this post was submitted on 14 Nov 2024
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[–] valaramech@fedia.io 41 points 1 week ago (9 children)

The 22nd amendment to the US Constitution bars Trump as a viable candidate for the Office of the President. It would require an additional amendment to be possible and there's no way that 3/4ths of all US states will agree to that shit.

The only potential loophole that I can discern is that there's no clear consensus on if Trump would be allowed to run as Vice-President on someone else's ticket. If he can, then, theoretically, he could run for VP and then have the elected President immediately resign, making him the President again.

[–] beliquititious@lemmy.blahaj.zone 41 points 1 week ago (1 children)

...there's no way that 3/4ths of all US states will agree to that shit.

We've had an extraordinary number of "there's no way that..." moments in the past decade most of which have been connected to Trump, why tempt fate like that? The 2024 election map has more than the 38 red states needed to ratify a constitutional amendment.

[–] histic@lemmy.dbzer0.com 4 points 1 week ago (1 children)

Where are you getting your numbers from lol

A stretched the real numbers (33 states for Trump) for the sake of my joke.

Realistically, Maga passing a constitutional amendment repealing the 22nd (I think) that limits terms for Presidents is possible, but incredibly unlikely. It's a lengthy process on purpose full of all sorts of ways to slow it down even further or derail it entirely. He has the political will and the power right now and for the next 2 years, but I'd bet if he's able to pull off even some of his more spectacular plans, enough people would finally get it and he'd lose at least part of Congress, if not all of it.

[–] evidences@lemmy.world 35 points 1 week ago (3 children)

So right at the end of the 12th amendment there's this line.

But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.

So as of his presidential win this election he's ineligible to be vice president.

[–] lastunusedusername2@sh.itjust.works 14 points 1 week ago (1 children)

The Supreme Court will just "interpret" that away.

[–] evidences@lemmy.world 11 points 1 week ago

With as much as this Supreme Court is riding Trump's dick I wouldn't put it past them to rule in his favor if this made it to them.

[–] ApexHunter@lemmy.ml 9 points 1 week ago

The 22a says he can't be elected. But that doesn't make him ineligible to serve. The wording presents a loophole that our highly partisan Supreme Court could drive a truck through.

[–] TokenBoomer@lemmy.world 2 points 1 week ago (2 children)

Could he then be nominated Speaker of the House, and then have the President and Vice-President resign?

[–] evidences@lemmy.world 2 points 1 week ago

I'm pretty sure no.

There's a whole bunch of stuff in different parts of the constitution and us code that mention intelligibility in the line of succession. There might be a loop hole around this though I am no constitutional law expert

Not without Supreme Court fuckery. As it stands, he'd be eligible to serve as Speaker, but he'd be skipped in the line of succession if it were applicable.

Of course, trusting the Supreme Court to actually follow the rules seems naive at best these days.

[–] superkret@feddit.org 30 points 1 week ago* (last edited 1 week ago)

Or he's gonna wipe his ass with the Constitution in an X live stream and declare Jan 6 "National Patriots Day" while Fox commentators claim he's joking.

[–] octopus_ink@lemmy.ml 19 points 1 week ago

The 22nd amendment to the US Constitution bars Trump as a viable candidate for the Office of the President. It would require an additional amendment to be possible and there’s no way that 3/4ths of all US states will agree to that shit.

I no longer believe the process and laws of our government will apply to this administration. We'll see.

[–] tate@lemmy.sdf.org 9 points 1 week ago

If they do it, it will be by suspending the constitution entirely. Don't need any states for that.

The 14th amendment didn't stop him from running again, I fail to see what the 22nd amendment would do.

[–] Blaster_M@lemmy.world 6 points 1 week ago

The Putin Ploy

[–] catloaf@lemm.ee 3 points 1 week ago

He absolutely could do that. The amendment specifically says elected to the office of the President, it does not prohibit attaining the office by any other means.

[–] Paddzr@lemmy.world 2 points 1 week ago

Would Trump even hold a candle to motherfucking Obama? 3rd candancy isn't just for Trump...