Trump teases emergency action on voter ID after Senate fails to pass SAVE America Act

by DBS Wire

President Donald Trump is leaving the door open to possible executive action on voter ID and proof-of-citizenship requirements after Senate Republicans departed Washington without passing his SAVE America Act.

The latest setback came during the Senate’s chaotic pre-recess session, when the election-security measure received support from 52 Republicans but fell short of the 60 votes needed to advance. Despite promises from several GOP senators to keep lawmakers in Washington, the chamber left town with the bill still sitting on the shelf.

That led Real America’s Voice host Wayne Allyn Root to suggest another route Tuesday, declare election security a national emergency and impose photo identification, citizenship verification and restrictions on mail ballots without Congress.

“If they never get the SAVE America Act done, you have the right to declare a national security emergency for elections,” Root told Trump.

Root claimed the Supreme Court’s 1983 decision in INS v. Chadha would prevent Congress from challenging such a declaration unless two-thirds of both chambers voted to overturn it.

Trump did not reject the proposal. “Let me just say that stranger things have happened,” the president replied. “OK, I’ll leave it at that.”

That was enough to send Trump’s critics into immediate DEFCON Democracy mode. But it was not an executive order, a formal legal position or even confirmation that the White House is preparing such a move. It was Trump being Trump—keeping every option, real or imagined, dangling over the conversation.

The White House’s official SAVE America Act campaign calls for documentary proof of citizenship during voter registration, government-issued photo identification when casting a ballot and removal of noncitizens from voter rolls. The legislation passed the House 218-213 in February, with Texas Rep. Henry Cuellar the only Democrat voting in favor.

“Requirement for Voter I.D. to vote should be something that NO American should oppose,” the White House argues. “If you want to register to vote in the United States, you have to be a citizen.”

Democrats and voting-rights organizations contend that requiring passports, birth certificates or naturalization records could block lawful voters who cannot readily obtain those documents. Republicans counter that proving identity and citizenship is a basic safeguard used for countless less consequential activities.

But Root’s Supreme Court theory has a rather large constitutional pothole in it.

INS v. Chadha did not grant presidents unlimited emergency authority. The Court struck down a one-house “legislative veto” because Congress cannot take legislative action without passage by both chambers and presentment to the president. The decision concerned separation of powers in an immigration case—not presidential authority to rewrite state election procedures by proclamation. The Supreme Court decision says nothing about granting a president power to impose nationwide voter-ID or mail-ballot restrictions.

The Constitution also gives state legislatures primary responsibility for setting the “Times, Places and Manner” of congressional elections, while allowing Congress—not the president acting alone—to alter those regulations.

Any emergency order attempting to overhaul voting rules weeks before an election would therefore face immediate lawsuits and an uncertain trip through the federal courts.

DBS WIRE SOURCES