President Trump has no power to postpone an election, and even Congress can’t extend his term beyond January 20
Unless he’s reelected, Trump is outta there on January 20. Photo: Mark Wilson/Getty Images Alarums are going up in Washington and around the country in response to this suggestion from President Trump’s Twitter account:
But since Trump has injected this issue into national political discourse while vindicating Joe Biden’s earlier prediction that the incumbent might Go There, it’s worth a look at the constitutional framework that inhibits presidential tampering with the date of his own reelection. The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing [choosing] Senators.
There are limits, however, to what even Congress can do to monkey around with presidential elections. The big one is that the same section of the Constitution empowering Congress to regulate elections puts a hard stop on each presidential term of office at January 20 four years after said president’s inauguration. So Trump and Pence are out of there next January, unless an election has been held that extends their tenure.
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