Yes, but if Trump refuses to leave office then he will need some serious guards. My understanding of the Constitution is that he becomes a domestic threat at that point and "fighting him" is technically legal ... and required by anyone that took an oath to defend the Constitution.
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Technically he's barred from office per the 14th amendment.
Technically is great until it's ignored.
The people who wrote the 14th amendmend fucked up. They did not specify how the disqualification clause is supposed to be invoked.
I mean, how are we suppose to invoke that?
States? If so, red states could just ban democrats by abusing the disqualification clause.
Conviction in courts? Well, trump never got convicted for treason/sedition. States convictionss of fraud isn't disqualifying.
Simple Majority in congress? Well, again, a unified congress can just use it to disqualify the other party.
Supermajority? Well, that would never happen.
Supreme court? Well... look at the composition of the court
So... yea... somebody fucked up.
Blame the authors of the 14th amendment.
It is impossible to write an eternal constitution. Believing that is the biggest flaw of the American mindset.
Ideally the courts would rule on it and it would be up to congress with a supermajority to reverse it.
To be clear, a court did rule that he committed treason and was barred from running. SCOTUS did not say they were wrong, they only stated that they (the fucking courts) did not have the power to APPLY THE CONSTITUTION.
So yeah. It would be up to the courts to apply the constitution and SCOTUS would have the final word. I'm not sure why it would be any different from any other ammendment.
As dispicable as the court is, I agree with their decision.
If a Colorado court can decide to remove a candidate, then all the republicans need to do is get a majority in the courts of swing states and they would forever have the presidency.
Ideally, it should be completely overhauled SCOTUS with something like 15 seats, and every year, a seat expires, on staggered terms, with each justice serving 15 years.
Since a president can only serve a maximum of 8 years*, they could at most have 8 of 15 justices. Something as serious as disqualifying a candidate for federal office should require 2/3 of the SCOTUS's total membership, so at least 10 of the 15 seats on SCOTUS.
A president serving 4 years could at best fill 4 of 15 seats, so even a corrupt president still leaves 11/15 uncorrupted judges.
Also congress has to approve the judges (ideally both houses, by simple majority)
And for intra-term vacancies, they should be filled by 2/3 supermajority, but if bipartisanship is impossible, they'll just have to wait out the seat to expire.
Maybe I should design the political system. 🤔 I've been doing a lot of worldbuilding stuff for a novel I want to write.
If a Colorado court can decide to remove a candidate, then all the republicans need to do is get a majority in the courts of swing states and they would forever have the presidency.
It should be up SCOTUS to validate or invalidate Colorado's findings. It would never be Colorado as the final word. That's how the courts already work. Lower courts rule and higher courts can take further action if needed.
I'm all for SCOTUS reform though.
"I'm sure THIS will be the time he faces consequences for blatantly regarding both law and custom! Institutional inertia will protect us now for sure!" say a bunch of ignorant shitlibs for the 1,293,762nd time.
The constitution means whatever the guy with the biggest guns says it means.
He's already a domestic threat, he doesn't care about the Constitution or laws
Just remember, if his new administration has proven anything, it is that the difference between legal and illegal in the American political system is mostly down to everyone being willing to go along with that law. There is very little actual teeth behind a lot of it at the high up federal level.
So it might be unconstitutional for him to run again, but who is actually going stop him? He has more guns and more sycophants than the court system.
When Donald Trump’s former chief strategist Steve Bannon said “I’m a firm believer that President Trump will run and win again in 2028,” last week, it should have been a surprise, but wasn’t. “We’re working on it. … We’ll see what the definition of term limit is,”the dishevelled Bannon told NewsNation. It wasn’t the first time he had mentioned it either. The president’s adviser, who went to prison for refusing to testify before a congressional committee about the 6 January insurrection, suggested it in December. Then, he argued that Trump could circumvent the 22nd amendment, which codifies the two-term limit, because the word “consecutive” is not in the text of the document.
Trump has been making his feelings clear too. Shortly after his election victory last November, the president told congressional Republicans: “I suspect I won’t be running again unless you say, ‘He’s so good we’ve got to figure something else out’.”
