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.
They believe he won the “election” in that he should have been awarded the most electoral college delegates. They might argue that the electoral college voting of 2020 was invalid, but you can’t retroactively change the result.
Like, if Trump claimed to have called Shotgun first, but Biden actually called it first and then Biden got to ride in the front seat. On the ride back, you couldn’t say Trump can’t call shotgun because he rode in the front seat.
Trump wasn’t president, because he didn’t win. He still claims he should have won, but that’s both a lie and irrelevant to the Constitution. He could also claim to have been born in Ethiopia to foreign parents, which would also disqualify him from being President, but that would also be untrue and irrelevant.
He did incite and support a terrorist attack and attempted insurrection, which should disqualify Trump from holding any office, but we don’t have a functioning justice system.
Okay, loophole time: what if he runs as VP in 2028, and after inauguration, the newly elected president resigns? He wouldn’t technically have been elected, and the amendment doesn’t mention being barred from actually serving more than twice.
It actually does.
(Edited to add) And from the 12th amendment:
You can be elected twice and you can serve for no more than 10 years total.