this post was submitted on 14 Nov 2024
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[–] [email protected] 41 points 2 weeks ago (17 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.

[–] evidences 35 points 2 weeks 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.

[–] [email protected] 14 points 2 weeks ago (1 children)

The Supreme Court will just "interpret" that away.

[–] evidences 11 points 2 weeks 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.

[–] [email protected] 9 points 2 weeks 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 2 points 2 weeks ago (2 children)

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

[–] evidences 2 points 2 weeks 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

[–] [email protected] 1 points 2 weeks ago

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.

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