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If Trump had won in 2020 we would be discussing this amendment now instead of the 14th. It has the same problems:

There is no enforcement mechanism

It has been applied only 6 times

It was adopted so long ago and FDR has been dead for years

There is no law against ineligible people being on the ballot

Shouldn’t this whole thing be decided at the ballot box anyway because the people have the right to choose the person who they want.

The Supreme Court will end up deciding this

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Jim, thanks for subscribing!

First, if Trump had won reelection, we would be discussing his lame-duck status, which is sort of a silly concept, but one that people seem to embrace.

All 50 states and the District of Columbia all have procedures to keep ineligible candidates off the ballot.

Article II Section 5 of the Constitution spells out the eligibility of president:

Natural born citizen

35 years old

Lived in the United States for at least 14 years

I'm not sure what you mean by this amendment has only been applied 6 times.

I listed out the three situations where it was prevalent.

We shouldn't elect people who aren't eligible to serve in the office. I don't disagree that the 14th Amendment isn't that strong in the case of preventing Trump from being on the ballot, something I wholeheartedly agree with.

It's amazing to me that Trump is still a viable candidate, but we need narratives to make it interesting because, at the end of the day, Donald J. Trump will never sit in the Oval Office again.

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I didn’t really expect a reply, thanks! I have been enjoying your work, it is the first one on substack that I signed up to pay for!

I was trying to apply some of the same arguments that I have read about the 14th amendment to the 22nd. The amendment has applied to six former presidents, Eisenhower, Nixon, Reagan, Clinton, GW Bush, and Obama.

A judge in Minnesota actually said that Trump could be on the primary ballot because there was no state law against ineligible persons being listed.

I suspect that if he gets elected again that he won’t leave office. I just wonder what argument he would use to get around the term limit.

I just learned that this amendment prohibits a person from being elected more than twice not from serving more than two terms. So he could become Vice President or Speaker of the House and then ascend to the top job through the succession process.

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Oh wow, Jim, you paid?! Now I have all this pressure. :)

Thanks for your generosity.

I see what you are saying about Eisenhower, but Nixon wouldn't count because he didn't finish a full term. Or one could argue that he didn't.

Trump meets all the legal requirements for eligibility to run for president. It has to be proven that he is ineligible, and that's where they are because, as the judge mentioned, the 14th Amendment doesn't include the presidency.

Trump can certainly run for whatever office he wants and potentially be in line of succession. Taft, Quincy Adams, and Andrew Johnson, I believe, all took other offices after leaving the White House.

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