When asked directly about the 22nd Amendment of the U.S. Constitution, which prohibits any U.S. citizen from serving more than two terms as president, [Steve] Bannon pointed to how there are “many different alternatives” for Trump to stay in office, but did not provide specifics.

  • skibidi@lemmy.world
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    2 days ago

    So the constitution doesn’t actually prohibit anyone from serving more than 2 terms as president, it prohibits someone being elected to the office of president more than twice (or once if they assumed office for more than 2 years of someone else’s term.

    In 2029 Trump could be elected as speaker of the house and then Vance and Dr. Evil resign as POTUS and VP and bam, Trump round 3.

    Trump could also be directly elected to the Vice Presidency, though the legal ground there is shakier given the 12th amendment.

    Ultimately, SCOTUS would need to weigh in because there is enough ambiguity in the constitution to allow for just the scenarios above.

    Good thing SCOTUS is chock full of no-nonsense nonpartisan jurists of the highest integrity.

    • elrik@lemmy.world
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      The 12th Amendment provides that “no person constitutionally ineligible to the office of President shall be eligible to that of Vice President.” As such, anyone barred by the 22nd Amendment from being elected president is also ineligible to serve as vice president, and so a twice-elected president cannot return to power through vice-presidential succession.

      If a person is constitutionally “ineligible to the office of President,” they are also skipped over in the presidential line of succession under the Presidential Succession Act (3 U.S.C. §19), which prohibits anyone ineligible to serve as president from assuming the office.

      The ghouls in power currently don’t understand or don’t care, and by the time this is tested, it will likely be rubber stamped by the supreme court. But, there’s still value in understanding ahead of time that no, that is not a constitutionally valid approach.

      • Zink@programming.dev
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        the Presidential Succession Act (3 U.S.C. §19), which prohibits anyone ineligible to serve as president from assuming the office

        “No it doesn’t. Your statement is now literally incorrect.”

        • USA SC
      • skibidi@lemmy.world
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        Not quite… the constitutional requirements to be president are simple: Natural born citizen, 35+ years old, and US residency for at least 14 years.

        It is an open legal question whether and how the 12th and 22nd interact to determine eligibility. The intent seems clear, but the language of the 22nd very plainly concerns only election to the office, not assumption of it.

        • elrik@lemmy.world
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          Calling it “an open legal question” implies meaningful doubt, but in reality, the text, intent, succession laws, and scholarly consensus have already answered this decisively. The only way this alternate interpretation prevails is a corrupt supreme court. Oh…wait. 🤣

          • skibidi@lemmy.world
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            17 hours ago

            It’s never been tested, so it is an open question. Not many people would be bold enough to try, and I don’t think Trump actually will either, but eventually this will go to the Supreme court.

            The main problem is, at the time the 22nd was written, there were plenty of cases of presidents who weren’t elected to the office, so why would the text specify only the electoral pathway if it were meant to cover all possible pathways? Even in the most broad reading (no elected official can become president after having been elected president twice), there remain appointed positions within the line of succession - namely secretary of state - that would completely avoid the election clause.

            I agree with you that the intent of the 22nd was to ensure a 2 term limit. Unfortunately the language is not that definitive and the current administration has little concern for following the unwritten rules.

    • Wispy2891@lemmy.world
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      though the legal ground there is shakier

      Like everything he’s done every single day since inauguration

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    He 100% doesn’t plan on leaving when his term is up. This stupid ass Epstein Ballroom that he’s having built (amongst other things) is proof of that.

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    Addled mushbrain probably won’t be able to form actual sentences by that time. Not that he could do that before.

    Education is important. And not doing drugs. And not being a worthless narcissist nepo who has never worked an honest day in his pathetic life. And not being stupid. And not being a thief, a pedo, and a rapist…

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    I don’t know if this happens, or if it doesn’t. There should be zero tolerance for even joking about this. The only thing that I will assert is this: If this happens, and some combination of: another branch of government, state governments, the public, law enforcement, the military, and the media, don’t immediately halt everything and throw his as in out, then the United States is over. I don’t mean ‘over’as a descriptor for decline. I mean it’s just immediately done. There is no nation, there are no laws and we have no constitution. The entire project ceases to exist immediately.

