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Donald Trump has, according to his claims, been elected president twice by popular vote. However he has been denied the office due to claimed malfeasance of the state governments.

If his claims are correct, does the US Constitution allow him to stand a third time?

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    He has been denied the office because he failed to win a majority of Electoral College delegates.
    – Obie 2.0
    Commented Nov 16, 2022 at 7:25
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    constitution.congress.gov/constitution/amendment-22/…. 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.
    – Italian Philosopher
    Commented Nov 16, 2022 at 7:41
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    @xyldke which was a point I tried to make clearly. I am uncomfortable with the edit to my question's title.
    – Mark Morgan Lloyd
    Commented Nov 16, 2022 at 8:32
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    "Amendment 22 does not allow for a disparity between the popular vote and the action of the Electors": why do you this is true? The popular vote has nothing to do with the 22nd amendment. Only the outcome of the electoral college vote determines who is elected president.
    – phoog
    Commented Nov 16, 2022 at 10:31
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    "If his claims are correct". But they are not. It does not matter what Trump claims. What matters is what actually happened. He only won once. In most cases, you would expect that a claim of "I won the elections of the POTUS" would be backed by facts, but very little of what Trump says is backed by facts.
    – SJuan76
    Commented Nov 16, 2022 at 12:10

1 Answer 1

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There's no contradiction between the 22nd Amendment and President Trump's position that he won the 2020 Presidential Election vote with the electorate. The 22nd Amendment states:

No person shall be elected to the office of the President more than twice

Furthermore, Article II Clause 3 stipulates how the votes for President should be counted and the President elected - and it doesn't mention the popular vote at all. Rather, it refers solely to the votes in the electoral college. President Trump does not deny that the electoral college voted to install President Biden - that was the whole point of his actions with regard to pressuring Vice President Pence not to certify the slate of electors on January 6th.

Trump's position is that despite him winning the 2020 election with the American public, due to voter fraud and vote rigging he was denied election to the presidency with the electorate that matters - the electoral college. Therefore, he was not elected to the office of the President more than once, and can run again in 2024 and be elected without being in conflict with the 22nd amendment.

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  • So what you're saying is that Article II Clause 3 trumps the 22nd Amendment.
    – Mark Morgan Lloyd
    Commented Nov 16, 2022 at 8:44
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    @MarkMorganLloyd not that it trumps it, but that it defines what it means to be elected to the presidency. Amendment 22 then uses that definition.
    – Silver Fox
    Commented Nov 16, 2022 at 8:46
  • It is worth adding that Trump's position does not have any legal foundation. He was not prevented from winning by voter fraud or any of the other various conspiracies he likes to bring up.
    – Obie 2.0
    Commented Nov 16, 2022 at 8:50
  • politics.stackexchange.com/questions/60208/…
    – bookmanu
    Commented Nov 16, 2022 at 11:36
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    What the 22nd Amendment does contradict is Article II Clause 5. There was nothing in the Constitution that prevented FDR from serving for four terms. Now there is, thanks to the 22nd Amendment. BTW, Trump only served one term. His claims are irrelevant. He is eligible to run in 2024.
    – David Hammen
    Commented Nov 16, 2022 at 13:52

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