Explain Like I'm Five

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ELI5: If Trump claims he won in 2020, wouldn't the 22nd amendment make him ineligible to be president for this upcoming term? (lemmy.world)

submitted 2 weeks ago* (last edited 2 weeks ago) by [email protected] to c/[email protected]

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The 22nd amendment states "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."

Quantifying that, if he won in 2020, that would mean that he's been elected more than twice, making this upcoming term invalid. Couldn't the Democrats just say that he won in 2020, and then tell him he can't be president this time? What would be the repercussions to what Biden has done if that were to happen? What else am I missing? I'm hoping the hive mind here can help me be better informed.

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[–] [email protected] 7 points 2 weeks ago* (last edited 2 weeks ago)

I think it's logically consistent to say "It was incorrect that I was not declared the winner of the election, and I should have served the corresponding term. But since the government did not recognize my election victory and I did not serve the term, I am still eligible to serve another term". I think it's inconsistent to say that Trump was elected for the purposes of the 22nd amendment, but was not elected for the purposes of serving the term.

(Please don't mistake me though; although I think Trump's position in this particular matter is logically self-consistent, it is not consistent with reality. He lost that election.)