Trump Would Be Constitutionally Barred on His Own Theory

Suppose Trump were right that Congress should have made him president because it was actually he who was Constitutionally elected in 2020.

Then he is ineligible to run in 2024 by the 22^nd Amendment. “No person shall be elected to the office of the President more than twice.”

You think he cannot have been “elected to the office” because he did not serve as President for a second term? Well, the Constitution is clear that one can be elected and not serve. There is another constitutional requirement in addition to being elected. One must take the presidential oath. “Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation:– I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.” Art. 2, § 1

He did not take the oath, and doesn’t so much as claim that he did. So it cannot be inferred fnrom the fact that he did not enter on execution of the office that he was not, as he contends, elected. On his own theory, then, he cannot now seek to be elected again. 

I am not suggesting that states should bar Trump from primary or general election ballots. Trumps theory that he was elected president "in reality" cannot be used to bar him because the theory has no relation to reality.

Start from the demonstrably false premise that Trump received the majority of votes in enough of the swing states to have a majority of electors had his electors been certified. It remains the fact that those electors were not certified. The count of certified electors "in the Presence of the Senate and House of Representatives" went against him. President of the Senate declared Biden to be elected. Trump ignores a lot of Article 2 in claiming that he was elected. His theory is wrong on the law as well as the facts.

In fairness to Trump, his various claims about fraud do not always suggest that he was elected. Sometimes they sound only as if he should have been elected. The inconsistencies among “I won the election,” “The election was stolen,” “The election was rigged,” and “The count was a fraud” are not of interest to Trump. Consistency is important for truth, but it need not be for effect. Trump is all about effect.