this post was submitted on 14 Nov 2024
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[–] evidences@lemmy.world 35 points 1 year ago (3 children)

So right at the end of the 12th amendment there's this line.

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

So as of his presidential win this election he's ineligible to be vice president.

[–] lastunusedusername2@sh.itjust.works 14 points 1 year ago (1 children)

The Supreme Court will just "interpret" that away.

[–] evidences@lemmy.world 11 points 1 year ago

With as much as this Supreme Court is riding Trump's dick I wouldn't put it past them to rule in his favor if this made it to them.

[–] ApexHunter@lemmy.ml 9 points 1 year ago

The 22a says he can't be elected. But that doesn't make him ineligible to serve. The wording presents a loophole that our highly partisan Supreme Court could drive a truck through.

[–] TokenBoomer@lemmy.world 2 points 1 year ago (2 children)

Could he then be nominated Speaker of the House, and then have the President and Vice-President resign?

[–] evidences@lemmy.world 2 points 1 year ago

I'm pretty sure no.

There's a whole bunch of stuff in different parts of the constitution and us code that mention intelligibility in the line of succession. There might be a loop hole around this though I am no constitutional law expert

Not without Supreme Court fuckery. As it stands, he'd be eligible to serve as Speaker, but he'd be skipped in the line of succession if it were applicable.

Of course, trusting the Supreme Court to actually follow the rules seems naive at best these days.