Then, in January, during the annual House Republican retreat in Florida, he joked with speaker Mike Johnson: “Am I allowed to run again, Mike?” In February, he asked supporters at the White House: “Should I run again? You tell me.” Offhand musings about a third term in office sound less like bluster and more like a blueprint.
If we’re sharing articles can we make the effort to add a couple relevant paragraphs under the headline? Otherwise the discussion ends up being about the headline and often innaccurate.
No person shall be elected to the office of the President more than twice
You’d think that the absence of the word “consecutive” and the phrase “no… more than twice” would mean quite clearly that it’s two terms period, not one, plus two consecutive terms.
Unless, of course, these fuckheads are arguing that consecutive terms count as one.
Fuck.
Ill try to do that but... People should also read the article before before impulse commenting.
As someone who’se shared hundreds of articles on reddit then lemmy.
Good luck getting more than 1% to read the article. People want headlines, scrollable information bits that they can instinctively react on.
That’s why paragraphs under are useful. Makes people atleast read those before commenting a gut reaction to an oversimplified headline.
Weird, guy who breaks laws with impunity doesn't care about laws.
The comments seem to be missing the fact that elections are state run, so if he is allowed to run a third time, it won't be him that broke the law it will be the states and their reps.
Ye olde civil war time
Canuck here. When is the Civil War kicking off? I'm sure they'll be a fair number of Canadians who will come and help remove him from office. We'll for sure send some of our highly trained Canadian Geese to assist lol
When the Civil War happened there was a somewhat clear division between northern and southern states due to slavery, but now that division is between neighborhoods and houses, amongst families and coworkers. Add that into life in a surveillance state and it's going to be hard for a civil war to gain traction I think. But I'm sure any day now those 2A nuts are going to go up against the tyrannical government they have been prepping for, right?!
When is the Civil War kicking off?
The people who care the most about saving this country have the most to lose, while those who lick the boots of the fascists are too mentally and physically infirm to fight.
So yeah, the answer is never. Sorry.
our highly trained Canadian Geese
This explains so damned much of their behavior. I for one look forward to these operatives helping us out with our myriad domestic issues.
Can y'all train the geese to burn down the white house?
We can't even train them not to shit all over the sidwalk, so probably not.
Conservative don't like bypassing term limit. Conservative subreddit are already not happy. So yep it's matter of time some maga nut bag will revolt against him.
Conservatives WILL like it when their media tells them how to justify/spin it.
Yeah. Outrage now doesn't mean outrage when it matters. Things will look very different in 4 years and conservatives always seem willing to fall in line.
Last I checked werent the mods going full gestapo and banning anyone who questioned trump ? That sub really is a shithole.
One already tried to shoot him.
It all depends on how they spin it
You mean The Third Reich ?
Remember: The Nazis never officially abolished the democratic Weimar constitution. They just hollowed it out until it was completely ineffectual
Obama would kick his ass
If I understand correctly, the magoffs like Bannon want to craft it to exclude Obama (and Bill Clinton and W) but include donvict.
Why? Because no matter how much the unhinged right, many "centrists", and some of the leftists and a lot of the corporate media mocked those among the Democrats that said democracy is at risk....it is.
Trump already looks 20 years older 2 months into his second presidency. Look at pictures of him yesterday. How on earth would he even run for a third term, physically I mean? He will be the oldest president EVER by the time his term ends. 2 Years older than Biden when he left. A third term would serve no one but the actual rulers Peter Thiel and Musk behind him....oh.
Just a bigger stick up his ass with longer strings that goes higher up.
If Trump was elected in the 80s, he wouldn't be alive long enough to change the name plate of the oval office desk. We're living through such a wild time in history.
There is a dictatorship happening to the south. Professors are leaving Yale University for the University of Toronto. For God’s sake, get out and vote in Canada in our upcoming election. Danielle Smith is blatantly snuggling up with MAGA. And PP keeps changing his ideologies with the political wind. Save our sovereignty.