On October 27, 2025, a federal judge in Washington, D.C., blocked Executive Order 14248, which required proof of citizenship for voter registration on federal forms. The executive order goal was straightforward: ensure that only citizens vote, as mandated by federal law. Judge Colleen Kollar-Kotelly, appointed by President Bill Clinton, ruled that the President “lacks authority” to alter election procedures under the Elections Clause.
That ruling conflates
two very different constitutional areas. The Elections Clause that she relies
on governs how elections are conducted—such as polling hours and ballots—not
who is eligible to vote. Citizenship is a legal qualification, and the
President’s duty under the Take Care Clause is to enforce those laws
faithfully. Cases like Arizona v. Inter Tribal Council (2013) confirm that
federal authorities can require proof of eligibility. Under the Youngstown
framework, a 1952 Supreme Court test that defines the limits of presidential
power, this order clearly falls within the category in which the President acts
with congressional approval. The National Voter Registration Act allows the
Election Assistance Commission to require information “necessary” to determine
eligibility. This isn’t executive overreach; it’s the proper execution of the law.