President Trump will speak to the nation tonight, and his topic will be election security. It is widely hypothesized he will disclose large amounts of election insecurity that has been documented, and on that basis declare an emergency requiring executive branch action under the “Guarantee” clause of the Constitution (U.S. Const. art. IV, § 4).
If you’d like a conservative law prof’s view of that clause, Instapundit Glenn Reynolds has a Substack column about what may go down. Here are two key quotes:
Supreme Court precedent (starting with Luther v. Borden, 48 U.S. (7 How.) 1 (1849)) has generally treated Guarantee Clause claims as nonjusticiable political questions committed to the political branches (Congress and the President), not the courts.
Trump’s timing is probably calculated to allow the usual frivolous lower court injunctions that seem to be aimed at anything he does to be overturned before the midterms; he might also simply ignore such injunctions, as an obvious judicial overstep in an area that courts have stayed out of since Luther v. Borden (emphasis in original).
As usual, Democrats will go bonkers, predict world ending. Also as usual, they’ll be wrong.
