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LetMyPeopleVote

(166,531 posts)
63. Tamping down the third term hype for Trump
Sun Mar 30, 2025, 07:17 PM
Mar 2025

Believe or not, this issue was discussed a while back when there were discussions about Bill Clinton running as vice-president on a Gore-Clinton ticket. The thought was that Gore would resign after the election and President Clinton could serve a third term. This concept was discussed and rejected.

The three ways that trump could run for a third term (i) a constitutional amendment, (ii) trump running as vice president and then have his running mate resign and (iii) trump becoming speaker of the house and then the POTUS and Vice President resigning.

A constitutional amendment is not likely. https://upload.democraticunderground.com/?com=view_post&forum=1014&pid=3380306 It is unlikely that such an amendment could get through congress much less be ratified by the required number of states.

The third option has so many variables that it is also unlikely. trump would have to be appointed/elected as Speaker and then both the POTUS and the VP resign. This option does not have the 12th Amendment issue but has so many variables that it is unlikely

The 12th Amendment is clear that no one can run as VP if they are not eligible to run as POTUS. I agree with the legal analysis set forth below.




https://electionlawblog.org/?p=149214
As I told the Associated Press:

Derek Muller, a professor of election law at Notre Dame, noted that the 12th Amendment, which was ratified in 1804, says “no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.”

Muller said that indicates that if Trump is not eligible to run for president again because of the 22nd Amendment, he is not eligible to run for vice president, either.

“I don’t think there’s any ‘one weird trick’ to getting around presidential term limits,” Muller said.

In addition, pursuing a third term would require extraordinary acquiescence by federal and state officials, not to mention the courts and voters themselves.

He suggested that Trump is talking about a third term for political reasons to “show as much strength as possible.”


Now, there’s no question there is potential constitutional ambiguity here, as Professor Brian Kalt has discussed. But scholars like Professor Michael Dorf a quarter century ago were bolstering the idea of a Gore-Clinton ticket in 2000:

Thus, if Clinton were to be elected Vice President, and ascend to the Presidency based on, for example, Mr. Gore’s resignation, then nothing unconstitutional would have occurred. Clinton would have been elected to the Presidency only twice — though he would serve as President thrice. Under the Twenty-Second Amendment, that is perfectly permissible.

. . . But in seeking the Vice-Presidency — a job, in John Nance Garner’s unforgettable phrase, “not worth a bucket of warm spit” — Clinton would hardly be bidding for dictatorial powers.


Similar claims were made by Professor Brian Gray and elsewhere. But in my earlier scholarship, I found this interpretation weaker than the one advanced by Matthew Franck:

It follows from the 22nd Amendment that Bill Clinton, being “constitutionally ineligible” to be elected president, is ineligible to become president by another route. He is, in short, ineligible to be president, and therefore ineligible to become vice president under the 12th amendment.


I agree. But it’s worth noting that if–and I think it’s still a big if–such a gambit arose, there are tremendous complexities in its implementation. Not the least of which is the fact that after Trump v. Anderson, I believe the Court expressly left open the opportunity for states to review qualifications of presidential (and vice-presidential) candidates outside of the 14th Amendment and exclude candidates on that basis. Vice presidential nominations and ballot access deadlines for them occur in late summer, giving an exceedingly truncated window for review–and, frankly, one that may leave a major party without a vice presidential candidate on the ballot in several states with the approval of the United States Supreme Court. (Setting aside, of course, the will power of someone like J.D. Vance relinquishing the presidency.)

I really enjoy Professor Hasen's election law blog. This article made me smile.

Finally, I doubt that trump will live long enough for these options to be necessary.

Recommendations

1 members have recommended this reply (displayed in chronological order):

