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New GOP bill would let Trump (but not Obama) run for a third term [another source]

https://www.msnbc.com/rachel-maddow-show/maddowblog/new-gop-bill-let-trump-not-obama-run-third-term-rcna189099

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[–] HappySkullsplitter 73 points 3 days ago* (last edited 3 days ago) (10 children)

Can't happen

Congress: A two-thirds majority vote in both the House of Representatives and the Senate is required 

Constitutional convention: Two-thirds of state legislatures must call for a convention 

Ratification

Three-fourths of state legislatures or conventions must ratify the amendment 

Each state legislature must vote on the amendment in an up-or-down vote 

State legislatures cannot change the language of the amendment 

This bill is DOA, it's just (more) political theater

If anything it's an admission of the realization that Trump won't be able to accomplish much of anything in just 4 years at the pace government functions

[–] [email protected] 8 points 2 days ago

You're a lot more optimistic than I am that they'll actually follow the rules, even in how to change the rules...

[–] Dkarma 2 points 1 day ago

Now do abortion...oh wait

THEY SAID THEY EXACT SAME THING THEN

[–] [email protected] 58 points 3 days ago (2 children)

Hitler didn't become dictator by playing by the rules. Why do you think Trump will?

Hitler burned down the German Congress. Trump will do something similar if he can.

Basically our only hope is if the CIA, FBI, secret service, and us armed forces refuse his orders. Step 1 will be putting his cronies in positions of power and firing anyone who stands up to him.

Our only hope is that they refuse the firing and take over their respective office, that employees are loyal to them and not Trump. Specifically this is most important in the us armed forces among the generals. But then our best case scenario is a civil war.

Civil war or dictatorship is on the horizon and there is no stopping it.

[–] [email protected] 15 points 3 days ago (1 children)

He already replaced the leader of the Coast Guard. That's how you start. It's already happening people. Recognize.

[–] [email protected] 9 points 3 days ago* (last edited 3 days ago)

Now that Hegseth is in, the Joint Chiefs will be key. You can assume that anybody with a high enough rank to be a Joint Chief will have tended to vote Republican, but the current bunch would be dead set against using the military to fire on American civilians on American soil. They'll be kicked out, but the Senate needs to confirm the new batch. That's the fight that needs to have the monkey wrench thrown in.

[–] jj4211 1 points 2 days ago

That's kind of a separate thought. The topic here is the specific amendment, which will not happen. If he somehow establishes himself in that manner, it won't have anything to do with this amendment that will fail.

[–] [email protected] 48 points 3 days ago* (last edited 3 days ago) (2 children)

Can’t happen

Know your history. Pieces of paper don’t mean shit when the right political circumstances arise / are manufactured.

-edit: case in point, recent article by The Atlantic

[–] FlyingSquid 34 points 3 days ago

People still think they care about the law and it mystifies me.

You don't need to follow the law when you are the law.

[–] [email protected] 4 points 2 days ago

And it has happened in the US. Consider the case of the Bonus Army. Herbert Hoover sicced Douglas MagArthur on US citizens protesting in Washington DC for fair treatment of veterans.

[–] [email protected] 47 points 3 days ago* (last edited 3 days ago) (3 children)

You're assuming the constitution will still mean something by the time his ~~first~~second term ends. That's exactly why they're pushing all sorts of unconstitutional shit. The executive branch is the one that has the power to enforce or not enforce laws, and the only recourse the legislative branch has is impeachment, which we've seen twice isn't going to happen. Especially when the supreme court is beholden to him too.

[–] Lost_My_Mind 14 points 3 days ago (2 children)

You’re assuming the constitution will still mean something by the time his first term ends.

2021?

[–] [email protected] 13 points 3 days ago

I mean, was he wrong? Insurrection, separation of powers, no one being above the law, Roe. v. Wade, etc. I would say that since 2021 the constitution has not really meant that much apparently.

[–] [email protected] 14 points 3 days ago (1 children)

Ugh, I meant second. Guess I blocked out those 4 years.

[–] Lost_My_Mind 6 points 3 days ago

That usually happens with traumatic experiences.

Which is what explains how I'm 41 years old, and don't remember one second of my life.

.....either that, or I have dementia....

[–] [email protected] 8 points 3 days ago

If they get to the point of being able to just ignore something like that, they have no reason to amend the constitution anyway because they can just toss it out

[–] jj4211 1 points 2 days ago

Even if it doesn't mean anything, it won't get amended. This discussion is about passing an amendment, not directly about whether Trump keeps hold of power anyway.

Incidentally, assuming the larger institutions are intact (which is not a given), on the next inauguration day he is no longer head of the executive branch. He doesn't need to be impeached, he's out of office. So new president has authority to act regardless. So if he stays in, it is because he successfully dismantled everything, not because he can continue to wield authority as the executive branch after the conclusion of his term until an impeachment finally throws him out.

