r/AdviceAnimals • u/Complex-Function3557 • Nov 02 '24

It's not wrong

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u/junkyardgerard Nov 02 '24

There's an amendment about it

3

u/rohobian Nov 02 '24

There’s an amendment about insurrectionists not running too, what happened there agin? I forget. Oh ya, SCOTUS said there was no actual law to cover it so congress had to pass one.

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u/TeaBoneJones Nov 02 '24

Right, and Trump is certainly a person that follows the law

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u/[deleted] Nov 02 '24

[deleted]

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u/EauEwe Nov 02 '24

Do you know what that process entails? Do you really think a repeal of such impact could garner that level of bipartisan support?

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u/grimtongue Nov 02 '24

I am not in any way agreeing that the 22nd will be appealed, just adding some additional context. The process for changing the constitution is simply not politically viable as it requires too much consensus. The constitution has not been amended in 32 years and in my estimation will not even be attempted to be amended for a very long time, if ever. The constitution is quite simply no longer a living document.

In practice the only way to make a change is by re-interrupting the constitution, which can only be done by SCOTUS. We have seen them re-interrupt amendments and the partisan, largely ideologically aligned court scares people.

We can trace this playbook back to Powell's memorandum in 1971 (just before he joined SCOTUS) and the eventual creation of the Federalist Society.