Many of us have worried – with very good reason – that Trump will look for any reason to call off or cancel the election if he looks to be in trouble, a sure loser. Now, with the Coronavirus ravaging the country, an official national emergency declared, campaigns shut down in order to avoid large crowds, and seemingly everything else that might attract more people than the average game of checkers closed, the question has a bit more of a burn to it.

Could he?

The New York Times says it actually could be done, but only with enormous difficulty.

The date of the general election is set by federal law and has been fixed since 1845. It would take a change in federal law to move that date. That would mean legislation enacted by Congress, signed by the president and subject to challenge in the courts.

You knew there’d be a point where that blue wave would come in handy, didn’t you? Thankfully, all those women persisted, otherwise Paul Ryan and Mitch McConnell could be conspiring with Donald Trump over the most opportune time to set the election.

But even if one were to get the law passed, that wouldn’t be the end of the story:

And even if all of that happened, there would not be much flexibility in choosing an alternate election date: The Constitution mandates that the new Congress must be sworn in on Jan. 3, and that the new president’s term must begin on Jan. 20. Those dates cannot be changed just by the passage of normal legislation.

So, under the law, no – Trump cannot cancel or postpone an election.

I hear you.

When has the law ever stopped Trump? That is an excellent question and point to consider since all the above is premised upon the constitution and the laws passed under it. No president has ever suspended the constitution outright, though Abraham Lincoln, of course, suspended Habeas Corpus during the civil war.

So, no – Trump cannot lawfully cancel the election. Now whether he can do it unlawfully becomes a question like every other type we face as a self-governing nation. Would there be a public will to stop him? Government legitimacy is given by consent, and for Trump to get away with suspending the constitution would require the consent of the people, first the Congress and SCOTUS, and then ultimately, well – us.

Should he ever try it? I dissent.

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Peace, y’all

Jason

[email protected] and on Twitter @MiciakZoom