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Back door around two-term limit?

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Re: Back door around two-term limit?
Post by n7axw   » Mon Mar 16, 2020 9:07 pm

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Annachie wrote:And now it really begins.

https://twitter.com/SheriffClarke/statu ... 64933?s=20

Right wing Trump supporter saying, half jokingly I hope, that the election should be cancelled and the status quo remains until the 2024 election.

Of course no election means that the term limit amendment wouldn't aply to Trump running in 2024 for a third term.


In some Trumpees dreams...

Don

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When any group seeks political power in God's name, both religion and politics are instantly corrupted.
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Re: Back door around two-term limit?
Post by smr   » Thu Mar 19, 2020 12:54 pm

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About a year to a year and a half, their was discussion on DJT if he was impeached could he run for a 3rd term. Since the Impeachment farce, nobody has brought this topic up. Technically, DJT was impeached but found not guilty. So does that mean he can run for a 3rd term?

I think he can because during the Impeachment the House Managers were trying to have DJT barred from running again. This discussion is almost pure academic but Trump has the money to see if this is correct or does this SC throw out the current standard! My guess is "No!" but RBG is in poor health. If RBG retires or steps down then the court would have 6-3 split between Conservative and Liberal Judges. A court challenge could be awaiting a new SC! Fair warning to the never Trumpers this topic could upset you! Gcomeau quit hyperventilating. Here's a paper bag just breath into the bag and calm your breathing Gcomeau! :P
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Re: Back door around two-term limit?
Post by The E   » Thu Mar 19, 2020 1:08 pm

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Under what interpretation of the constitution does an impeachment allow a 2-term President to run for a third, smr? What's the law text, what are the precedents?

I mean, I know you won't be able to produce either, you being you. I'm just curious to see which completely batshit person you're parroting now.
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Re: Back door around two-term limit?
Post by n7axw   » Thu Mar 19, 2020 7:11 pm

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smr wrote:About a year to a year and a half, their was discussion on DJT if he was impeached could he run for a 3rd term. Since the Impeachment farce, nobody has brought this topic up. Technically, DJT was impeached but found not guilty. So does that mean he can run for a 3rd term?

I think he can because during the Impeachment the House Managers were trying to have DJT barred from running again. This discussion is almost pure academic but Trump has the money to see if this is correct or does this SC throw out the current standard! My guess is "No!" but RBG is in poor health. If RBG retires or steps down then the court would have 6-3 split between Conservative and Liberal Judges. A court challenge could be awaiting a new SC! Fair warning to the never Trumpers this topic could upset you! Gcomeau quit hyperventilating. Here's a paper bag just breath into the bag and calm your breathing Gcomeau! :P


Nancy Pelosi et.al. are just holding their fire and keeping their powder dry. After November the subject probably is mute... Of course if Trump tries a coup after he loses, all bets are off.

Yes, RBG is in poor health. But she seems to have more lives than a cat. Wonder how many of them she has used up...

Don

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When any group seeks political power in God's name, both religion and politics are instantly corrupted.
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Re: Back door around two-term limit?
Post by aairfccha   » Wed Apr 01, 2020 12:59 pm

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The E wrote:Under what interpretation of the constitution does an impeachment allow a 2-term President to run for a third, smr? What's the law text, what are the precedents?
In an extrapolation of the rule how often someone who has ascended to being president can be reelected as president? Except that it doesn't actually apply when you are already elected president.
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Re: Back door around two-term limit?
Post by n7axw   » Wed Apr 01, 2020 10:59 pm

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aairfccha wrote:
The E wrote:Under what interpretation of the constitution does an impeachment allow a 2-term President to run for a third, smr? What's the law text, what are the precedents?
In an extrapolation of the rule how often someone who has ascended to being president can be reelected as president? Except that it doesn't actually apply when you are already elected president.


My opinion is that this is a nonsense discussion. Two terms. That's it. The only caveat is for a vice president who assumes office in the second half of his predecessor's term.

Don

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When any group seeks political power in God's name, both religion and politics are instantly corrupted.
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Re: Back door around two-term limit?
Post by cthia   » Sat Jul 18, 2020 11:58 am

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Literally stumbled across another hole, loophole, we could have stepped in. This hole is full of excrement too.


POLITICS
Can Donald Trump Run For President Again in 2020 After Being Impeached?

BY ASHER STOCKLER ON 12/19/19 AT 4:27 PM EST


CONSTITUTION

These two pathways, impeachment and re-election, are not mutually exclusive, however. After being impeached by the House, Trump could be removed by the Senate and still retain his ability to run for the presidency in 2020.

Article II of the Constitution states that the president, vice president and all civil officers "shall be removed from office" if they are impeached and convicted. While the plain language of Article II says officers "shall" be removed upon a conviction, Article I provides latitude for additional sanction from the Senate.

A final verdict in impeachment cannot "extend further than to removal from office, and disqualification to hold" office. This language from Article I enables the Senate to bar officials from holding government office after conviction. But because of its discretionary nature, the Senate would not be required to prevent a convicted individual from ever holding office again.

"It is a sentencing provision," University of Missouri constitutional law professor Frank O. Bowman III told The New York Times.

Should the requisite two-thirds Senate majority vote to convict the president—a near-impossible scenario—the Upper Chamber could easily allow him to run for the White House again in 2020.

Interestingly, as Democrats are counting on a handful of Republican senators to constitute a majority willing to set fair rules for Trump's impeachment trial, that same handful could also tip the balance upon any conviction in favor of disqualification for future office.

The Senate has only disqualified three people from holding future office after a conviction in an impeachment trial. In 2010, the Senate convicted then-U.S. District Judge G. Thomas Porteous Jr. in an impeachment related to bribery charges. The body subsequently disqualified him from holding federal office by a vote of 94 to 2. Earlier examples are more illuminating.

Former federal Judge Robert W. Archbald was impeached and convicted in 1913. The Senate, however, subsequently voted to disqualify him from future office by a vote of 39 to 35, a simple majority. In other impeachment proceedings in 1936, the Senate, while ultimately rejecting disqualification, referenced the Archbald case as precedent for a simple-majority threshold that would apply to their trial.

So while Trump would need a substantial number of Republican defectors to remove him from office, the Senate's own precedent suggests a simple majority could impose a more permanent penalty. However, no Republican senators have publicly indicated thus far they are likely to vote to convict, much less disqualify the president from seeking re-election in 2020.

Son, your mother says I have to hang you. Personally I don't think this is a capital offense. But if I don't hang you, she's gonna hang me and frankly, I'm not the one in trouble. —cthia's father. Incident in ? Axiom of Common Sense
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Re: Back door around two-term limit?
Post by n7axw   » Sat Jul 18, 2020 2:29 pm

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Trump was let off the hook by the Senate by the dubious process we all remember. So he stands impeached, but not convicted, sharing that status with Bill Clinton. So nothing disqualifies him from running for office again.

Had he been convicted and removed, I do not know if it would have taken an additional resolution to disqualify him from running again.

Don

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When any group seeks political power in God's name, both religion and politics are instantly corrupted.
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