“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
The alternate history which is to come: For many reasons, Democrats sweep the 2024 federal elections. The trend continues and the same happens in 2026. POTUS & Legislature are firmly in the Dems’ control and the Repubs continue to tear at each others’ throats, to the great amusement of their base, and accomplish/obstruct nothing.
Some smartass in The House starts a movement to annul Trump’s term. SCOTUS justices appointed by him are out, as are their decisions, as well as all other judges, officials, departments, etc. appointed or created by his administration are also ousted/reversed (to the extent feasible).
Once that’s done, said smartass reflects publicly, "Oh my that WAS disruptive and messy. That should never happen again, and then the 28th amendment gets passed, essentially preventing such an annulment from happening again. So they do some repairs, and lock the door behind them and throw away the key.
Is that a process that could happen? Is there something already in place preventing it?
(if the SCOTUS is felt to be a significant threat to the plan, just assume the sitting POTUS adds like 6 more seats and appoints normal human beings instead of power mad lovers of judicial overreach).
Well, just the fact that there is no legal process to “annul Trump’s term”, remove Supreme Court justices without individual impeachment hearings and trials, or otherwise effect a blanket rollback of appointments, legislation, executive orders, et cetera, nor is there any realistic possibility that 38 states would vote to ratify your proposed 28th amendment.
Other than those issues, it sounds great. Better yet, with your executive fiat time machine can we roll back to the pre-Vietnam War era and wash away all of that stain and the precedent for massive executive overreach in foreign conflicts? We’ll keep the civil rights, Voting Rights Act, Title IX protections, and take a more regulated approach to dismantling Bretton Woods instead of wholesale scrapping of the global finance system.
I think they’re saying that in this fever dream alternate reality trump’s presidency would be ruled to never have taken place, legally speaking. So all of the people he appointed were illegitimate, including all of the judges. Therefore, it follows that all of the rulings these illegitimate judges made are null and void. Everything would reset to the status quo of the end of Obama’s term. Etc, and so forth.
Got it, thanks. If this hypothetical doesn’t have an amendment until after the annulment, aren’t we missing one amendment, the one that defines and permits such an annulment?
Maybe this works better as a Twilight Zone episode.
Also I am trying to figure out the relation of it to the 10th Amendment.
As quoted: The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
Exactly how does this work to create the mechanism for the annulment to take place?
Can’t happen by an Act of Congress since there is no provision in the existing Constitution or Law that enables it done. An unanimous consent from all states to consider every act under the Trump administration invalid? Again, through what legal instrument in their constitutions and laws or under jurisprudence? And what legal instrument do The People have to do it themselves?
Plus wait until you tell The People that those $1200 Covid Benefit checks were never really valid and they have to hand them back.
Jesus’ tits did I pull you guys away from something important? Answer is super clear to you, so you’re justified in being rude about it? I’m 100% certain The Great Library of Alexandria was torched because it had become infested with insufferable pricks, just like this place. Have fun circle jerking in your super smart echo chamber. What a shithole this place has become.
I thought the OP would talk about how a Democratic (blue) state would annul a Trump (or similarly MAGA) presidency within their state. Just like the pre-1861 South used States’ Rights to do the same thing.