• Wilco@lemm.ee
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    5 days ago

    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.

    • Omega@lemmy.world
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      5 days ago

      Technically he’s barred from office per the 14th amendment.

      Technically is great until it’s ignored.

      • ERROR: Earth.exe has crashed@lemmy.dbzer0.com
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        4 days ago

        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.

        • mapumbaa@lemmy.zip
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          4 days ago

          It is impossible to write an eternal constitution. Believing that is the biggest flaw of the American mindset.

        • Omega@lemmy.world
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          4 days ago

          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.

          • ERROR: Earth.exe has crashed@lemmy.dbzer0.com
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            4 days ago

            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.

            • Omega@lemmy.world
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              4 days ago

              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.

      • Coyote_sly@lemmy.world
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        4 days ago

        “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.

    • mapumbaa@lemmy.zip
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      4 days ago

      The constitution means whatever the guy with the biggest guns says it means.

    • dryfter@lemm.ee
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      4 days ago

      He’s already a domestic threat, he doesn’t care about the Constitution or laws

  • flop_leash_973@lemmy.world
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    5 days ago

    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.

  • CharlesDarwin@lemmy.world
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    4 days ago

    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.

    • peteyestee@feddit.org
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      3 days ago

      At risk? It’s dead no matter what party. It’s time to start rebuilding.

  • StopTouchingYourPhone@lemmy.world
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    5 days ago

    Yesterday, former President Donald Trump told a group of supporters that they won’t have to vote again if they elect him to the presidency. “You won’t have to do it anymore,” Trump said at the Turning Point Believers’ Summit in Florida. “It’ll be fixed; it’ll be fine; you won’t have to vote anymore, my beautiful Christians.” - The Atlantic, July '24

    ‘When someone shows you who they are, believe them the first time.’ - Maya Angelou

    • FaceDeer@fedia.io
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      5 days ago

      “Maybe someday they’ll let a Democrat be president for three terms!”

        • AmidFuror@fedia.io
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          5 days ago

          It’s an article about Trump being a turd. Do we have to get mad about something a Democrat might do, but hasn’t done?

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              5 days ago

              Clever rhetoric, but that was a reference to the comment assuming Schumer would say something he almost certainly won’t say.

              • _cryptagion [he/him]@lemmy.dbzer0.com
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                5 days ago

                He said something very close to it just recently in regards to shutting down criticism of any kind towards Israel, so I don’t think it’s unfair to say it’s something he thinks, even if he’s probably too smart to use those exact words.

                EDIT: To be clear, I’m not talking about the being president three times, I’m specifically talking about the denying American people a choice, although in this thread the two are intertwined.

  • tyrant@lemmy.worldOP
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    5 days ago

    Twenty-Second Amendment

    Section 1

    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. But this Article shall not apply to any person holding the office of President when this Article was proposed by the Congress, and shall not prevent any person who may be holding the office of President, or acting as President, during the term within which this Article becomes operative from holding the office of President or acting as President during the remainder of such term.

    Section 2

    This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within seven years from the date of its submission to the States by the Congress.

      • TheHiddenCatboy@lemmy.world
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        5 days ago

        To make this explicit, the law is what Trump and his merry band of miscreants say it is, unless we’re willing to step up as a country and say ‘No it isn’t’ and back those words up with action, if needed. All the words in the Constitution are is ink on a piece of paper, unless we’re willing to stand and fight for them.

    • Leeks@lemmy.world
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      5 days ago

      Elected to the office of the President

      If you are looking for a loophole, I think there is an argument to be made that if he is elected to the office of the vice president and the president steps down, that would allow a “3rd term”.

      I would love to be wrong, but I wouldn’t be shocked if that is the play.

      Edit: dhork points out the 12th amendment should block this.

      • dhork@lemmy.world
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        5 days ago

        The 12th amendment states

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

        That seems pretty definitive. The only attack to it I can see (and it’s total bullshit) is that the Originalists on this court may insist on interpreting this amendment based on the state of the Constitution when it was ratified in 1804, and the term limits weren’t passed until 1952.

        • Skyrmir@lemmy.world
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          5 days ago

          The way around that is making him speaker of the house and having both the president and vice president resign. Speaker doesn’t have any real requirements on it.

          • dhork@lemmy.world
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            5 days ago

            The Constitution leaves what happens if the Presidency and VP are both vacant at the same time up to Congress, and Congress has passed various Presidential Succession Acts, the most recent being 1947. The language in that Act specifically exempts anyone who would otherwise be ineligible from becoming President.

            https://en.m.wikipedia.org/wiki/Presidential_Succession_Act

            And this has been enforced in the past; Cabinet Secretaries who were not natural-born citizens have not been included in the succession list. I remember specifically that when Madeline Albright was Clinton’s Secretary of State, she was not on the list because she was born in Prague.

      • unlogic@lemmy.zip
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        4 days ago

        The loop hole would be that suddenly declare that he wasn’t officially elected because he cheated his way there /s

    • werefreeatlast@lemmy.world
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      5 days ago

      But if they are biologically DNA transformed from one gender to another, then they can? Or if trumpfus is born again in the Buddhist sense but in Christianity while doing a ruzzian adult film star? Then he can?

  • skozzii@lemmy.ca
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    5 days ago

    I remember when Republicans used to say things like “if you threaten my consitumitutional rights I will fight you to the end”

  • ZMonster@lemmy.world
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    5 days ago

    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.

  • SirMaple__@lemmy.ca
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    5 days ago

    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

    • moncharleskey@lemmy.zip
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      5 days ago

      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?!

    • aseriesoftubes@lemmy.world
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      5 days ago

      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.

      • SirMaple__@lemmy.ca
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        5 days ago

        Especially when one of the boot lickers is the ranking member of party that should be making the most noise right now. Instead they support the Cheeto with more budget to keep working on ripping the country apart as well as pushing it’s closest allies away.

    • Cryophilia@lemmy.world
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      4 days ago

      The party who should be starting the civil war has spent the last two generations screeching about how evil it is to arm yourself.

    • JayleneSlide@lemmy.world
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      5 days ago

      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.

  • GoodOleAmerika@lemmy.world
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    5 days ago

    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.

  • BlackSheep@lemmy.ca
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    3 days ago

    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.

    • Ramenator@lemmy.world
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      5 days ago

      Remember: The Nazis never officially abolished the democratic Weimar constitution. They just hollowed it out until it was completely ineffectual

      • ERROR: Earth.exe has crashed@lemmy.dbzer0.com
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        4 days ago

        The US has a more rigid constitution. If he gets third term, its a clear violation. A clear indicator that democracy is officially over.

        Won’t matter in the US, but at least its easier to get political asylum in an EU country.

  • DistressedDad@lemmy.ca
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    4 days ago

    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.