this post was submitted on 14 Nov 2024
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politics

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[–] CharlesDarwin@lemmy.world 7 points 11 hours ago (1 children)

It's cute that donvict thinks he'll be in good enough health to run.

[–] mojofrododojo@lemmy.world 3 points 7 hours ago

frankly surprised he hasn't already had a coronary considering his health and diet.

[–] LodeMike@lemmy.today 22 points 1 day ago

I hope he's dead and/or suffering by that time.

[–] jordanlund@lemmy.world 20 points 1 day ago (7 children)

Nope.

Even if they repealed the 22nd Amendment, we don't allow ex post facto laws, so the repeal wouldn't apply to him.

United States Constitution
Article 1, Section 9, Clause 3
"No Bill of Attainder or ex post facto Law shall be passed."

Article 1, Section 10
"No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility."

In case you're wondering, "Bill of Attainder":

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

"an act of a legislature declaring a person, or a group of people, guilty of some crime, and providing for a punishment, often without a trial. As with attainder resulting from the normal judicial process, the effect of such a bill is to nullify the targeted person's civil rights, most notably the right to own property (and thus pass it on to heirs), the right to a title of nobility, and, in at least the original usage, the right to life itself."

[–] JustZ@lemmy.world 4 points 11 hours ago

Ex post facto refers to criminal laws. Nothing to do with administrative processes. The retroactivity or not of such laws is based on a substantive due process analysis.

[–] LodeMike@lemmy.today 4 points 15 hours ago

Any amendment would be on the same level, and therefore its down to what's more specific.

[–] randoot@lemmy.world 45 points 1 day ago (2 children)

Who's going to enforce it? The House? The Senate? The supreme Court?

The law is just pieces of paper if the people who are supposed to enforce it don't want to.

[–] BrianTheeBiscuiteer@lemmy.world 4 points 12 hours ago

Our repeated mistake is believing a guy that has no history of following rules and norms will suddenly decide to follow them as the most powerful "CEO" on the planet.

[–] mipadaitu@lemmy.world 13 points 1 day ago (2 children)

The states control the elections, enough of them could literally just refuse to put him on the ballot.

[–] BrianTheeBiscuiteer@lemmy.world 1 points 10 hours ago

Is it more than 270 electoral votes worth? No? Then the blue states can have their little tantrum while the GOP laughs all the way back to a majority.

[–] halcyoncmdr@lemmy.world 30 points 1 day ago (1 children)

The Supreme Court already told them they can't do that to get Trump on this ballot after he violated the 14th Amendment with his failed insurrection attempt last time. And they went with it. Why would they do this any differently?

[–] mipadaitu@lemmy.world 16 points 1 day ago (1 children)

The supreme court has no ability to enforce their decisions. The states can and have ignored their orders in the past.

If an order comes back that's blatant enough, there will be pushback.

https://www.wglt.org/illinois/2024-11-13/jb-pritzker-and-colorados-jared-polis-launch-governors-coalition-to-protect-against-threats-of-autocracy-under-trump

[–] NJSpradlin@lemmy.world 11 points 1 day ago* (last edited 1 day ago) (1 children)

What prevented the states from not listing the insurrectionist this last time?

Also, what state would stand up to the fascist that* they elected?

Also, when you’re the weak one in the group of fascists, a state* AG, Governor, or guy running the election, how long do you think you’d live or remain employed beyond you deciding to rock the boat here?

[–] nondescripthandle@lemmy.dbzer0.com 4 points 21 hours ago* (last edited 21 hours ago)

The Democrats never wanted him off the ballot, half the party, and all the powerful members, committed to the sloganeering 'beat him at the ballot box' whenever the 14th was discussed They wanted to run against Trump again, and why not, record fundraising evry time they do, even when they lose.

[–] stupidcasey@lemmy.world 12 points 1 day ago

That’s a good law, I wonder how long until they change it.

[–] adespoton@lemmy.ca 14 points 1 day ago

If he runs again anyway, what are you going to do? Sue the POTUS in federal court?

[–] Pogogunner@sopuli.xyz 16 points 1 day ago (1 children)

https://en.wikipedia.org/wiki/Ex_post_facto_law

Changes to the law are only considered ex post facto laws in the United States when they bring about a criminal punishment - So prosecutors couldn't charge Trump if the 22nd amendment was changed to only allow 1 term, for example. So if the 22nd amendment was altered to allow for more terms, it would not be considered an Ex post facto law

https://en.wikipedia.org/wiki/Calder_v._Bull

IANAL, but this is what I was taught in high school

[–] mkwt@lemmy.world 10 points 1 day ago

Also within this very hypothetical scenario, the act of seeking a third term is after the hypothetical amendment, so there is no ex post facto in any case.

[–] just_another_person@lemmy.world 10 points 1 day ago (1 children)

Pray.

These people seem to be good at finding all the cracks in the system like roaches.

[–] BrianTheeBiscuiteer@lemmy.world 1 points 11 hours ago

Not hard to see when you're a powermonger that regularly ignores rules.

"Who's gonna stop me from doing this? That guy? Let's replace him. New guy, you gonna stop me? No? We cool then."