# What's the mechanism for keeping Trump off 2028 ballots? **URL:** \ **Category:** Politics & Elections\ **Tags:** trump\ **Created:** [January 13, 2025, 9:13pm UTC](https://boards.straightdope.com/t/whats-the-mechanism-for-keeping-trump-off-2028-ballots/1012931 "2025-01-13T21:13:12Z")\ **Posts on this page:** 20\ **Page:** 2
**Author:** ![Crane](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/crane/32/3495_2.png) [@Crane](https://boards.straightdope.com/u/Crane)\ **Post date:** [January 14, 2025, 12:23pm UTC](https://boards.straightdope.com/t/whats-the-mechanism-for-keeping-trump-off-2028-ballots/1012931/21 "2025-01-14T12:23:46Z")
> [@Nars\_Glinley](#): > > Fortunately, I don’t think Trump wants to be president again. I don’t think he wanted to be president this time but it was the only way to assure that he wouldn’t go to jail. He likes to go bye-bye in Air Force One. He will run just for that. ---
**Author:** ![Hari\_Seldon](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/hari_seldon/32/5173_2.png) [@Hari\_Seldon](https://boards.straightdope.com/u/Hari_Seldon)\ **Post date:** [January 15, 2025, 1:54am UTC](https://boards.straightdope.com/t/whats-the-mechanism-for-keeping-trump-off-2028-ballots/1012931/22 "2025-01-15T01:54:14Z")
Remember that although the candidates names’ are actually on the ballot, you are voting for electors in fact. So if the relevant authorities of a state allow electors to run who pledge to vote for the CF (convicted felon) to run, who is there to stop them. If this happens in enough southern and plains states to add up to 270 and they are elected, then go to their state capitals on the appointed day in December of 2028 and vote for the CF and the governors sign off on this, and then congress accepts the vote, at which point along this complicated path is there anyone to say STOP? ---
**Author:** ![HMS\_Irruncible](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/hms_irruncible/32/7394_2.png) [@HMS\_Irruncible](https://boards.straightdope.com/u/HMS_Irruncible)\ **Post date:** [January 15, 2025, 11:25am UTC](https://boards.straightdope.com/t/whats-the-mechanism-for-keeping-trump-off-2028-ballots/1012931/23 "2025-01-15T11:25:20Z")
> [@RickJay](#): > > Elections are run by states, not the feds, so you’d have to fight the issue state by state. That works both ways, though. Trump would also have to fight the issue state by state. No problem in blue states, and I have to have to think that many Republicans in red states have their own political ambitions and would love to finally have a clean undisputed shot at getting rid of Trump and advancing their own interests. Sure he’d get a lot of cooperation, sure it’s possible SCOTUS could step in early and say “this is fine”. We’re now in a world where anything could happen. I’m just pointing out that any battle that needs to be fought state-by-state by Dems, also applies to Trump. ---
**Author:** ![BobLibDem](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/boblibdem/32/3149_2.png) [@BobLibDem](https://boards.straightdope.com/u/BobLibDem)\ **Post date:** [January 15, 2025, 1:48pm UTC](https://boards.straightdope.com/t/whats-the-mechanism-for-keeping-trump-off-2028-ballots/1012931/24 "2025-01-15T13:48:58Z")
I have no doubt that Thomas, Alito, and Kavanaugh would have no problem saying that since the 22nd Amendment did not mention DJT by name, then it does not apply to him. Or that it was only meant to apply to Democrats since it was adopted during the Truman administration. Or that the writers plainly intended for it not to apply to someone as totally awesome as His Orangeness. Between Roberts, Gorsuch, and Barrett he probably has one more vote. So all that needs to happen is for one of the sane 3 justices to die and be replaced by Cannon and he can be president for life. If you think the Supreme Court has too much integrity to make such a ruling, I think that ship left port long ago. ---
