Trump Told by Alan Dershowitz Constitutionality of Third Term Is Unclear

[DonGlock26]

Interesting. Dershowitz is brilliant in his legal assessments regardless of who he is representing,, so for him to even be exploring that possibility suggests there is likely an area of uncertainty.

I honestly believe there is no rumor, possibility, intent or anything else for DJT to run for a 3rd term. But to explore the fine points of the law about that are interesting to people whose views aren't stuck in neutral or forever stalled and never questioned.

If Dershowitz found a credible loophole, however, I sure can see President Trump having a lot of fun pulling the gullible or TDS infused media's heads with it and watching their heads spin.

Why not?

 

[DonGlock26]

You think they would rule the 12 Amendment to the constitution, unconstitutional. forget it? They rule on the constitutionality of laws and actions passed by legislatures, not the Constitution itself. Try reading Article III and the Federal Judiciary Act of 1789 sometime.

It's up to them.

 

[Crepitus]

Both can be true.

Loophole is certianly there.

No, it's not.

 

[White 6]

Trump would not be elected to be President, therefore 22nd amendment restriction does not apply, therefore it does not reinforce anything about him serving as Vice President in line for succession (not election) for presidency.

It's artful...but also elegant.

Not artful or elegant. You are grasping at straws. He is gone, after 2028.

 

[WorldWatcher]

The 12th Amendment states that no one who is constitutionally ineligible to be president can be vice president.

And the eligibility requirements in the Constittuion to hold the office of President are?

Here:
35 years of age
14 years a resident
Natural Born Citizen

The limitation in the 22nd is the be elected, not to "hold" office.

(Don't get me wrong, it ain't happen'n. But "hold" office and be "elected" to office are two different things.)

WW

 

[AntonToo]

Not artful or elegant. You are grasping at straws. He is gone, after 2028.

I agree he is done, but the legal loophole for presidency by succession is clearly there, because the term restriction is only on running for presidency.

 

[WorldWatcher]

That's how it would be done. Trump can appoint Vance to be VP after.

Trump can't appoint Vance as VP.

Trump can nominate Vance, but then must be confirmed by BOTH houses of Congress.

WW

 

[White 6]

And the eligibility requirements in the Constittuion to hold the office of President are?

Here:
35 years of age
14 years a resident
Natural Born Citizen

The limitation in the 22nd is the be elected, not to "hold" office.

(Don't get me wrong, it ain't happen'n. But "hold" office and be "elected" to office are two different things.)

WW

There have been 14, 2 term presidents, since the 22nd ratified. This include Bill Clinton, who had the highest approval at end of term of any president since WWII.
You think you guys are the only ones to consider this gambit? Not constitutional. Not happening.

 

[DonGlock26]

Trump can't appoint Vance as VP.

Trump can nominate Vance, but then must be confirmed by BOTH houses of Congress.

WW

Yes, he would have to be approved. If the Dems and Rinos want to play delaying games, the Speaker would be the successor.

 

[AntonToo]

There have been 14, 2 term presidents, since the 22nd ratified. This include Bill Clinton, who had the highest approval at end of term of any president since WWII.
You think you guys are the only ones to consider this gambit? Not constitutional. Not happening.

We also never had a felon President, so what?

Just because others didn't have the ego and grip on the party to go for it doesn't mean it's not possible from legal perspective.

 

[Billiejeens]

He's not ineligible. He just can't be elected to the office of president more than twice.

If we abide by the constitution he is ineligible.

 

[White 6]

We also never had a felon President, so what?

Just because others didn't have the ego and grip on the party to go for it doesn't mean it's not possible from legal perspective.

I think he may be losing his grip on the party, too. 33% of even Republican disapprove of the job he is doing. Two states that were strongholds, trump carried with ease, Iowa and Ohio now disapprove of his job performance. Plus, Indiana republican legislature just refused marching orders to gerrymander voting districts in that republican state to generate even more Republican majority districts, in their favor and Trumps. His grip on the party is slipping.

 

[Admiral Rockwell Tory]

When he spends or authorizes the first dime on a new presidential campaign, he should be impeached, for going against his oath to the Constitution, charged as an anarchist with treason to the United states. Pleading ignorance, is no defense. Right now it is just all talk to piss off the Dems and most Americans, as 54%-59% do not approve of him, already, (this includes 25% of Republicans) and he knows it.

You are hilarious! Do you get your education on government from a comic book? What is the statute for violating your oath of office? What is the penalty under the US Code?

Trump is trolling your TDS-addled mind! You fall for it every time. He lives rent-free inside that gourd that used to contain a brain!

 

[Admiral Rockwell Tory]

They won't get it. Thank God, and the US Constitution. The only people that are unclear about the legality of a third term are MAGA trumpers and Alan Dershowitz. Maga trumpers are the 33% of Republicans that still approve of trump, but that isn't enough and will not "trump" the Constitution. Courts are among those that have had just about enough of the idiot, Donald.

Your TDS is being trolled!

 

[Admiral Rockwell Tory]

Under the 12th Amendment, if ineligible to be president, you cannot run for vice president, and he is not eligible for a 3rd term as President.

A blind squirrel finds an acorn. Bravo! So why are you having a conniption fit?

 

[Foxfyre]

What makes him ineligble to BE president?

He is president now, isn't he?

The only thing 22nd amendment forbids is the running for presidency again, he is not actually disqualified from serving as one by succession.

That might be the loophole. There is nothing in the law forbidding succession, only that the President cannot be elected for a third term.. Should he be elected Speaker of the House and the President and Vice President were to die together due to accident or terrorist act or whatever, the Speaker is third in line to be President.

 

[Admiral Rockwell Tory]

Not artful or elegant. You are grasping at straws. He is gone, after 2028.

January 20th, 2029 at noon.

 

[White 6]

You are hilarious! Do you get your education on government from a comic book? What is the statute for violating your oath of office? What is the penalty under the US Code?

Trump is trolling your TDS-addled mind! You fall for it every time. He lives rent-free inside that gourd that used to contain a brain!

So, you disavow your oath to protect and defend the Constitution, too?
Pathetic.

 

[White 6]

A blind squirrel finds an acorn. Bravo! So why are you having a conniption fit?

No conniption, simple searches and results. Doesn't anyone else research their usual sources before replying on legal or constitutional issues.

 

[Admiral Rockwell Tory]

So, you disavow your oath to protect and defend the Constitution, too?
Pathetic.

So, you can't answer the ******* question! Typical response from someone suffering from mental retardation caused by TDS,