Can the US president apply for the third term? Expert comments

Although the 22nd amendment to the American constitution prohibits the third term as president, some experts say that there are hypothetical scenarios of the presidency.

Red caps with the inscription Trump2028 are available on Trump.com, which cost $ 50. Their description contains the slogan: “The future is great. Let's create new rules in the Trump2028 hat”. In the same headgear, the son of the president, Eric Trump, photographed himself. He published the photo on his Instagram profile on Thursday, which caused another wave of speculation about whether his 78-year-old father was considering starting in the presidential election in 2028.

The president, when asked about the possibility of applying for the third term, said on March 30 in a telephone conversation with Kristen Welker from the NBC station that “many people want me to do it.” He added, however, that it is too early to consider this option.

The American constitution, and more precisely the 22nd amendment, prohibits the president to apply for the third term. It was introduced in 1951 after Franklin D. Roosevelt was elected president four times, from 1933 to 1945, until his death.

Read also: “Trump 2028”? He sells hats, but he can't run

As the Washington Post informed, constitutionalists recognize that again Donald Trump He would violate both the spirit and the letter 22. The amendments, which were adopted after the war, to prevent the creation of the “election monarchy”.

Roosevelt's predecessors, the only president USAwho was more than twice, observed the tradition established by the first president, George Washington, who refused to apply for the third term, considering it undemocratic.

Dwight Eisenhower was the first president of the USA, who was constitutionally forbidden to apply for the third term.

Baude: There is no maneuvering field for starting more than twice

According to William Baudy, head of the Institute of Constitutional Law at the University of Chicago, cited by the Public Radio NPR website, 22. The amendment is unambiguous enough so as not to take into account the argument about non -designer terms, put forward by speculating by the re -election of Trump.

– There is no maneuvering field in terms of starting more than twice. This is the constitution and I do not think that any serious person interprets it differently – said Baude.

Opposition politicians from the Democratic Party, just in case, made sure that the 22nd correction was not raised by any doubts. Shortly after the elections, on November 14, 2024 won by Donald Trump. occurs after a break of several years.

Republicans want to make amendments for Trump

To change the constitutional limitation of the number of presidential terms since 1951, it would be necessary to make a new amendment to the constitution, ratified by three quarters of states.

The detailed process of introducing corrections to the Constitution is described on the Archives.Gov portal of the National Administration of Archives and the United States. According to this description, the amendment may propose a congress in the form of a resolution of both chambers, voted with two third votes or a constitutional convention, convened by two -thirds of the legislative bodies of the general states.

Since the president does not have a constitutional role in the process of amendment to the Constitution, a joint resolution of both chambers of congress does not go to the White House for signing or approving.

The first step to amend the constitution and allow Trump to run again. On January 23 – Republican Andy Ogles from Tennessee made a joint resolution in the House of Representatives with a proposal to make amendment to a constitution enabling a politician who had two non -closing offices again for the president of the US.

Taking office from the chair of the vice president

The amendment to the Constitution is not the only way to enable Trump to start in elections again. He mentioned this in an interview with NBC, President Trump himself.

When asked whether his advisers have any plans to circumvent the constitutional limitation of the number of presidential terms, he replied that “there are methods that could be done.”

According to Baud, there are indeed hypothetical scenarios to take the office of the president, which “have not been fully included” in the text of the constitution. Donald Trump could apply for the position of Vice President in the 2028 election.

He could then hypothetically become president if he made an appointment with a politician fighting for the White House in the next election, e.g. the current vice president of JD Vanc, that he would give way to office.

Such a scenario was allowed, among others The article mentioned by NPR published by Bruce G. Peabody in the legal review of the University of Minnesota in 1999. It can be read in it that a two -time president could become a vice president, and later, if the incumbent president is removed from office, or resigns or dies, he could take over his duties and become president for the third time.

12. The amendment potentially blocks the use of a legal gap

This gap in the law has already been noticed earlier. In 2015, NPR wrote about speculation about the possible third presidency of Barack Obama. At that time, it was wondered if Obama would not try to take the office of the president for the third time, staying first of the Vice President in Administration Joe Biden. Similarly, it was speculated in 2000, at the end of the second term of Bill Clinton, which was written by Slate magazine.

According to NPR, some lawyers pay attention to the last sentence of another, 12 amendments to the constitution, which could potentially block the attempt to use a legal gap. According to this amendment, a person who “, according to the constitution, cannot be elected the office of president, cannot be elected to the office of the Vice President of the United States.”

According to the NPR Stephen Gillers, a retired professor at the New York University, however, you can argue whether the constitution requires something more from the candidate than being at least 35-year-old American citizen born in the USA, who has been living in this country in this country for 14 years. According to Gillers, Trump could try to get to the White House again, taking the function of vice president first.

Donald Trump could also theoretically become president acting as a representative of the House of Representatives. The script of this type of succession is described on the official website of the US government. If the American president cannot fulfill his duties, e.g. due to illness or dies, they are transferred to another high -ranking federal official. First of all, the vice president, and in the second to the announcer.

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