**Author:** ![That\_Don\_Guy](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/that_don_guy/32/538_2.png) [@That\_Don\_Guy](https://boards.straightdope.com/u/That_Don_Guy)\ **Post date:** [January 15, 2025, 6:35pm UTC](https://boards.straightdope.com/t/whats-the-mechanism-for-keeping-trump-off-2028-ballots/1012931/25 "2025-01-15T18:35:24Z")
> [@Hari\_Seldon](#): > > Remember that although the candidates names’ are actually on the ballot, you are voting for electors in fact. So if the relevant authorities of a state allow electors to run who pledge to vote for the CF (convicted felon) to run, who is there to stop them. If this happens in enough southern and plains states to add up to 270 and they are elected, then go to their state capitals on the appointed day in December of 2028 and vote for the CF and the governors sign off on this, and then congress accepts the vote, at which point along this complicated path is there anyone to say STOP? When it gets to the point where, on January 6, 2029, somebody points out that he “cannot be elected President.” If the Supreme Court somehow decides that the 23rd Amendment does not apply, then nobody can say, “Stop” - at least, not without a revolution, which would almost certainly turn into another civil war, in which case, the question becomes, which side(s) does the Army take? (“He can’t be President again, so he’s not our Commander-in-Chief.” “The Supreme Court says he _is_ the President, and it’s your job to defend him.”) Personally, I think that not even Clarence Thomas would find a way for Trump to be elected directly. I see that someone else has joined me on the “the 23rd Amendment just says he can’t be _elected_ President; nothing about not being elected Vice-President and then becoming President that way” bandwagon. What wouldn’t surprise me: a group of Democrats introduces a Constitutional Amendment to fix this loophole, and when the Republicans either keep it from reaching either house’s floor or vote against it, the Democrats use it as an excuse that the party wants Trump to be President For Life. ---
**Author:** ![RickJay](https://avatars.discourse-cdn.com/v4/letter/r/bb73d2/32.png) [@RickJay](https://boards.straightdope.com/u/RickJay)\ **Post date:** [January 15, 2025, 6:46pm UTC](https://boards.straightdope.com/t/whats-the-mechanism-for-keeping-trump-off-2028-ballots/1012931/26 "2025-01-15T18:46:02Z")
> [@That\_Don\_Guy](#): > > I see that someone else has joined me on the “the 23rd Amendment just says he can’t be _elected_ President; nothing about not being elected Vice-President and then becoming President that way” bandwagon. Well, the 23rd Amendment is about giving DC residents a vote. The 12th Amendment to the Constitution does, in fact, say he cannot be Vice President. ---
**Author:** ![Hari\_Seldon](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/hari_seldon/32/5173_2.png) [@Hari\_Seldon](https://boards.straightdope.com/u/Hari_Seldon)\ **Post date:** [January 15, 2025, 9:35pm UTC](https://boards.straightdope.com/t/whats-the-mechanism-for-keeping-trump-off-2028-ballots/1012931/27 "2025-01-15T21:35:37Z")
Also, the 22nd amendment only says he cannot be **elected**. So the route through being appointed House speaker, followed by the resignation of the president and VP would still be constitutional. On the other hand, the persons elected to those positions might well change their minds after the election and the CF be left cooling his heels in the House. ---
**Author:** ![Smapti](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/smapti/32/17938_2.png) [@Smapti](https://boards.straightdope.com/u/Smapti)\ **Post date:** [January 15, 2025, 9:55pm UTC](https://boards.straightdope.com/t/whats-the-mechanism-for-keeping-trump-off-2028-ballots/1012931/28 "2025-01-15T21:55:44Z")
Trump launched his 2020 campaign on the day he was sworn in in 2017, so if he actually has any real world intentions of trying to dispense with the Constitution, we ought to know in five days. ---
**Author:** ![Der\_Trihs](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/der_trihs/32/233_2.png) [@Der\_Trihs](https://boards.straightdope.com/u/Der_Trihs)\ **Post date:** [January 15, 2025, 10:08pm UTC](https://boards.straightdope.com/t/whats-the-mechanism-for-keeping-trump-off-2028-ballots/1012931/29 "2025-01-15T22:08:34Z")
He’s _never_ shown any concern for the Constitution, or the law in general. There’s never been any question of _if_ he intended to violate the Constitution; it’s a given, and has been his entire life. Trump does not willingly abide restraints on his actions of any sort. The issue is if _somebody else_ is willing and able to _force_ him to obey the Constitution. Something I find unlikely. ---
