Right, we need to stop helping our little would-be tinpot dictator pry open that Overton window wider and wider. Better to keep pointing out that the orange Emperor of Fox Nation has no damn clothes.
Perhaps not because he’s being elected to an office that could lead to the presidency. However he could run a ticket of chumps, have the new VP resign and new President appoint him as VP, then that president immediately resigns so Trump becomes president like Ford did.
I have to think that this argument is at least colorable enough in the courts to get past first base, but shudder to think what would happen with an even more corrupt Supreme Court.
But... couldn't they point to the specific language "elected President" and not "be President" as referring only to being duly elected into that office? How silly of them to not think of tyrant Trump when they fashioned the text back then.
He can be someone’s running mate and be elected VP and that person can resign and make him President. Or he can serve as Speaker of the House which can be anyone - you don’t have to even be elected to Congress - and the President and VP resign and he’s President. Unlikely? Obviously. Impossible? No
Or have a President and VP elected who then resign, the VP first, then the President appoints him VP. That would spare him having to obtain the Speakership
if you ineligiable for the presidency the line of succession skips you. he could be VP, but the presidentvresigning means the speaker of the house becomes president.
It's not complicated. It's literally two unambiguous Constitutional provisions. Anything else you're reading is something other than "con law analysis."
It is actually quite complicated, because plain text those provisions state that you can’t be ELECTED to a third term. They say nothing about eligibility for serving another term.
The intent of the amendment was to prevent something from serving more than two and a half terms as president of the US, in order to prevent a president for life, which was basically what FDR had been. Laws aren't just text, they need to be interpreted.
under what judicial philosophy. it is exceedingly implausible that the drafters wanted to prevent someone from being elected to 3 full terms, but let space for someone to sneak into it without being elected at all (if VP can be president, then speaker can, and speakers can be unelected).
Under the plain text of the constitution. It just says you can’t be elected a third time. Says nothing about not serving a third term. Yes I agree that’s what they meant but then again nobody back then saw maga happening when it comes to a lot of different things
When Trump says “there are ways this can be done” you can bet he has lawyers on the case right now. Best check now every possible loophole e.g. does the 22nd amendment count if the USA is at war? While Congress, the Senate and the Supreme Court are packed with his bitches, anything is possible.
If he makes it through this term, he’ll be 82. He can barely read or form a complete sentence as it is, & all his supporters will have died from some disease thanks to RFK jr, or starvation cause he’s “unemploying” them all & everything is more expensive. It won’t happen. Hitler also shot himself…
No "Trump says" and then "Critics say" back and forth on this.
And, the same way he has kept up his talk about stealing Greenland, he could keep this unconstitutional talk going unless it is unequivocally refuted each and every time.
The House GOP elects him Speaker of the House on January 20, 2029 at 12:01 pm. The newly sworn in GOP president & his VP immediately resign. As the Speaker of the House he ascends to the presidency under the Presidential Succession Act.
I gave my solemn oath to Our Constitution, to defend it against all enemies foreign and domestic.
Trump is THE DOMESTIC ENEMY of Our Constitution, Our Founding Principles, our nation.
I am willing to stand before trump and his goons, to give my life to ensure trump does not accomplish a third term.
the president can't cut entire agencies or cripple them so they can justify privatizing them... or invade Greenland.. or profit of the office.. or go against NATO, but here we are, he's doing these things.. so he absolutely can serve a third term with the right regime and power in place.
Congress can change the law; they've done it before. You know they vote as Crazy Man dictates because they are cowards. I've read a lot of Hitler history, how he took absolute power, and its quite easy, actually. Hegseth has a book out stating he doesn't believe in democracy. Hint; military rule.
He may not serve this term, either, due to the Insurrection Clause. But because the legal profession didn't fight for the 14th Amendment, he figures he can steamroll the 22nd.
Literally the way to stop this "third term" talk is to challenge his right to serve the current term. Same principle as fighting a fascist army in the country they've already invaded, rather than claiming you'll fight if they invade another one.
You are correct. But it's also true that if you participate in or inspire a violent insurrection on the country, you are never supposed to be able to hold public office ever again, and be thrown in prison.
He'd be an improvement over Trump in terms of actual damage done to our country. Vanceism is worse than Trumpism, but Trump is getting his shit done while Vance has the political appeal of a syphilitic durian.
I honestly don't know who would be worse. Vance would be more competent, but I don't think he has actual principles. He could be manipulated by almost anyone.
He’s going to have to declare at some point & register his campaign. Would that give opportunities for legal challenges? A declaratory judgment he can’t run again.
Oy. I forgot that some people might not get this reference: yes, FDR won four terms (but died less than 3 months into #4). Reason being: while Washington established a tacit two-term "limit," it was never formalized into law.
