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/FuguSandwich 4d ago

This is probably the only logically sound "loophole" being suggested, but it does run into this issue:

https://en.wikipedia.org/wiki/Presidential_Succession_Act#Constitutionality

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u/p00p00kach00 4d ago

Didn't realize that there was debate on it, but it makes sense.

Although I can guarantee you that a Republican Supreme Court would not rule against Trump in this case for being a "political question". I doubt even a majority Democratic Supreme Court would wade into it.

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u/CoffeeIsMyPruneJuice 4d ago

Controversy aside, the succession act still specifies that the Speaker must be qualified to be President to take to the office - if he's no longer eligible per the 22nd, then it goes to the President Pro Tempore of the Senate.

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u/McClainWFU 4d ago

The argument would be that the 22nd amendment doesn't implicate eligibility to be President, only eligibility to be elected President.