It's a troll.
I may not be the most reliable political prognosticator, but I'm confident that it is just Trump's patented braggadocio, beloved by supporters and loathed by critics, taking center stage as the president continues talking up rumors about his interest in pursuing a constitutionally prohibited third term in office.
On Sunday morning, Trump told NBC's Kristen Welker in a phone call that, "a lot of people want me to do it," and that, "there are methods which you could do it." He didn't elaborate, of course, but just reiterated that he is "not joking" about the possibility.
Then yesterday, the president added more fuel to the fire, teasing a potential election match-up with former President Barack Obama by saying it, "would be a good one."
The president knows exactly what he is doing - distracting the media, infuriating his critics who will play right into his hands by overreacting, and throwing red meat to his loyal red hat brigade. But I'm quite sure he also knows he won't be president after this term and that this is all a troll.
But just to be sure, let's put this silliness to rest, shall we?
Start here: It is indisputable that the Constitution's 22nd amendment, written after disastrous Democrat President Franklin D. Roosevelt thought so highly of himself that he broke George Washington's two-term tradition and essentially appointed himself president for life in 1940 and 1944, forbids a third Trump candidacy. Under the stipulations of the amendment, the maximum number of years a singular person can be president is 10: two terms (8 years) of his/her own, and up to half the term of another (2 years).
To explain by example, if President Trump died, resigned, or otherwise left office one day before the third year of his current term began, J.D. Vance would only be able to serve out Trump's term and run for just one of his own. If President Trump left office one day after the third year began, Vance would be able to serve out Trump's term (just a day under 2 years), and still run for two more terms of his own (8 years). That would give him a near total of 10 years as president.
So it's clear, President Trump is not eligible to run for a third term. So what's this "loophole" he references. Well, it comes down to the wording of the 22nd Amendment:
No person shall be elected to the office of the President more than twice.
The key word there is "elected." The argument goes that Trump and JD Vance could reverse roles in 2028, with Vance at the top and Trump at the bottom of the ticket. Presuming they won the election, once in office, Vance would resign the presidency and Trump would assume the office again. Clearly, in such a case, Trump would be president for a third term, but he wouldn't have been elected president for a third term.
As implausible as it may seem (would Vance or anyone really agree to sacrifice himself in such a way?), it's also still a constitutional impossibility.
Here's why: The Constitution is bigger than the 22nd Amendment. Just because Trump's loophole might slip him past the 22nd, doesn't mean it can get him past the rest of our governing charter. And in this case, it's the 12th Amendment that spoils things for the red hats.
After a chaotic election in 1800, Congress proposed, and the states ratified a change to the electoral college system. In so doing, they spelled out additional details for the mode of electing the president and vice president, including this key provision:
…no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.
And there's your ballgame:
Having been elected twice, President Trump is now ineligible to be elected president again (22nd Amendment).
Since he is ineligible to be elected president again, he is ineligible to be elected vice president (12th Amendment).
The supposed loophole is a mirage concocted by those either ignorant of the Constitution, or those who know the truth but are just having fun inflaming others who they know are ignorant of the Constitution themselves.
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Disclaimer: The opinions expressed in this article are those of the author and do not necessarily reflect the opinions of Not the Bee or any of its affiliates.