The 22nd Amendment, ratified in 1951, established the two-term maximum.
But no, Trump can't "declare" himself ruler for life, short of the US fully migrating to a Russia-style dictatorship. But unlike Russia, we have a deeply entrenched constitution & tripartite gov't system that'll sure as fuck do EVERYTHING to prevent that possibility. (Only a remote one, but still.)
Some less-than-ethical legal scholars are, as we speak, scribbling away, drafting Op-eds for the NYT vouching for that very thing. Within a week, the NYT will refer to it as a "contentious" issue. Within the month the 1st articles will appear asking which Dem frontrunner can defeat Trump in 2028.
Okay, if he can we can then Obama can run too. Not that he needs to spend his life doing clean-up every time the GOP shits on the floor, or in this case, all the floors
He can't be elected to the office twice. Appointed, though, might be okay. And in an emergency (you know, an invasion of gang members), when you can't hold a reliable election, who else should be president other than the guy already holding the office?
(1) because doctrinally it’s extremely easy to extend, you could practically cut and paste “14” with “22” in the Trump v Anderson opinion to get the same result,
(2) the court is already bad, there’s a reasonable chance it will get worse by 2028, and
But they seem quite different. If I understand correctly, Anderson limits a State's authority to determine that the candidate was an insurrectionist. It seems quite different than the 22nd which limits the number of terms? What's would be the theory the 22nd doesn't apply?
(3) if you prepare for the worst outcome in courts on this and you end up being *wrong*, you’ll still have done the correct thing. there is no downside to being prepared.
When Trump and Musk start messing with the US Election Assistance Commission, we will fall. Elections will be cancelled due to zero protections and zero funding to states.
ah but in this 88 page article I will explain why, akshually, the authors of the 22nd Amendment didn't intend to include presidents who lost and then won again becau-
No, they won't. That's what frustrates me the most. The just endlessly go on about how Trump and his minions troll and wink about running in 2028 and about how they don't really rule it out and about how we should take that seriously. But they don't say a word about how they'd actually do it.
This is not your biggest problem.
The United States occupies Canada and Greenland according to the Kremlin's scenario, which destroys Article 5 of NATO and opens the way for the Kremlin to enter the Baltic States and Europe.
Mid-21st century - the US + Russia are at war with a coalition of China + Europe + Australia and others.
Ви його обрали. Самі.
В нас з Зеленським теж так було. Війна - четвертий рік тільки повномасштабного вторгнення.. а до цього?...
Well, no one thought a proven adjudicated felon could serve either. I do have a suggestion for the media though. Since no one in his party has uttered one syllable in opposition to this or any other action or proposed action by him, don’t call them Republicans. It’s North American Ba’athist Party.
I'm sure it's always been on the tip of his tongue but today was a good time to slip it into an interview bc he REALLY needs a distraction from Signalgate.
What would you say the odds are of him finding a constitutional loophole due to the fact he served two non consecutive terms? The 22nd seems pretty ironclad to me.
The Constitution is perfectly clear that a POTUS can only serve two terms. If he tries to run then too many states will refuse to put him on their ballots for him to win.
I forgot that. He still has to win, and did he win when he ran as an incumbent POTUS before, even with the advantage of incumbency? Americans blame the current Administration for things, and why Harris lost.
This is the important question. I'm sure no court will allow him to run, but will they allow anyone else to stop him? In the 14th Amendment case, they said no state was empowered to remove the president from the ballot.
Sadly I agreee with this, he is a full blown DICK-tater, incapable of letting that power go willingly. We will need to persuade him to leave one way or another.
Trump openly breaking what is clearly prescribed in the text of the constitution requires States to begin a pre-emptive freeze on federal authority until such time as amendments are approved or rejected and sworn to be upheld. He is in serious violation of his oath which removes his authority.
They are also extremely poor and would not last long without the wealth of the blue states. Time to strengthen US democracy by having a true popular vote for the president and fair senate rep by population. Small states like North Dakota have ten times the vote power per person than NY or CA.
And huge DC law firms who cave into financial blackmail & agree to work for free for a fragile fascist should no longer be Officers of the Court-yet here we are. The military needs to intervene. Since zero Dems are asking: I AM!
Drag them out.
If the last 70 have proven anything, it's that this man will do whatever it takes to ensure that he dies while in office. There is no denying that this nation is already dramatically different than it was 70 days ago. Things I thought weren't possible here have happened.
Can’t he run on a ticket in 2028 as the VP and if the ticket wins, the newly elected President would resign and voila Trump would be President again. That’s his plan.
I think you are underestimating Trump's ruthlessness. He has no respect for the law nor the Constitution. Look at his resume...yet not only is he a free man, he is the actual President. And all applicable checks and balances are being dismantled before our eyes.
