There has been way too much to do about Trump’s insistence that he is good for a third term as president…..recently in an interview on one of those propaganda sites that pretend to bring us the news he, Donny, said that he was not joking about a third term….or possibly longer.
President Trump told NBC News over the weekend he was “not joking” about considering a third term because a lot of people want him to do it. And when asked about the issue later aboard Air Force One, Trump added, “We have a long way to go before we even think about that, but I’ve had a lot of people (asking me).” So how serious is all this? A few takes:
- “When Trump entertained questions on his plane about a third term, he had a faint smirk on his face, indicating that the idea hasn’t fully progressed from the joke phase into a plan of action,” writes Jonathan Chait at the Atlantic. “Trump has always understood questions about his abuses of power as a kind of compliment,” he adds. “The prospect of smashing imagined limits on his power gives him an obvious thrill. He is probing, exploring. And when he finds softness, as he so often does when he presses against a supposed boundary, he presses on.”
- The right-wing site Twitchy is reveling in all this because of the widespread coverage of Trump’s comments in the mainstream media. These outlets “clearly cannot see when President Trump is having fun at their expense,” reads the post. “Because they are just that dumb.”
- Pretty much every story takes note of the 22nd Amendment, which stipulates that “No person shall be elected to the office of the President more than twice.” But Trump told NBC there might be ways around that, and entertained Meet the Press host Kristen Welker’s idea of running as JD Vance’s vice president, then having Vance resign. For the record, constitutional scholars say that’s a no-go, per the BBC. “I don’t think there’s any ‘one weird trick’ to getting around presidential term limits,” says Derek Muller, an election law professor at the University of Notre Dame, referencing the 22nd Amendment as well.
- As the debate continues on how serious Trump is about all this, his allies are busy. GOP Rep. Andy Ogles has proposed a change to the Constitution to make Trump eligible because of his non-consecutive terms, notes the New York Times, and Steve Bannon continues to trumpet the idea. Asked by NewsNation’s Chris Cuomo last month how they could get around the Constitution, Bannon said, “We’re working on it,” per Axios.
Personally I believe he is dead serious on his claim…..but for those that relish the idea here is a bit of facts for you….
Lets Look at the Constitution (remember that document?)
On the face of it, the US Constitution seems to rule out anyone having a third term. The 22nd Amendment states:
“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.”
Changing the constitution would require a two-thirds approval from both the Senate and the House of Representatives, as well as approval from three-quarters of the country’s state-level governments.
Trump’s Republican Party controls both chambers of Congress but does not have the majorities needed. Additionally, the Democratic Party controls 18 of the 50 state legislatures.
But with all this constitutional law stuff just how could Donny pull this off?
With all this constitutional law stuff just how could Donny pull this off?
Trump supporters say there is a loophole in the constitution, untested in court.
They argue that the 22nd Amendment only explicitly bans someone being “elected” to more than two presidential terms – and says nothing of “succession”.
Under this theory, Trump could be the vice-presidential running-mate to another candidate – perhaps his own vice-president, JD Vance – in the 2028 election.
If they win, the candidate could be sworn into the White House and then immediately resign – letting Trump take over by succession.
Steve Bannon, the podcaster and prominent former Trump adviser, said he believed Trump would “run and win again”, adding there were “a couple of alternatives” in determining how.
Andy Ogles, a Tennessee Republican in the House of Representatives, introduced a resolution in January calling for a constitutional amendment to allow a president to serve up to three terms – as long as they were not consecutive.
This would mean that only Trump of all living presidents would be eligible – Barack Obama, Bill Clinton and George W Bush all served consecutive terms, whereas Trump won in 2016, lost in 2020, and won again in 2024.
However, the high bar for constitutional amendments makes Ogles’ proposal a pipe dream – although it got people talking.
Legal scholars (I know how much most MAGA dolts hate those guys) have to say about the very idea.
Derek Muller, an election law professor at the University of Notre Dame, said the Constitution’s 12th Amendment says “no person constitutionally ineligible to the office of president shall be eligible to that of vice-president of the United States”.
That means serving two terms in office disqualifies anyone from running as a vice-presidential candidate, in his view.
“I don’t think there’s any ‘one weird trick’ to getting around presidential term limits,” he said.
Jeremy Paul, a constitutional law professor at Boston’s Northeastern University, told CBS New there were “no credible legal arguments” for a third term.
It was the Congress that was so against the multiple terms of FDR that they added an amendment but now that some half-wit is their guy they have changed their tune.
All that said is there a loophole Donny can exploit?
The path for Trump to serve a third and potential fourth term as president until January 2037, at 90 years old, is a very real possibility.
It hinges solely on the interpretation of “election” in the 22nd Amendment and the loyalty of Vice President J.D. Vance.
The VP could choose to have Trump as his vice president in the 2028 election and, after winning the election, announce he resigns as soon as he’s sworn in.
This loophole also requires Trump to remain popular enough to win another two election cycles. (probably not going to happen)
The text of the full 22nd Amendment reads: “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.”
It was ratified into the Constitution in 1951 and was a direct response to Franklin D. Roosevelt winning four consecutive elections during World War 2.
https://knewz.com/how-a-simple-constitution-loophole-could-doom-u-s-to-a-trump-presidency-until-2037/
I do not think that Donny will prevail in this pipe dream….but under his boot anything could be possible.
Thoughts?
I Read, I Write, You Know
“lego ergo scribo”