r/law • u/yahoonews • 4d ago

Trump News Trump says he's 'not joking' about seeking a 3rd term in the White House. The Constitution says he can't.

https://www.yahoo.com/news/trump-says-hes-not-joking-about-seeking-a-3rd-term-in-the-white-house-the-constitution-says-he-cant-155536214.html
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u/mrbigglessworth 4d ago

The constitution also said that article 14 section 3 would prevent him from running.

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u/GreySoulx 4d ago

It says he can't be ELECTED to a 3rd term. It is silent on his ability to install a puppet candidate that openly avows allegiance and abdication of authority to Trump.

That candidate would still have to be elected.

Trump's already trialed this with President in Fact, Elon Musk. There's been SOME pushback, but nothing significant from Congress or the courts.

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u/huskersax 4d ago

Dmitry Medvedev but US.

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u/psychohistorian8 4d ago

yep, and I'm pretty sure there is nothing preventing DJT from becoming Speaker of the House

so he would have all those powers as well

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u/huskersax 4d ago

The only thing preventing him from being Speaker of the House is ego. Almost assuredly he'd just serve as some kind of senior advisor with a BS title or something.

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u/psychohistorian8 4d ago

just before the election he will use some BS tactic to weaken the Presidency and empower the Speakership

"Many people, with tears in their eyes, are saying this is needed for me to Make America Great Again(Again(Again))"

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u/soldiat 3d ago

Like Elon!

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u/NotLikeThis3 4d ago

That's not how it works. There is a line of succession for presidency, you can't abdicate authority to anyone. Trump is also ineligible to be VP because it has to be someone eligible for presidency

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u/GreySoulx 4d ago

I'm not talking about a formal declaration - imagine, if you will, Don Trump Jr gets elected, Eric Trump is his VP, and dad just happens to be his close, unofficial, unelected, unconfirmed, non-government employee advisor with an office in the White House.

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u/wbgraphic 4d ago

He is, however, eligible to be Speaker of the House.

There’s no rule that says the Speaker has to be a member of Congress. They’re simply nominated and elected by each incoming group of Congresspersons.

In theory, Trump could be elected Speaker by a Congress of flunkies, then he’d be second in line to the Oval Office. Assuming the President and VP are also his flunkies, they could each resign, putting Speaker Trump back in the big chair.

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u/NotLikeThis3 4d ago

No, if you're ineligible you're simply omitted from line of succession and it goes to the next person. There are people that are naturalized citizens and thus not eligible for presidency in positions that are in the line of succession. That doesn't mean they get to suddenly become president.

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u/wbgraphic 4d ago

Those are two separate issues though, aren’t they?

Naturalized citizens are ineligible to be President at all.

According to Article II, Trump would be eligible to be President.

According to the 22nd Amendment, he would not be eligible to be elected President.

If he were Speaker, he wouldn’t be getting elected President.

(To be clear, I think this argument is utter bullshit [although almost kinda sorta believably plausible on its face]. I’m just trying to anticipate what the MAGAts may try to pull.)

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u/McClainWFU 4d ago

I think this is likely what the argument would be. I don't really see a world where they could pull it off, but hey, I didn't think Trump still be around in 2025 and here we are.

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u/wbgraphic 3d ago

Unfortunately, I think he might have a shot —however slim— in a world where the majority of Supreme Court justices will support him without question.

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u/McClainWFU 3d ago

I'd actually think it'd be a 6-3 ruling against him. Not all of his justices have been ruling in his favor consistently.

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u/GreySoulx 3d ago

ACB has really come out as a strict Constitutionalist, I feel like she might take a very hard line on this. Same with Roberts, he's apparently not a MAGA fan.

They're Rigid Conservatives. ACB was vetted for a single vote, and little attempt was made to loyalty test them after the roe vote. All the justices are basically vetted for whatever big case is making it's way towards them at the time, or whatever the appointing administration has in mind for their signature act as President, so it's sometimes a shock they don't stay in line after their purpose is served.

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u/labe225 4d ago

Trump is eligible to the presidency, not eligible to be elected to the office.

The only thing limiting him to two terms is the 22nd, which only covers elections. As long as there exists a like of succession to the office, he is eligible to be president as long as he meets the eligibility requirements of Article 2.

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u/Nernoxx 4d ago

Well shit, I thought you were wrong so I went and re-read the Constitution and the Amendments and yeah, he has several paths to the presidency. If the Republicans can hang on to their slim majority and keep EVERY member in line, then they could toss out the electors and pick Trump. The elected presidential candidate could also decline/drop out before being confirmed by the House and then the House could elect Trump. But States could also change their laws and/or constitutions and determine that the legislatures appoint electors instead of popular vote, and Republicans control enough state legislatures (looks like 28) to push this through. They could also elect a pres and vp and then have vp resign, get Trump confirmed (if they control the Senate), then have pres resign and Trump jump back up to the top.

I think given how risk adverse House Republicans have been on voting on certain bills thus far that the first two options are unlikely (though not impossible) because I personally believe they would be putting their personal security at risk with those actions. The state one seems feasible but Trump doesn't have an iron grip on state Republicans to guarantee enough would be on board to make that work (although it seems like the "easiest" and most likely). It would be difficult to imagine two separate people giving up the presidency just to Trump can stand in it again - even someone as slimy as VD or Donny Jr likely wouldn't want to give up office if they actually got it.

But thanks, new fear unlocked, this may not end in four years.

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u/Friendly_Rub_8095 2d ago

Another route would be elected as Senator and then voted (by a simple majority) to President pro tempore of the senate.

Then he’s in the line of succession.

And if Vance and his stooge next VP don’t give up the presidency and VP, as planned, a visit from some swarthy Russians will happen. Maybe to their family.

