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In reply to the discussion: Trump won't rule out seeking a third term in the White House, tells NBC News 'there are methods' for doing so [View all]Self Esteem
(2,098 posts)61. This is just whistling past the graveyard.
The constitution allows for enough ambiguity as it relates to the 22nd Amendment and the 12th that I could absolutely see the Supreme Court ruling in his favor if he decided to run as Vice President with Vance on the ticket as President.
The 22nd Amendment was worded just poorly enough that it can be manipulated in an argument since it only stipulates that a person cannot be elected to the office of President more than twice:
Here is how the Amendment reads:
No person shall be elected to the office of the President more than twice...
Elected is the key word here because in this scenario, Trump technically wouldn't be elected president. He would assume the presidency through the line of succession. In this scenario, he would be elected to the office of VICE President. An example that would certainly be used is that Gerald Ford was not elected president. Hell, he wasn't even elected Vice President. He assumed the office, though, when Nixon resigned.
Now how does that work with the 12th Amendment, which forbids those who are not eligible for the presidency to serve as president?
Simple: the 22nd Amendment only discusses elections - not service requirements as outlined in the 12th (age and citizenship). It can be argued that because the 22nd Amendment only specifies those elected to the office of Presidency, and not appointed or assuming the office through the line of succession, that Trump qualifies for the presidency as he meets the eligibility qualifications of age and citizenship.
Would it be a successful argument? I'm inclined to say no as the intent of the 22nd Amendment is pretty clear. But with this Supreme Court? I'm not confident at all they wouldn't rule the loophole is legal and therefore Trump running as VP does not disqualify him from the presidency.
The biggest issue would be how the Supreme Court understands 'constitutionally ineligible' to serve. It does say in the 22nd Amendment that the Vice President must be constitutionally eligible to be president. But again, whether Trump (or any other two term serving president) is eligible would come down to the 22nd Amendment and the interpretation of 'elected'. The case would be that since Trump is not being elected to the office of Presidency, as it clearly is outlined in the 22nd Amendment, therefore his being on the ticket would not make him constitutionally ineligible. Flimsy interpretation of the law? Absolutely. One they'll try? If he decides to go that course ... absolutely again. One the Supreme Court will rule in his favor over? I wouldn't put it past 'em.
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Trump won't rule out seeking a third term in the White House, tells NBC News 'there are methods' for doing so [View all]
highplainsdem
Mar 30
OP
A toadying GOP rep who introduced a bill to let a president serve a third term specifically excluded
highplainsdem
Mar 30
#7
Obama has no interest in running or doing anything beyond the bare minimum every four years.
Self Esteem
Mar 30
#23
Guess it's never occurred to him that if he managed to get that legalized somehow, he would be creamed by Obama.
Vinca
Mar 30
#8
Don't forget Strom Thurmond, Jesse Helms, etc. He doesn't drink and so far seems cogent (in relative terms).....
Evolve Dammit
Mar 30
#34
Trump may try the Executive Order route, after all he has directly challenged the 14th amendment, why not the 22nd
andym
Mar 30
#14
Pay per view. Now that would get him real ratings. Ali vs. an out-of-shape White Hope. Sting like a bee. n/t
Evolve Dammit
Mar 30
#37
Him running as VP wouldn't work either. The VP has to be ready to assume the presidentcy
PortTack
Mar 30
#33
MaddowBlog-Despite the Constitution, Trump says he's 'not joking' about eyeing a third term
LetMyPeopleVote
Mar 31
#72
The marmalade shartcannon will not make to any ballot, but he can raise a boatload of money
Brother Buzz
Apr 19
#79