The Major Questions Doctrine Constrains Presidential Power Over Elections
The major questions doctrine is being invoked to challenge President Trump's executive order asserting federal control over election processes, particularly mail-in voting. Critics argue that such a significant policy shift requires explicit congressional authorization, not executive action. The doctrine emphasizes that major policy decisions, especially those affecting elections, should be made by Congress, not delegated to agencies or the executive branch.
- ▪President Trump issued Executive Order 14399 directing the USPS to manage mail-in voter eligibility lists and block votes not on those lists.
- ▪The Society for the Rule of Law filed an amicus brief arguing that the major questions doctrine applies to federal agency actions on election issues.
- ▪The major questions doctrine requires clear congressional authorization for agencies to regulate major policy issues, especially those impacting federal elections.
- ▪Federal elections determine who holds legislative and executive power, making them central to constitutional structure and separation of powers.
- ▪Decentralized election control across states enhances election integrity and reduces the risk of widespread electoral manipulation.
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Major Questions Doctrine The Major Questions Doctrine Constrains Presidential Power Over Elections It limits executive power grabs in this field, as well as others. Ilya Somin | 5.1.2026 4:57 PM <img fetchpriority="high" decoding="async" class="alignnone size-medium wp-image-8084465" src="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2020/09/Votingbooth-300x167.jpg" alt="" width="300" height="167" data-credit="NA" srcset="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2020/09/Votingbooth-300x167.jpg 300w, https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2020/09/Votingbooth-1024x570.jpg 1024w, https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2020/09/Votingbooth-768x427.jpg 768w, https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2020/09/Votingbooth.jpg 1175w"…
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