falls squarely within those reserved powers. This reflects the wider principle of federalism, designed to prevent power being concentrated in Washington. The Supreme Court has repeatedly reinforced this idea, ruling that the federal government cannot compel states to carry out federal instructions beyond its constitutional remit.
Trump’s language therefore highlights a recurring tension in US politics between central authority and state autonomy. While it may appeal to voters who distrust state officials, it clashes with the constitutional limits placed on the presidency. Ultimately, the episode underlines a key feature of the American system: the president is powerful, but not all-powerful. When it comes to elections, the Constitution leaves control firmly in state hands.