An opinion piece published Monday at The Gateway Pundit by attorney Peter Tiktin and Jerome R. Corsi, Ph.D., argues that President Donald Trump should invoke the National Emergencies Act of 1976 to impose federal election integrity measures ahead of the 2026 midterms, bypassing both Congress and the federal judiciary.
The authors frame the upcoming midterms as an existential contest. They contend that if Democrats win control of the House and Senate, Trump and Vice President J.D. Vance could be impeached and removed, and that a Democratic Speaker — presumably Hakeem Jeffries — would then ascend to the presidency. The guest post characterizes the Democratic Party as increasingly dominated by “openly radical left politicians” and asserts that the 2020 presidential election was fixed, a claim the authors treat as settled fact without offering new evidence.
Blocked Measures and a Supreme Court Setback
According to the piece, every effort Trump has made to tighten election procedures has been stymied. The authors write that judges have issued injunctions blocking an executive order that would have directed the U.S. Postal Service to enforce strict rules on delivering mail-in ballots only to qualified voters. They also assert that Senate Majority Leader John Thune declined to push the SAVE Act to passage, and that 30 states have refused to hand over voter rolls to the Department of Justice for examination. Most recently, the piece states, the Supreme Court denied the administration’s request to implement the postal ballot executive order — a development the authors present as the latest in a series of defeats.
The authors cite these setbacks as justification for a national emergency declaration. They point to Trump’s July 16, 2026, address to the nation, in which he said Communist China had “carried out what is believed to be the largest compromise of election data in history—resulting in China’s illicit acquisition of 220 million U.S. voter files.” The authors describe that speech as having “set the stage” for invoking emergency powers.
The Border Wall Precedent
Much of the piece is devoted to the legal mechanics of the National Emergencies Act. The authors recall that Trump first declared a national emergency at the southern border on February 15, 2019, invoking sections 201 and 301 of the NEA along with section 12302 of title 10 of the U.S. Code, which allows the activation of military reserve units under the direction of the Secretary of Defense.
They quote the text of that declaration, which stated that the emergency required the use of the Armed Forces and invoked the construction authority under section 2808 of title 10, enabling the Secretary of Defense to redirect military construction funds toward a border wall.
The piece notes that the left-leaning Brennan Center for Justice argued the declaration was unconstitutional, contending that Article I of the Constitution grants Congress alone the power of the purse. According to the authors’ citation of the Brennan Center, Congress had repeatedly refused to fund the wall, yet Trump announced he would divert roughly $6.5 billion from other programs, including drug interdiction funds and asset forfeiture accounts.
Federal lawsuits challenging the 2018 border emergency declaration all failed, the authors write, and Trump twice extended the declaration — on February 13, 2020, and again on January 15, 2021. President Joe Biden terminated the border emergency in February 2021, halting the redirection of federal funds to wall construction.
The Two-Thirds Threshold in Congress
The piece leans on a Congressional analysis of the president’s emergency powers under the NEA. Citing the Supreme Court’s 1983 decision in Immigration and Naturalization Service v. Chadha, the authors write that only a two-thirds vote of both the House and Senate can rescind a presidential national security declaration issued under the 1976 law.
According to the analysis they quote, emergency declarations were originally designed to terminate automatically after one year unless renewed, and could be ended earlier by the president or Congress through a concurrent resolution. That mechanism — a “legislative veto” — was effectively invalidated by the Supreme Court in 1983, and the NEA was amended in 1985 to substitute a joint resolution as the vehicle for rescinding a declaration. The authors present this as the blueprint Trump could follow: a declaration that would be difficult for a narrowly divided Congress to overturn.
“Now, the time has come for President Trump to use his national security emergency powers under the National Emergencies Act to protect election integrity,” the guest post states, arguing that such a move would “block foreign involvement and the increasingly radical Democrats from stealing the 2026 midterm elections.”
The authors also point to remarks by Wayne Allyn Root at the Storm Summit in Las Vegas on September 12, 2026, where Root reportedly repeated his own call for a national security emergency declaration to protect the midterms, and advocated severely limiting mail-in balloting to traditional absentee ballots.
The Gateway Pundit piece closes by asserting that with unrestrained mail-in voting and electronic voting machines “in full use,” nothing currently stands in the way of what it describes as an inevitable election theft unless Trump acts. It warns that unlike 2020, there would be “no coming back” from a second such outcome.
The piece is a guest contribution and reflects the views of its authors, attorney Peter Tiktin and Jerome R. Corsi, described in the post as a Ph.D. The Gateway Pundit regularly publishes opinion and commentary alongside news reporting.
Source: www.thegatewaypundit.com — https://www.thegatewaypundit.com/2026/09/heres-how-president-trump-bypasses-congress-courts-prevent/