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.

  • doughless@lemmy.worldEnglish
    31·
    2 months ago

    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.

    • ricecake@sh.itjust.worksEnglish
      7·
      2 months ago

      It actually does.

      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.

      (Edited to add) And from the 12th amendment:

      But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.

      You can be elected twice and you can serve for no more than 10 years total.