President Donald Trump ramped up attacks against his opponent, Joe Biden, calling Biden the "dumbest of all candidates," and went so far as to declare, "maybe I'll sign an executive order that you cannot have him as your president."
Would that be legal?
Under the Constitution, the president has to be a natural born citizen of the US, a resident for 14 years (relevant in the early years), and 35 years of age or older. Any action to preclude a candidate has to be based on these qualifications. Art. II of the constitution spells out the powers of the executive branch. His primary power is to carry out laws enacted by Congress, therefore executive orders have to be based on some statute, or specific Constitutional authority (e.g. as commander-in-chief). No law allows the president to nullify the fact that Biden is a natural born citizen of the US, a resident for many time 14 years, and 35 years old. Congress has not passed a law declaring that Biden has been previously impeached and removed from office (another way to stop a person from being elected). There being no such authority, an order to that effect would not be legal. In addition, executive orders give orders within the executive branch, and the executive branch isn't in charge of certifying the next president: POTUS cannot give orders to the House of Representatives, or to the Supreme Court.
No. The process of choosing and installing a president is specified by the constitution and statute law. The sitting president plays no part in it. Executive orders cannot modify the constitution nor statute, at least when the executive has no role to play in the execution of the statute, as is the case here.
