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To: Jim Noble

He wasn’t sworn in. So he wasn’t president. It would be the equivalent of someone winning and walking away from it.


6 posted on 02/01/2026 12:53:52 PM PST by Reily
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To: Reily

“He wasn’t sworn in”

True.

But was he “elected”?

Amendment XXII is incredibly poorly drafted, it does not declare a twice-serving President “ineligible to the office” - easy language to include if that’s what they wanted to do.

It presupposes the existence of “presidential elections”, when there are no such things in the Constitution, and it’s unclear on whom or what the ban operates - for example, in the nonexistent November “election” can Barack Obama or Bill Clinton or George W Bush “run”? And if they “run”, what happens if they win?

The only voters recognized by the Constitution are the 535 Electors appointed by the State Legislatures (plus the three Congress awarded itself in 1960 when the States unwisely ratified Amendment XXIII). Does Amendment XXII regulate whom they can vote for? It doesn’t say so.

And once their votes arrive at the Special Joint Session for counting, does XXII regulate what the President of the Senate (who counts the votes) may and may not do?


8 posted on 02/01/2026 1:02:44 PM PST by Jim Noble (Assez de mensonges et des phrases)
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