Posted on 02/01/2026 12:40:17 PM PST by E. Pluribus Unum
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Here’s a hypothetical question for you all:
Suppose it is proven, by a preponderance of the evidence, that Donald Trump “won” the November 2020 “presidential election”.
Then, suppose that Kamala Harris sues on the grounds that “no person shall be elected more than twice” to the office of President (Amendment XXII).
Will the Supreme Court declare Kamala Harris President?
The irony is this: because they wanted to railroad Trump they had to retain all that election paperwork. The same noose that will now hang them!
I’m just waiting for the Democrats to come up with this one: ‘well, if you think Trump should have been President in 2020, then he must immediately resign since he’s now no longer eligible.’
Yeah — that.
He wasn’t sworn in. So he wasn’t president. It would be the equivalent of someone winning and walking away from it.
You already know the answer to that. The only election that mattered in 2020 was the Electoral College votes in the 50 states and D.C. in December 2020.
“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?
;^)
“Suppose it is proven, by a preponderance of the evidence, that Donald Trump “won” the November 2020 “presidential election”.
Then, suppose that Kamala Harris sues on the grounds that “no person shall be elected more than twice” to the office of President (Amendment XXII).
Will the Supreme Court declare Kamala Harris President?”
Apparently this very subject has been talked about by “Constitutional scholars” and the consensus is that since the Constitution doesn’t address this (probably because the founding fathers, as brilliant as they were, could never comprehended the level of corruption that we see from left), that once certified, the only way to remove the President and Vice President was via the impeachment process.
Me, I’m OK with pitchforks . . .
Yes, correct, and thanks.
As I have said over and over, Biden won the only Constitutional election in 2020, and the only entities in a position to object were the State Legislatures - and none of them did.
Are we talking about THE Throckmorton P Gildersleeve?
numbnuts Roberts always prefers to let inconvenient things slide..
The question remains of what’s going to be done with that knowledge.
If nothing is done, there’s no point inn pursuing this.
No, because as ‘someone’ here once said, the Constitutional Election is the one held by the Electoral College.
This “case” (which is actually not one) is Constitutional science fiction.
The “election” alleged to be fraudulent has no Constitutional existence. The 50 State Legislatures which appoint 535 Electors (and Congress, which appoints 3) have all adopted the custom of having people voting as the means by which the appointments are normally made, but this creates 51 elections, not one.
Those 51 elections occur at the direction of, and are subservient to, 50 legislatures and Congress. The States unwisely granted Congress 3 Electors by ratifying the XXIII Amendment in 1960, so Congress does have supervisory power OVER THOSE THREE, but not otherwise.
There is only one Presidential election in the Constitution, it takes place in December, there are 538 voters, and in December 2020 Biden got 306 of them and was elected President.
No State Legislature objected that its Electors were not the ones they had appointed. No State Legislature even convened to consider the matter. In the case of Pennsylvania, the Legislature fled to avoid considering the matter.
It has never been alleged that a single one of the 306 votes for Biden/Harris was a forgery, that the Electors who casted them were impersonating someone else, or that the Legislatures had secretly appointed other Electors.
There is zero space for an allegation of fraud in the Constitutional Presidential election of December 14, 2020.
As far as the 51 elections which occurred on November 3, 2020, they may very well have been rife with fraud, but since the appointment power of the 50 State Legislatures (535) and Congress (3) is plenary, that’s a problem for those legislatures to deal with should they choose to do so.
Please tell me where, anywhere, in the Constitution do you find anythung about "certification"?
Are you referring to "inauguration" (when someone takes the required oath)?
There is no official with the responsibility or the authority to "certify" that someone has been elected President.
If you believe there is, then there must be a public record of 47 writs of election or some other such document, where are they?
Although...let me add...there was a Senate election also in Georgia - and it was more than just one seat - the result was giving Schumer the control of the chamber. Much of that Biden agenda would either have not gone through at all, or been significantly slowed/reduced (the Dems still had the House). And certainly their fast pacing of Leftist judicial appointees would not have occurred. So even if just the Georgia election itself was tainted, the implications and its affect on the country has been significant.
“He didn’t win did he” - Harry Reid
We threw out presidential requirements with Obama. Your scenario is enjoyable as a mental exercise, certainly. We can both bet the democrats would scream to mother gaei if they thought it would work. But even so. The HORs would decide who the president is and the GOP has a majority so it would fall to Vance. And just as much vitriol would be directed to Vance as there is to PDJT. Vance 2028.
Good bench on the GOP. Trash on the democrats. But they cheat so stay frosty.
Nobody of any importance will go to prison let alone be hanged like they should. Not with the clowns at the FBI and DoJ. They couldn’t even get a grand jury to indict on a slam dunk mortgage fraud case. And it took the FBI a year to get a warrant and raid one office. So what about the 5 or 6 other states?
Doesn’t matter. The Electrical College (ht Homer Simpson) elects presidents. The HORs certify it. Not erected (ht Chuckie Shumer) not certified so Trump was never president twice until swearing in January 2025.
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