**Author:** ![squidfood](https://avatars.discourse-cdn.com/v4/letter/s/a87d85/32.png) [@squidfood](https://boards.straightdope.com/u/squidfood)\ **Post date:** [January 15, 2025, 11:06pm UTC](https://boards.straightdope.com/t/whats-the-mechanism-for-keeping-trump-off-2028-ballots/1012931/30 "2025-01-15T23:06:20Z")
In my state, to get on the ballot you need to sign an oath that at the time of declaration, you are “legally qualified to assume office” and that you swear to “support the Constitution and laws of the United States.” Maybe signing that will be the crime that finally nabs him. ---
**Author:** ![Stranger\_On\_A\_Train](https://avatars.discourse-cdn.com/v4/letter/s/13edae/32.png) [@Stranger\_On\_A\_Train](https://boards.straightdope.com/u/Stranger_On_A_Train)\ **Post date:** [January 15, 2025, 11:13pm UTC](https://boards.straightdope.com/t/whats-the-mechanism-for-keeping-trump-off-2028-ballots/1012931/31 "2025-01-15T23:13:57Z")
[![](https://img.youtube.com/vi/D9mbhr4YYRg/hqdefault.jpg "Possibly John Oliver's funniest skit this season!! We Got Him Compilation.") ](https://www.youtube.com/watch?v=D9mbhr4YYRg&t=12s) Stranger ---
**Author:** ![E-DUB](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/e-dub/32/403_2.png) [@E-DUB](https://boards.straightdope.com/u/E-DUB)\ **Post date:** [January 15, 2025, 11:21pm UTC](https://boards.straightdope.com/t/whats-the-mechanism-for-keeping-trump-off-2028-ballots/1012931/32 "2025-01-15T23:21:49Z")
People concentrated so much on the “insurrection” clause that the “rebellion against the same” clause was overlooked. (“The same” being a clear reference to the Constitution.) By attempting to stay beyond his elected term of office, trump was prima facie in rebellion against the Constitution. Not merely by his actions on J6, but due to the entire mosaic of actions with that end in mind of which J6 was but a single tile. ---
**Author:** ![That\_Don\_Guy](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/that_don_guy/32/538_2.png) [@That\_Don\_Guy](https://boards.straightdope.com/u/That_Don_Guy)\ **Post date:** [January 15, 2025, 11:49pm UTC](https://boards.straightdope.com/t/whats-the-mechanism-for-keeping-trump-off-2028-ballots/1012931/33 "2025-01-15T23:49:47Z")
> [@RickJay](#): > > > [@That\_Don\_Guy](#): > > > > I see that someone else has joined me on the “the 23rd Amendment just says he can’t be _elected_ President; nothing about not being elected Vice-President and then becoming President that way” bandwagon. > > Well, the 23rd Amendment is about giving DC residents a vote. > > The 12th Amendment to the Constitution does, in fact, say he cannot be Vice President. My bad - it’s the 22nd Amendment. And if you read my other takes on this (for example, [this one from 2011](https://boards.straightdope.com/t/hillary-obama-a-fanciful-scenario-but-the-only-one-that-would-worry-me-at-this-point/599407/66)), no, the 12th Amendment does not say that he cannot be Vice President - well, at least not because he would have already served two terms as President. If you think otherwise, then show me where - but if you say “the 22nd Amendment makes him ineligible,” read the fifth word of that Amendment carefully. ---
**Author:** ![RickJay](https://avatars.discourse-cdn.com/v4/letter/r/bb73d2/32.png) [@RickJay](https://boards.straightdope.com/u/RickJay)\ **Post date:** [January 16, 2025, 12:05am UTC](https://boards.straightdope.com/t/whats-the-mechanism-for-keeping-trump-off-2028-ballots/1012931/34 "2025-01-16T00:05:02Z")
But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States. ---
**Author:** ![Smapti](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/smapti/32/17938_2.png) [@Smapti](https://boards.straightdope.com/u/Smapti)\ **Post date:** [January 16, 2025, 12:08am UTC](https://boards.straightdope.com/t/whats-the-mechanism-for-keeping-trump-off-2028-ballots/1012931/35 "2025-01-16T00:08:39Z")
> [@E-DUB](#): > > People concentrated so much on the “insurrection” clause that the “rebellion against the same” clause was overlooked. (“The same” being a clear reference to the Constitution.) By attempting to stay beyond his elected term of office, trump was prima facie in rebellion against the Constitution. Not merely by his actions on J6, but due to the entire mosaic of actions with that end in mind of which J6 was but a single tile. I’m sure most of us agree on that, but unless he’s been found guilty of insurrection in a federal court he can’t be disqualified from office on the basis of “C’mon, everyone knows he did it”. The 14th amendment also guarantees him due process of law, which is good, because we don’t want red states arbitrarily deciding in 2028 that the Democratic nominee is an insurrectionist because “they didn’t close the border” or “they talked to Jyna” or some other BS. ---
