upvote
It's a scary thought, albeit not a realistic one at the moment, thankfully. The Supreme Court has shown ample willingness to strike down blatant (and subtle, for that matter) executive overreach. Exhibit A is Trump's tariffs, which were justified by the administration to be legal through the International Emergency Economic Powers Act, which allows the president to “regulate…importation” during a declared state of emergency. The Supreme Court found that the wording in the act allowing the president to “regulate…importation” was not sufficient to grant the president the power to impose tariffs. The wording in the IEEPA is vague enough that you could go either way, but the conservative majority tends to follow the Major Questions Doctrine, which essentially says that in vague matters like this, assume that the power belongs to Congress and not the president.

Meanwhile, delaying or canceling elections through executive order would be blatantly illegal, particularly when no conflict is taking place on U.S. soil. The case likely wouldn't even make it to the Supreme Court, but if it did, I have no doubt elections would be promptly reinstated.

I'm not saying the Supreme Court has a perfect record, of course. Not even two years ago, they essentially ruled that the president is above the law. But at least in matters regarding the balance of powers between branches, the Supreme Court is wary of the power of the executive branch, and that should certainly include the president's ability (or lack thereof) to interfere in elections.

reply