A Vox reader wrote: “Trump can’t run for a third term, right? (Yes, we know what the Constitution says … but he really, really can’t run for a third term, can he?)”
President-elect Donald Trump has won his second and final term in office.
when Trump joked about running for a third term and has a penchant for promoting authoritarian ideas, He is barred from running again Through the 22nd Amendment to the US Constitution. If he wants to get elected for a third term, he will have to repeal the amendment and that will be difficult. Repeal of a constitutional amendment would require an overwhelming level of support from Congress and state legislatures, support he would be unable to obtain.
Asked whether the 22nd Amendment allowed the president legal recourse or other recourse, Stanford University law professor Michael McConnell, an expert on constitutional law, had a specific answer.
“No. There is no one. This will be his last run for president,” McConnell told Vox.
What the 22nd Amendment says
The 22nd Amendment is strictly limited President from two Applies equally to those who have successfully run and been elected to consecutive terms and those who have been elected like Trump continuous term. It says the following:
“No person shall be elected to the office of President more than twice, and no person who has held the office of President, or served as President, shall be elected President for any term exceeding two years. Elected to the office of President more than once.
amendment was approved in 1951 And came years after bipartisan calls for presidential term limits.
Whereas President George Washington set the precedent of serving only two terms, later President Franklin D. Roosevelt Be the first and only Commander-in-Chief To serve additional terms. Roosevelt was eventually elected to four terms in office, although he died in 1945 on his last term.
After Roosevelt’s term, there were increasing calls for term limits for future presidents, which led to the ratification of the 22nd Amendment by Congress and subsequent ratification by the states.
Why is it so hard to roll back the 22nd Amendment?
The threshold for ratifying a constitutional amendment and repealing it is very high.
There are two ways to withdraw an amendment. The first requires two-thirds of both the House – 290 members – and the Senate – 67 members – to agree to do so. Once they do that, three-quarters of all states – 38 – still have to agree.
Those thresholds would make it impossible for Trump to meet Democratic opposition, and there would likely be some Republican outrage. Although Republicans are poised to regain control of the Senate, they will fall far short of the two-thirds majority needed for such a vote. If the GOP were to gain control of the House, they would likewise fall well short of the two-thirds majority needed there. Additionally, at least 17 states voted for Vice President Kamala Harris, indicating that they would not support any such amendment. That’s more than a quarter of the states Trump could lose if he somehow succeeds in overturning the amendment by Congress.
A second way to repeal an amendment requires holding a constitutional convention, which must be supported by two-thirds – 34 – of the states. Any proposed amendment to such a convention would still require the ratification of three-quarters of the states – 38.
This option would face the same opposition from Democrat-leaning states as the first.
Since the amendment was first approved there have been numerous proposals Congress demanded its cancellationHowever, they have all languished due to lack of support.
The amendment is crystal clear
Experts say there really is no realistic option for Trump to try to bypass the 22nd Amendment.
theoretically, The 22nd Amendment does not bar a former president Who has already served two terms from Vice President to the next term. As vice president, that person could potentially ascend to the presidency if the president on the ticket resigns.
“It could theoretically happen, but it’s not going to happen,” said McConnell, who added that it was a “concern.”
Attempts are also being made to challenge this amendment in court.
According to legal experts, the Supreme Court has no basis to overturn the 22nd Amendment.
According to UCLA law professor Adam Winkler, any challenge to a constitutional amendment would likely hinge on the argument that the procedure used to ratify the amendment was somehow flawed.
It’s “impossible” in this case, Winkler said, given how the amendment has been settled for more than seven decades.
Winkler notes that the Supreme Court could try to interpret the 22nd Amendment as applying only to presidents who have served consecutive terms, but that would be a stretch based on its text. Any attempt by the courts to declare the amendment unconstitutional would run into problems with the amendment being part of the Constitution, McConnell noted. “By definition, the Constitution cannot be unconstitutional,” he said.
Overall, Georgetown law professor Abe Smith explained whether or not Trump could run for a third term, it’s pretty simple: “The short answer: No way.”
As such, Trump’s recent run is shaping up to be his last.