[–] RegalPotoo 37 points 3 days ago (2 children)

Oh totally, if you are playing by the rules then this can't happen.

What happens if the GOP appoints him as their candidate in 4 years time? Presumably someone asks the supreme court to weigh in, but given it's current make up, what happens if they say "yeah sure, because democrats are The Enemy" or something?

It's just people, breaking the rules is always an option. Rules and laws only work if they are enforceable - and at the end of the day, who would be enforcing that he can't run? The military? State militias?

[–] HappySkullsplitter 20 points 3 days ago (1 children)

I fully expect them to come up with some kind of insane rationale to try to get around the 22nd amendment and it will come down to a stacked deck supreme court to rule on its constitutionality

It will be fun to watch the Supreme Court justices try their best to distort reality on an amendment specifically designed to handle instances such as this.

It's going to be a brain melter for sure

I think I might just sell everything I own, quit my job and move somewhere low cost and tropical after November 7, 2028

I wish I had already done it. I just honestly didn't think America would elect a convicted felon. Even just misspelling the word "potato" used to be a deal breaker

[–] jj4211 0 points 2 days ago (1 children)

Well here's the workaround for the 22nd.

It says no such president can be elected more than twice. So if Trump is the running mate of a stand in President, that president can step down and Trump take over. He could technically have that third term.

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

He'd be ineligible to be vice president as well

Not that this would stop them, of course

Seeing as he's literally already ineligible to be president this time since he incited an insurrection, and his entire second administration and everything it does is by extension illegal and unconstitutional

[–] jj4211 2 points 2 days ago (1 children)

I was curious where precisely it would state that a person disqualified by the 22nd amendment can't be VP either. I mean it's common sense, but I haven't seen it. Of course if they had their heartset on it, one wonders if the could just name him speaker of the house and then have both step down.

The technicality on the insurrection is that he was never found responsible by any federal court.

The question is whether they keep trying to "technically" around the Constitution versus dropping all pretense. It seems that, so far, they still value the optics of compliance. But we are so so early in the term...

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

I'm not seeing it on a quick look either, I thought it was spelled out but I think it's mainly assumed that since the VP's only real duties beyond the president of the Senate is as a replacement for the president and would need to actually be able to hold that position to be vp.

But I think you're right, that's just largely held to be the case but not explicitly defined.

[–] jj4211 1 points 1 day ago

That's one thing about Trump's administration, so many decent common sense norms that the common person assumed were codified were in fact self-enforced by basic decency in most administrations. That despite all the verbosity and crafting of the law, there's still gigantic holes for a less decent administration to use..

[–] [email protected] 12 points 3 days ago (1 children)

State militias

Yeah, that's who was supposed to be the last resort. Buuuut...our modern "militias" probably would just turn their guns back on us for him.

[–] krashmo 4 points 3 days ago

Buy a gun and start one

[–] [email protected] 15 points 3 days ago (1 children)

lol, he's just gonna stay in the white house and no one's gonna stop him. No one needs to ratify shit. Democrats don't storm government buildings.

You fucking hopeful people, relying on adherence to laws and norms. Sick of seeing this shit. So sure that sane things will happen. You people are the reason he's in office in the first place.

[–] Nutteman 9 points 3 days ago

Thank you. Anyone who still has faith in our government systems to stop this from happening has their head in the sand.

[–] MothmanDelorian 8 points 3 days ago (1 children)

It's so we are talking about this and not the incompetent racist fascists who are being selected.

[–] [email protected] 5 points 3 days ago (1 children)

That ship has sailed. You need to catch up. Things are moving fast.

[–] MothmanDelorian 1 points 3 days ago

No, it hasn't. This is a part of the "fill the zone with shit" strategy thatTrump continually uses.

[–] einlander 10 points 3 days ago (1 children)

Wait till till Carence Thomas and Samuel Alito pic and choose Textual mism and Originalism to say that the ratification that added term limits is not how the founding fathers intended and therefore is note constitutional.

[–] Stern 0 points 3 days ago (3 children)

Kind of impossible to rule an amendment unconstitutional.

[–] [email protected] 3 points 2 days ago

I mean, is it though? If they literally did that... Who would challenge it? Who would it be challenged to?

When the rules don't matter, relying on them to follow rules isn't going to get you very far... They may be unlikely to try to pull that, but don't count on that stopping them.

[–] Maggoty 2 points 2 days ago

SCOTUS can make whatever ruling they want as long as the President and Congress support it.

[–] einlander 4 points 3 days ago

True, but the supreme court has been doing some of the strangest things and using the strangest reasons for them.

[–] WrenFeathers 1 points 3 days ago

At least there’s hope.