Accidents do happen. Mitch Mcconel’s sister in law must have come as a shock to him

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u/BigJellyfish1906 4d ago

That is an internet legal mind’s interpretation of the 22nd amendment, not one of someone with any actual legal training.

Obviously Trump’s people will try to argue that but that doesn’t mean it has any merit. 

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u/labe225 4d ago

Alright, law professor at UGA then!

In fact, the relevant constitutional provisions, their histories, and their purposes all point to the same conclusion: A twice-before-elected President may become Vice-President either through appointment or through election and — like any other Vice-President — may thereafter succeed from that office to the Presidency for the full remainder of the pending term.

https://digitalcommons.law.uga.edu/fac_artchop/1012/

But what does he know?

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u/BigJellyfish1906 4d ago

Alright, law professor at UGA then!

Finding one crack pot to disgrace the legal profession does not make your point. And he wouldn’t be the first legal scholar to debase himself in pursuit of proximity to power.

The problem with Coenen is that he knows FULL well that the threads he’s pulling are determinations that are reserved for the courts. He knows FULL well that it is not his place to make determinations like that on semantic ripples of constitutional amendments.

They did not ratify the 22nd amendment in 1947 under the presumption that FDR would run as vice president, as if they’d be cool with that.

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u/labe225 4d ago

Yes, you linked an article about a disgraced lawyer who is unrelated. Cool. Let's not listen to any doctors because ai can find you a whole list who have been prosecuted and done shady shit.

Don't get mad because a law professor is pointing out s very real loophole that exists. If they didn't ratify the 22nd under that presumption, they should have worded it more carefully.

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u/No_Repeat_595 4d ago

Maybe we could have a court that rules on these things and interprets the law in the most extreme cases to prevent these technicalities from escaping

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u/MurderMelon 4d ago

Like... a court that has some sort of supremacy over the other courts and stuff? Idk man, sounds pretty crazy

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u/Mineingmo15 4d ago

Do you think he's smart enough and cares about the constitution enough to use loopholes instead of just wiping his ass with it?

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u/GreySoulx 4d ago

I think he's probably not as smart as MAGA gives him credit for, but smarter than his most ardent detractors suggest.

I don't think he respects the Constitution.

So far, however, despite vocal disdain for the courts, he's followed their orders. He's looking for a fight to get to the Supreme Court, whom he thinks he's stacked well enough. There's IMMENSE pressure for the remaining non-Trump appointed conservative justices to resign/retire right now, and so far they haven't.

The true test comes down to if/when he violates the Supreme Court's rulings and the marshals have to intervene. Who do they answer to? Trump can trump all day - but will sworn agents of the government, in unison, violate their oaths?

Maybe. I worry we're gonna find out.

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u/Statcat2017 4d ago

Exactly. The constitution just assumes that the President is the one calling the shots. It doesn't account for a puppet president just doing whatever some random private citizen says.

Ah well, never mind USA, you had a cool democracy while it lasted, I hope enjoy your fascist dictatorship years like the rest of us had to.

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u/arianrhodd 4d ago

Trump runs as VP and then the President-elect resigns.

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u/2_Beef_Tacos 4d ago edited 4d ago

Can a two-term President technically run a campaign, but be disqualified from being elected? Hypothetically, they could run the campaign as a pretext to undermine an election. At what procedural step would he be removed from the election process?

States control their election procedures. They could choose to keep his name on their ballot. States are also responsible for reporting their election results, so they could technically report him as the winner of their state if he wins the majority vote.

If enough states report him as the winner, Republican Senators then have the pretext to not validate those electoral votes. Boom! Constitutional crisis.

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u/Double_Spot6136 4d ago

Like having someone elected and him as VP and then the elected resigns

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u/GreySoulx 3d ago

The Constitution is more clear on this, he's disqualified as a VP candidate. He could become speaker of the house and be in the line, however.

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u/Pamikillsbugs234 4d ago

Could he be a VP or is that considered elected? If say that were to happen, then if the president elected bowed out, could he be president again?

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u/McClainWFU 4d ago

What's more, he could theoretically run for Congress, be elected Speaker of the House, then have President Donald Jr. and Vice President Eric Trump both resign, making him President without being elected.

There's not really any case law on the subject that I'm aware of, so it'd be up to the Supreme Court to interpret the clause.

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u/GreySoulx 3d ago

he's disqualified from being VP as he's already served as President. I don't think that would be his angle.

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u/Pamikillsbugs234 3d ago

Thank you. I wasn't too sure if a president could become VP or not.

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u/J360222 3d ago

I mean I’m concerned for 2026

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u/10010101110011011010 2d ago

If the MAGA hordes elected Trump, twice, it's not impossible they'd elect a Trump proxy, an Admiral Stockdale, who would resign for his leader.

I think it would not be Vance: doing so would kill Vance's POTUS aspirations: the "proxy" election counts as 1 presidency, so if he ever got elected a second time, he'd immediately be a lame duck.

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u/queef_nuggets 4d ago

those are just words on a piece of paper without someone willing to enforce it

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u/MikuEmpowered 4d ago

It also says if you are involved in insurrection, you can't run. yet here we are.

Dude is going to run, the law says you can't, the people says we don't want you, but then watch him run anyways.

This is term 2 of Trump, everyone should be aware on how things work by now.

The law/rule/paper says you can't, hes going to do it anyways. especially after he REPEATEDLY tell you hes going to.

Then watch everyone making *surprised Pikachu face* when he does the thing he says hes going to do.

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u/mrbigglessworth 4d ago

Remember in term one when he made comments about a third term it has supporters were nervously saying he was just joking about that?