• obvs@lemmy.world
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    1 month ago

    Look, if the U.S. Military were going to uphold the Constitution he already wouldn’t be President anymore.

    • arrow74@lemmy.zip
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      30 days ago

      Well if we want to really go into constitutional interp, the military has no power to remove a sitting president.

      But if elections do not occur a person doesn’t continue to be the president, additionally a 3rd term is banned by the constitution.

      If Trump were to “cancel” elections, a power he doesn’t even have, the law is clear. He would still lose the presidency. It would then pass to the speaker of the house per the constitutional line of succession.

      At that point the military would have a choice to make.

      Of course these are big ifs, laws only matter if they are followed. And this scenario requires the law to be broken to even occur. Shits bad

      • obvs@lemmy.world
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        30 days ago

        The military literally takes an oath to uphold the Constitution.

        Donald Trump is wiping his ass with the Constitution. There couldn’t be anything more Contritutional for the military to do.

        • arrow74@lemmy.zip
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          30 days ago

          I don’t remember a single line in the Constitution stating the military has the power to remove a sitting president.

          At least the scenario I described was constitutional.

          That’s the neat part about an oath to the Constitution, you can’t break it to save it. That would be outside of that very oath.

          • obvs@lemmy.world
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            23 days ago

            Actually, no.

            The Constitution is meaningless without force behind the words.

            As is being demonstrated EXTREMELY well right now.

    • MagicShel@lemmy.zip
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      1 month ago

      Eh. I mean he is clearly shitting all over norms, blatantly corrupt, most likely treasonous, and robbing the fucking treasury blind, but all of that stuff is Congress’s responsibility to hold him accountable and draw lines and they have failed.

      I don’t know if you can point to any part of the constitution that he has clearly violated. But the two term limit is codified. The supreme clutter doesn’t need to weigh in, the stupidest motherfucker in the country can do the math to see it’s unconstitutional (they might not care, but they can see it).

      If folks want to toss the constitution, great, they just tossed the basis of authority for the President, Congress, and the Supreme Court. Guess we get to writing a new one.

      I hesitate to declare this is the line he won’t be allowed to cross, because he’s sailed over every other one. But I really think the entire system of government is shot if he does this. We would certainly be a failed state at that point, where right now we are kinda Schrödinger’s Failed State. We may already be, but we’ll have to measure it post Trump.

      • BlameThePeacock@lemmy.ca
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        1 month ago

        I mean he’s clearly broken the first amendment more than a few times by ordering the government to pressure organizations over their right to free speech.

        Also, constitutional problems with his deportation bullshit. Which he’s been ordered not to do, and yet they’re still doing it.

      • oyo@lemmy.zip
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        30 days ago

        You can’t point to something he’s clearly violated? What? The most obvious and clear example is the emoluments clause, but it’s easy to add in the first and fourth amendments. (Preference given to Christianity, and search and seizure without probable cause, as examples.)

        • MagicShel@lemmy.zip
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          30 days ago

          Let me clarify my point. Those are all abstract things that require Congress or the Supreme Court to step in and draw lines. We’ve had in god we trust as the national motto for decades. There is a gray area there that can be argued and low-engagement voters just see it as noise.

          But everyone can count to three. Everyone knows you get two terms and no more. Everyone knows you have to win an election to be President. It is unequivocal. Inarguable. So I think it carries weight in a way that those other violations of the constitution have not.

          I never meant to create ambiguity around his illegal actions, just draw attention to how this act would be distinct from the rest.

      • Ferrous@lemmy.ml
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        1 month ago

        the stupidest motherfucker in the country can do the math to see it’s unconstitutional

        It’s not at all unconstitutional for Trump to enjoy a third term as president. All the Constitution says is that he can’t be elected a third time. There’s nothing that says he cannot run as VP and then succeed into POTUS once Vance steps down.

        • obvs@lemmy.world
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          1 month ago

          Sounds like you’ve read 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. But this Article shall not apply to any person holding the office of President when this Article was proposed by the Congress, and shall not prevent any person who may be holding the office of President, or acting as President, during the term within which this Article becomes operative from holding the office of President or acting as President during the remainder of such term.

          But you definitely haven’t read Amendment 12:

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

          No, the bullshit technicality he’s trying to pull out of his ass is still unconstitutional.

          • Ferrous@lemmy.ml
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            1 month ago

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

            You really think this is bulletproof?

            Have Trump run for Speaker. Hell, have him appointed as secretary of agriculture and have the people above resign. Its really not that difficult when your constitution is held together with bubblegum and pinky promises.

            There is nothing in the constitution that says he cant enjoy a third term.