Timeline for Doesn't the 22nd amendment prevent Donald Trump from running for president again in 2024?
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9 events
| when toggle format | what | by | license | comment | |
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| Nov 17, 2020 at 12:18 | comment | added | jmoreno | @cde: B can be elected President at that point, because while B has been President for 2 terms, B was never elected President, thus neither condition of the 22nd prevent it. And the 12th doesn’t prevent it because, both A and B are still eligible to hold the office. Only 2 things would definitely make them ineligible to be President, impeachment or treason (insanity or dementia might). | |
| Nov 17, 2020 at 11:58 | comment | added | Chieron | @cde possibly, however, I suspect that the wording "for more than two years of a term" could also be interpreted as being the total time of acting president. And yes, the 22nd amendment is not enough, but it doesn't exist in a vaccuum and that's why the examples are problematic. @ phoog You are right about the one day. And yeah, the wording is awkward. They should've written it as an explicit term limit. There is indeed nothing prevent infinite successions. Reminds me of Putin's switch with Medvedev to circumvent Russia's term limit.. | |
| Nov 17, 2020 at 5:32 | comment | added | cde | @Chieron The Vice President doesn't get elected to President when the president is removed. So its a bit of a lacking of the 12th, 22nd, and 25th amendments in that case. So the 25th alone, if the 12th isn't interpreted to incorporate it, may not prevent the Vice President from ascending. Nor would it apply to others who act as president. ALSO, that would imply that there is no max time someone can serve as succession to president, as long as they don't do it for more than 2 years (even non-continuous) in a single term. So 4 years + 2 + 2 + 2 + 2 + 2 ad nausea. | |
| Nov 17, 2020 at 5:24 | comment | added | cde | Your examples seems wrong. The 3rd election, neither A or B can win. A has been elected 2 times, regardless of being in a coma 75% of the time and not holding the office, and B has held the office/acted as president for more than 2 years each of the first 2 terms. Term 3 cannot happen B as President. AND the 12th amendment likely disqualifies A from running for Vice President. Same for Term 4 with B as Vice President. | |
| Nov 17, 2020 at 2:33 | comment | added | jmoreno | @Chieron: the Amendment is very specific, it doesn’t say 10 years, in both branches of the condition it says “shall be elected to the office of the President”. That means ELECTED TO THE OFFICE OF THE PRESIDENT, no more , no less. A can only be elected to the office twice. Hard stop. How much of the term is served is irrelevant. | |
| Nov 17, 2020 at 1:32 | comment | added | phoog | @Chieron the maximum time in office under your theory is actually ten years exactly because someone who assumes the presidency for exactly two years has not "held the office of President, or acted as President, for more than two years of a term to which some other person was elected." There's no need to subtract a day. (But in fact someone can assume the office multiple times, because subsequent times do not further restrict the ability to be elected, so the maximum time in office is actually unlimited.) | |
| Nov 16, 2020 at 18:41 | comment | added | Chieron | Your example is odd and not helpful. Either A could win the presidency a third time, because B was acting president during his comas. Or they could not be elected and hence would also be skipped when freshly inaugurated president B gets eagled (not being eligible for election also prevents succession). Similarly, B would likely be ineligible for the third election period and could not succeed C's banana incident. The maximum term length would be 10 years minus 1 day - nearly 2 years as acting president and then 2 full terms. (or full term 1, 2years acting, full term 2). | |
| Nov 16, 2020 at 5:30 | comment | added | manassehkatz-Moving 2 Codidact | This answer is for the birds. But a bird in the hand is worth two in the George Bush. | |
| Nov 16, 2020 at 0:41 | history | answered | jmoreno | CC BY-SA 4.0 |