CAN TRUMP RUN FOR A THIRD TERM? THE 22ND AMENDMENT FLATLY PREVENTS IT

Perspective from the 19th Hole is the title I chose for my personal blog, which is meant to give me an outlet for one of my favorite crafts – writing – plus to use an image from my favorite sport, golf.  Out of college, my first job was as a reporter for the Daily Astorian in Astoria, Oregon, and I went on from there to practice writing in all my professional positions, including as press secretary in Washington, D.C. for a Democrat Congressman from Oregon (Les AuCoin), as an Oregon state government manager in Salem and Portland, as press secretary for Oregon’s last Republican governor (Vic Atiyeh), and as a private sector lobbyist.  This blog also allows me to link another favorite pastime – politics and the art of developing public policy – to what I write.  I could have called this blog “Middle Ground,” for that is what I long for in both politics and golf.  The middle ground is often where the best public policy decisions lie.  And it is where you want to be on a golf course.

Anyone who knows me knows that I oppose the idiotic idea that Donald Trump could run for a third term.

Of course, after zero analysis, he has suggested he has “methods” for seeking a third term.

Constitutional law scholars are at least skeptical, if not opposed.  The headline on this blog makes that point strongly.

The Washington Post performed a service by writing a detailed story on the idea of a third term because Trump, with bombast and dishonesty, has started talking about it.

And, goodness knows, he is not more than a few months into his second term, which, under U.S. Constitution, should be his last.

Here is how the Post started its story:

“… Trump has suggested that ‘methods’ exist by which he could attempt to serve a third term in the White House, an act that is barred by the 22nd Amendment of the U.S. Constitution.

“’I’m not joking,’ Trump said, in a Sunday interview with NBC News, when asked to clarify speculative comments on the possibility.

“Constitutional scholars say any third run for the presidency would violate both the spirit and the letter of the amendment, which was passed after World War II as a protection against ‘elective monarchy.’”

The 22nd Amendment explicitly prohibits any president from seeking more than two terms, either in consecutive or non-consecutive sequence.  It states:  “No person shall be elected to the office of the President more than twice.”

The amendment was passed by Congress in 1947 and became part of the Constitution in 1951, when it was fully ratified by the states.

So, what could Trump do to stay in office?

  • First, as was the case as his first term ended, he could just stay in office, even to the extent of fomenting a riot at the Capitol as he did last time.  Could something be done to oppose this?  Perhaps, but look at last time and hold your breath.
  • Second, he and his acolytes could contend that the 22nd Amendment bars three “consecutive” terms and his first and second were separated by four years out of office.  Scholars say this won’t fly, but what scholars say won’t stop Trump.
  • Third, some of his supporters have suggested that someone like J.D. Vance could run for president with Trump in the vice president slot and then, if he won, Vance would resign, leaving Trump as president.  Scholars also say this won’t fly.
  • Fourth, the most direct route for Trump would involve repealing the 22nd amendment.  But the Washington Post says it would be a “painstaking and likely lengthy process that would require the passage of another amendment.  Proposed amendments must be passed by two-thirds of both houses of Congress, then ratified by the legislatures of three-fourths of the states.”  Not likely.

From the Post, back to what Trump has said about three terms and reasons why he has said it.

“He has repeatedly floated the possibility that he could run for a third term — although previously couched it in more indirect terms.  In 2019, he suggested in a social media post that his supporters might ‘demand’ it.  In February, he again raised the prospect by asking the attendees of a White House reception whether they would support him running for a third term.

“Over the weekend, Trump made among his most direct public comments to date about the prospect — directly referencing the question of how he could seek a third term and insisting he was not joking.

In a phone interview with NBC News’s Kristen Welker, he suggested that there were plans in circulation to enable him to run for a third term.  ‘A lot of people want me to do it,’ he said.”

Well, don’t count me as one of those “a lot of people.”

One reason why Trump raised this again over the last few days is that his action diverts from the adverse effects of his economic policies – especially huge tariffs – that threaten various economies, especially the one in the U.S.

Again, Trump says whatever happens to pop into his mind and, thereby, controls media coverage.

Late night TV hosts had a field day with the three-term issue.

One comment came from Jimmy Fallon:  “And, finally, Trump ’28:  If You Vote for Me, I’ll Add You to the Top-Secret Group Chat.”

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