      • z3rOR0ne@lemmy.ml
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        Lol, the vast majority of Americans will never tolerate Kings, and we mean it. We’re willing to die to ensure it never happens here. I know you don’t believe me, so I’ll just say sit back and watch us torch our billionaire class and eat their flesh. You’d be surprised what Americans are willing to do to ensure No Kings. Its not just a protest slogan. We fucking mean it.

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          I’m in Australia. We have a king and it’s no big deal. Thailand has a king and it’s no big deal.

          What you have on your hands is an imminient dictator. You don’t want that.

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            No, I don’t want either. Call it a king, call it a dictator. They can both eat shit. Fuck your king, fuck Thailand’s king. Their continued existence is an affront to every human being that breathes.

        • CircaV@lemmy.ca
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          You already have a king, so there is that! But yeah I’d love to see what you describe. But dude, he tore down the WH and it’s all crickets.

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            To be fair, I really don’t care about the White House in general

            I despise its current tenant, and it sucks that the add-on is gonna be a tacky gilded ballroom, but I’d be fine if the building got blown up by a space laser

        • leadore@lemmy.world
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          True, we won’t tolerate a king. OTOH, more than a third of us are more than happy to tolerate a dictator.

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          Sure pal, you’re different from everyone else in the world, you are immune to fall under an authoritarian regime, sure. LoL

          • Leon@pawb.social
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            That good old American exceptionalism.

            I mean I’m rooting for them, absolutely. Based on the current track record though, it isn’t looking good.

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          we’re willing to die

          I’ll just sit back

          Willing to die in a seated position doesn’t cut it goofy

    • stupidcasey@lemmy.world
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      I agree with the sentiment but I don’t think it is true the two term limit is a relatively new thing, Franklin Roosevelt had four separate elections and served until he died that was only in 1945, we have changed the constitution since then but I don’t think it is fundamentally different from the majority of America, granted this was a war time president but I still don’t think it is fundamentally different.

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    To the watchful observer it is very clear that there is a plan. Deploying troops to urban areas, buying a voting machine manufacturer, installing Project25-vetted admin workers everywhere, … the list goes on. It does not take a genius to see the intent.

    • Mirshe@lemmy.world
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      Not to mention expanding the bunker at the WH. Dude knows he’s absolutely going to try to stay President no matter what happens. Expect full Franco.

        • Leon@pawb.social
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          I’m sure you can buy cement at a building supply store. Bleach and ammonia should be available somewhere too, just find the bunker’s vent and get cleaning. They’ll really appreciate the nice clean air smell.

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      Watchfull?! Its blatantly obvious for even the blindest bat that they are not going to give up their front man who keeps the assholes behind the throne in power

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    Tell me you don’t understand how election/inauguration works without actually explicitly saying it…

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    So? If the Founders COULD have Predicted Trump they WOULDNT have Written that Amendment!

    -School Shooting Supporters!

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    He went on to call Trump a “vehicle of divine providence.”

    How to make fascism even worse: mix it with a religious cult

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    I don’t think he will be cogent enough to not be shitting himself by 2028. Bannon et. al, keep acting like Trump is a fit, lean, 57 years old and not the fat, addled 79 year old following his own father into the sunset of dementia.

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    The man is going to be in his mid 80s! Retire for the love of god! Go drink a mojito on the beach like a normal fucking person!

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    Unless he dies he’ll be President in 2028, his current term isn’t set to expire until 2029

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      This feels like the sort of intentional ambiguity someone like Bannon would do to test float an idea. If people freak out he’ll just point to the technical truth and if they don’t he’s taken a step to normalizing the dictatorship.

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        Idk, they make it abundantly clear in that interview that they are angling for a third term and skirting the 22nd amendment. He can blabber all he wants about technicalities but at the end of the day he explicitly states he’ll have another term, shit he even said two if that’s what they need to “finish what they started.”

        Just think about a 90 year old Donnie rolling around the oval office in a mech suit or something with his head in a glass jar Futurama style. We’re gonna be so great…

        • Tryenjer@lemmy.world
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          Trump will be POTUS forever. The face generated by artificial intelligence as the spokesperson chosen to represent the interests of the oligarchs who actually rule, before the general public.