Anthony, you’re a smart guy but you should think differently about how laws and norms apply now. Start by answering, who will stop him? Who will see through the court’s orders?
May not "legally" serve a third term, but given that he can't "legally" take away funds that Congress has allocated he's trying really really hard to do that too. So yeah, it wouldn't be legal but that doesn't mean he won't serve a additional terms.
Yes, sure, but the framers of the 22nd Amendment intended it to enact Lord Coke’s understanding of election as represented in his 1589 decision In re Chodes, in which he held that the term of the King was eternal. — conservative law professors, soon.
While the constitution clearly prohibits candidates who have been elected twice from serving as president, it doesn’t say they can’t be elected a third time. So, states cannot legitimately ban such candidates from the ballot. — Future John Roberts.
Contrary to the Chief Justice, the 22nd Amendment does prohibit any person being elected three times. However, it says nothing about how often a person may hold the office of the presidency after seizing it without election. — Justice Alito, concurring in judgement.
Presidents are also supposed to abide by the rulings of the courts, and the power of the purse is supposed to be the legislature's exclusive domain. So I guess the obvious followup question to your post is: Who's gonna stop him? The Democrats letting him do whatever he wants right now? His GOP? You?
Well, if the Senate and the House substantially change in January 2027, he might not serve his Second Term completely, and might finally get Impeached and Removed for all of the Unconstitutional Crap he has been doing.
They don't have to be politically effective when you live in duopoly and one political party is literally burning the country to the ground right now, and it ain't the dems doing it!
The president must produce his taxes.
The president must divest from his business holdings.
The president must not fire a director of the FBI for investigating him.
The president must not instigate an insurrection.
Etc. Etc. Ad nauseum.
Comments
See if they understand
Nevermind a 3rd term.
#ThirdTermNotAnOption
No different than if you had a 25 year old as VP or the Speaker of the House.
Is anything complicated about that text?
And, the same way he has kept up his talk about stealing Greenland, he could keep this unconstitutional talk going unless it is unequivocally refuted each and every time.
I’ll be amazed if he’s still president at the end of ‘28.
Trump is THE DOMESTIC ENEMY of Our Constitution, Our Founding Principles, our nation.
I am willing to stand before trump and his goons, to give my life to ensure trump does not accomplish a third term.
folks arrested for expressing first amendment rights, allies issuing travel warnings to US as result
Leaders freely use non-secured phones about war, others serving 15-year sentences for similar
Congressional funded agencies canceled
Greenland / Canada
https://bsky.app/profile/flyingpace.bsky.social/post/3ldj4zyuyqk2w
Our only hope is his famous love of McDonald’s.
👊🔥🇺🇸
When he throws a stick in the weeds, don't chase it.
Instead, ask yourself why he threw it, what is he trying to distract from?
Today's stick in the weeds: "... he is considering a third presidential term"
Question: ‘Why?’
Answer: To distract from SignalGate.
Fingers crossed for 25th Amendment!
Not sure who has standing.
Particularly the dipshits who try to argue that they did it for FDR. 🤦♂️
The 22nd Amendment, ratified in 1951, established the two-term maximum.
They don't give a fvck about the Constitution and have faced zero consequences for the CRAZY ass sh!t they're doing and have done in the past
"presidents have absolute immunity for acts committed as president" - He can anything...
He’ll be six feet under by the time 2028 comes around.
You know this will be the argument . . .
But why would we assume that?
(2) the court is already bad, there’s a reasonable chance it will get worse by 2028, and
https://bsky.app/profile/murgatroidbonbon.bsky.social/post/3lh7dzkar5s2w
The United States occupies Canada and Greenland according to the Kremlin's scenario, which destroys Article 5 of NATO and opens the way for the Kremlin to enter the Baltic States and Europe.
Ви його обрали. Самі.
В нас з Зеленським теж так було. Війна - четвертий рік тільки повномасштабного вторгнення.. а до цього?...
So, just consider all of the pots this admin is stirring btwn Canada, Greenland and Iran. A lot of big options on the table
Shitler isn't going to have another election.
Drag them out.
And I think we all like to wishcast ways he isn’t elected, but it’s just that wishcasting.
Cholesterol or heart disease will do their job before 2028.
Even Laurence Tribe doesn’t think it’s absolute
https://bsky.app/profile/tribelaw.bsky.social/post/3lloa6bayoc2g
But I also think it’s dangerous to just rely on precedent because a whole lot of them have been shattered already
Mark my words, he will run.
26 million $...you there DOGE?
The president must divest from his business holdings.
The president must not fire a director of the FBI for investigating him.
The president must not instigate an insurrection.
Etc. Etc. Ad nauseum.