Explain Like I'm Five

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ELI5: If Trump claims he won in 2020, wouldn't the 22nd amendment make him ineligible to be president for this upcoming term? (self.explainlikeimfive)

submitted 1 week ago* (last edited 1 week ago) by Chr0nos1 to c/explainlikeimfive

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The 22nd amendment states "No person shall be elected to the office of the President more than twice, and no person who has held the office of President, or acted as President, for more than two years of a term to which some other person was elected President shall be elected to the office of the President more than once."

Quantifying that, if he won in 2020, that would mean that he's been elected more than twice, making this upcoming term invalid. Couldn't the Democrats just say that he won in 2020, and then tell him he can't be president this time? What would be the repercussions to what Biden has done if that were to happen? What else am I missing? I'm hoping the hive mind here can help me be better informed.

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[–] doughless 2 points 1 week ago

Yes, but some constitutional literalists tend to be quite ... literal.

"The authors of the 22nd amendment clearly knew the difference between holding office and being elected to office, because the text of the amendment distinguishes between the two, yet still chose to explicitly only bar from election."