Replies

Amendment XXII is very poorly drafted and contains several loopholes.

But being elected more than twice is not one of them.

Start with "being elected". On who or what does this prohibition act?

There are no Presidential elections in the Constitution. The President is appointed (pro forma) by te State Legislatures, indirectly, through their power to appoint 535 Electors. In 1960, the Constitution was amended (unwisely) to give Congress 3 electors.

I suppose that a prohibition on "being elected" means that State Legislatures may not appoint Electors whom, it is believed, might vote for the "wrong" person.

As far as "running", "being nominated", "winning a state", and all the other folderol, none of that is in the Constitution, so it would be perfectly all right for Donald Trumo to "run" and even to "win" a popular vote majority in the 50 separate State preference polls that guide the Legislatures in apointing their Electors.

Now suppose 270 Electors, when they meet on the third Monday in December cast secret ballots for Donald Trump.

Does Amendment XXII prohibit the President of the Senate from counting those votes? Come noon on January 20, does it prohibit any Federal official authorized to administer oaths from swearing him in?

Amendment XXII absolutely does not say he is ineligible to the office, nor does it say he cannot serve. It also does not define "beng elected".

So, lots of questions.