**Author:** ![Pardel-Lux](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/pardel-lux/32/20182_2.png) [@Pardel-Lux](https://boards.straightdope.com/u/Pardel-Lux)\ **Post date:** [January 16, 2025, 12:15am UTC](https://boards.straightdope.com/t/whats-the-mechanism-for-keeping-trump-off-2028-ballots/1012931/36 "2025-01-16T00:15:52Z")
> [@Stranger\_On\_A\_Train](#): > > The reality is that Donald Trump is a not particularly healthy or cogent man would be 82 by the time he could take a hypothetical third term, and actuarily **the odds are not particularly favorable for him surviving this term.** [bolding mine] Sorry to spoil your day, but I am not so sure: 75% of 78 year old males in the UK\* survive until the age of 85 or more, if I understand this life expectancy calculator correctly: > **[Life expectancy calculator - Office for National Statistics](https://www.ons.gov.uk/peoplepopulationandcommunity/healthandsocialcare/healthandlifeexpectancies/articles/lifeexpectancycalculator/2019-06-07)** > > Enter your age and sex in our calculator to find out your life expectancy, and the likelihood of you living to be 100 years old. \* I assume the difference between the average UK and someone like trump is statistically in favour of trump, despite the hamberders. Money helps. The probability that someone aged 78 dies the following year is under 5%. ---
**Author:** ![That\_Don\_Guy](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/that_don_guy/32/538_2.png) [@That\_Don\_Guy](https://boards.straightdope.com/u/That_Don_Guy)\ **Post date:** [January 16, 2025, 1:51am UTC](https://boards.straightdope.com/t/whats-the-mechanism-for-keeping-trump-off-2028-ballots/1012931/37 "2025-01-16T01:51:48Z")
> [@RickJay](#): > > But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States. And what, **specifically** , would make Trump ineligible? Please quote the text in question, and not just an amendment number. ---
**Author:** ![RickJay](https://avatars.discourse-cdn.com/v4/letter/r/bb73d2/32.png) [@RickJay](https://boards.straightdope.com/u/RickJay)\ **Post date:** [January 16, 2025, 1:52am UTC](https://boards.straightdope.com/t/whats-the-mechanism-for-keeping-trump-off-2028-ballots/1012931/38 "2025-01-16T01:52:34Z")
But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States. ---
**Author:** ![Smapti](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/smapti/32/17938_2.png) [@Smapti](https://boards.straightdope.com/u/Smapti)\ **Post date:** [January 16, 2025, 2:03am UTC](https://boards.straightdope.com/t/whats-the-mechanism-for-keeping-trump-off-2028-ballots/1012931/39 "2025-01-16T02:03:44Z")
> [@That\_Don\_Guy](#): > > And what, **specifically** , would make Trump ineligible? No person shall be elected to the office of the President more than twice, and no person who has held the office of President, or acted as President, for more than two years of a term to which some other person was elected President shall be elected to the office of the President more than once. ---
**Author:** ![That\_Don\_Guy](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/that_don_guy/32/538_2.png) [@That\_Don\_Guy](https://boards.straightdope.com/u/That_Don_Guy)\ **Post date:** [January 16, 2025, 2:25am UTC](https://boards.straightdope.com/t/whats-the-mechanism-for-keeping-trump-off-2028-ballots/1012931/40 "2025-01-16T02:25:20Z")
Trump isn’t being _ **elected** _ President a third time. There is nothing in that Amendment that prevents him from becoming President through other means, including, but not limited to, being elected Vice-President, which, you may notice, is **not** banned by that Amendment. [Previous page](https://boards.straightdope.com/t/whats-the-mechanism-for-keeping-trump-off-2028-ballots/1012931.md?page=1) [Next page](https://boards.straightdope.com/t/whats-the-mechanism-for-keeping-trump-off-2028-ballots/1012931.md?page=3)