As many on Bluesky have said: choie Mar 2025 #1
A toadying GOP rep who introduced a bill to let a president serve a third term specifically excluded highplainsdem Mar 2025 #7
Doing what they do best...wasting time & money NotHardly Mar 2025 #21
obama? DonCoquixote Mar 2025 #11
I used to joke about that Hieronymus Phact Mar 2025 #15
and a box of Cigars! DonCoquixote Mar 2025 #20
Obama has no interest in running or doing anything beyond the bare minimum every four years. Self Esteem Mar 2025 #23
Perhaps you missed his many instances of support for the Harris campaign? mahina Apr 2025 #75
Perhaps you missed the part where I said 'every four years'? Self Esteem Apr 2025 #80
"A lot of people want me to do it" dweller Mar 2025 #2
This message was self-deleted by its author wyn borkins Mar 2025 #60
We're on to your game Diaper Don. johnnyfins Mar 2025 #3
There certainly is one method that's 100% true Polybius Mar 2025 #4
He's saying this so he won't seem like a lame duck. Intractable Mar 2025 #5
Healthwise, he's not up for this one BonnieJW Mar 2025 #25
But, but Biden was too old!! n/t the nelm Mar 2025 #49
In your dreams, Donnie! ProudMNDemocrat Mar 2025 #6
King Donald..... SergeStorms Mar 2025 #70
Guess it's never occurred to him that if he managed to get that legalized somehow, he would be creamed by Obama. Vinca Mar 2025 #8
Evidently not - see comment #7 TommyT139 Mar 2025 #47
He's 78 and fading fast NickB79 Mar 2025 #9
Yes... to everyone but him. n/t Harker Mar 2025 #18
Don't forget Strom Thurmond, Jesse Helms, etc. He doesn't drink and so far seems cogent (in relative terms)..... Evolve Dammit Mar 2025 #34
He is already homegirl Mar 2025 #41
He leaves the White House for good on or before 1/20/2029...... lastlib Mar 2025 #10
And there are alternative ways to MAKE Captain Zero Mar 2025 #54
As Carl said to that Boy Traildogbob Apr 2025 #77
Of course, gotta keep the grift going JoseBalow Mar 2025 #12
In Trump's fried and senile little mind.... Escape Mar 2025 #13
Dang, I'd like to see him run the Derby! tanyev Mar 2025 #57
Damn, you beat me to it! robbob Mar 2025 #66
It's for entire horses, not horses' asses. n/t valleyrogue Apr 2025 #82
Trump may try the Executive Order route, after all he has directly challenged the 14th amendment, why not the 22nd andym Mar 2025 #14
Just more Abstractartist Mar 2025 #16
It's 50/50 probability he will try to run again. Irish_Dem Mar 2025 #17
Against Obama. tavernier Mar 2025 #22
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 2025 #37
Obama isn't going to run. He's completely checked out. Self Esteem Mar 2025 #59
There is absolutely ZERO chance he will try to run again. Wiz Imp Mar 2025 #44
This is just whistling past the graveyard. Self Esteem Mar 2025 #61
Ha ha. Sure Trump will follow the laws and constitution. Irish_Dem Mar 2025 #67
I think Satan would have brought him home by then. Joinfortmill Mar 2025 #19
Don the Distractor. Squirrel! bronxiteforever Mar 2025 #24
"a lot of people would like me to" Yeah? Name them. Grins Mar 2025 #26
Yes, homegirl Mar 2025 #42
His rube supporters would be delighted. Turbineguy Mar 2025 #27
Oh but according to some people on another thread.... AkFemDem Mar 2025 #28
He really cares naught for the Constitution. AllyCat Mar 2025 #29
It worked for Putin. Bluetus Mar 2025 #30
12th Amendment Bluetus Mar 2025 #69
There are only two realistic options and both are unlikely. Self Esteem Mar 2025 #31
Him running as VP wouldn't work either. The VP has to be ready to assume the presidentcy PortTack Mar 2025 #33
I explained why it could work. Self Esteem Mar 2025 #43
Trump still insists he WAS elected in 2020. DFW Mar 2025 #52
Thanks for the laugh WA-03 Democrat Mar 2025 #53
He thinks he hasn't had enough headlines today. Klarkashton Mar 2025 #32
"Unconstitutional" doesn't mean shit to this administration. Karasu Mar 2025 #35
So that means rambler_american Mar 2025 #36
iNQUIRING MINDS WANT TO KNOW homegirl Mar 2025 #38
All 3 claudette Mar 2025 #40
There are not claudette Mar 2025 #39
Illegal president mac56 Mar 2025 #45
These lines subg by liberalhistorian Mar 2025 #46
The other method he refused to explain is dictator for life. Martin Eden Mar 2025 #48
His simplest method is to... WestMichRad Mar 2025 #50
I'd like T*ump to be in prison for a third term. COL Mustard Mar 2025 #51
This wannabe king thinks he can use a similar dodge as Putin did in Russia. Eugene Mar 2025 #55
Don't fall for another one of his distractions jgmiller Mar 2025 #56
When does it start being real then? Self Esteem Mar 2025 #58
My point is there are plenty of things now to go after him for jgmiller Mar 2025 #62
I feel he's doing this now to exactly pacify us to the idea. Self Esteem Mar 2025 #65
LOL. No kidding! ANYTHING to bury the signalgate story. PSPS Mar 2025 #64
Tamping down the third term hype for Trump LetMyPeopleVote Mar 2025 #63
Really need his Big Mac diet to activate. EllieBC Mar 2025 #68
KnR Hekate Mar 2025 #71
MaddowBlog-Despite the Constitution, Trump says he's 'not joking' about eyeing a third term LetMyPeopleVote Mar 2025 #72
I also doubt that trump will be around for a third term LetMyPeopleVote Mar 2025 #73
If Obama won't run. . . Collimator Apr 2025 #74
"Let them eat cake" and "Taxes are for little people" bucolic_frolic Apr 2025 #76
Any attempt at this would call for a process to stop his pulse. Callie1979 Apr 2025 #78
The marmalade shartcannon will not make to any ballot, but he can raise a boatload of money Brother Buzz Apr 2025 #79
He only has to run for vice prez Fichefinder Apr 2025 #81
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