In March, the president confirmed that he is “not joking” for a third presidential term – Jay Di Vance’s role and Putin’s “window”
President Donald Trump and his allies for months have announced a third term For the already twice -elected head of the federal state. In March, the president confirmed that he was “not joking” in terms of the prospect of a third presidential term. The only problem? the American Constitution. But there is the scenario to follow Vladimir Putin’s tactic.
It is noted that essentially the 22nd amendment of the Constitution prohibits presidents from being elected for a third term. A new modification of the Constitution is a painful path that is unlikely to succeed – but Trump told NBC News that there are ‘methods’ with which he could serve again, Axios comments.
There is almost no chance The two -thirds required of both Congresses – all three -quarters of the US states – to vote for the abolition of the 22nd amendment.
Two -thirds of US states can also request a constitutional assembly to propose a modification, but then 38 of the 50 states must validate any modification.
White House Communications Director Steven Chunt reiterated in a statement to Axios that Trump believes he “is too early to think” a third term.
But constitutionalists tell Axios that they take seriously Trump’s comments.
“Why is there a 22nd amendment if it is inactive?” Kimberly Vele, a law professor and a constitutional law specialist at the University of Baltimore, questioned.
He continued: “If all this was meant to simply set up some kind of play that could be overcome through complex legal practices, this is not a legal or moral position for me.”
What does the 22nd amendment say?
The 22nd amendment states that “no person can be elected to the president’s office more than twice”.
Was proposed in 1947 after the death of the former president Franklin Delano Roosevelt during his fourth term and was validated in 1951.
It also sets limits for those who take over the presidency, as in the case of the President’s death before the end of his term. Thus, if a vice president takes over the position of No. 1 in an unfinished presidential term and serves for more than two years, he may be nominated only once.
How did the Republicans react?
The top Republicans of Congress rejected Trump’s comments this week as unrealistic.
The Chairman of the House of Commons Committee, Tom Cole described Trump’s thoughts “Too fantastic to discuss seriously. “
The majority leader in the Senate, John Thun, said Trump could not pursue a third term “without a change in the Constitution”.
Could Vance hand over the reins?
Trump agreed with journalist Kristen Welker of NBC News that one scenario would be to change the 2024 vote, with Vice President Vance as President and Trump as Vice President.
As soon as he assumes his duties, Vance will resign as president and Trump will take over for a third term.
It is noted that Putin, who was constitutionally forbidden for a third consecutive term, returned to the presidency after being in the power of Dmitry Medvedev as president.
The question as to whether a two -elected US president could serve a third term through the development of the vice presidency, some constitutionalists say, depends on by a quarrel about whether the 22nd amendment prohibits a person to “be elected” more than twice instead of serving more than twice.
What they say: “Simple reading of the text suggests that the 22nd is actually limiting only people who get the office … through their election,” said Bruce Pibodi professor at Fairleigh Dickinson University.
The 22nd amendment “has a significant advantage,” Pibodi argued, noting that it prohibits two -elected presidents the “most common method” of entry into the office (election).
Some see the 12th amendmentwhich says that ‘No person who is not constitutionally eligible’ to be president cannot be vice -president, as an obstacle for a twice -elected president to become Vice President.
This is ‘an important counter -argument’said Pibody.
But the question of whether a president who has been elected twice is not eligible for election or not eligible for termination is re -put to the forefront.
If Trump manages to participate in the state elections for a third term – either in the first or second place – there will certainly be followed by lawsuits.
The case could be reminiscent of a recent previous one, when the Supreme Court ruled last year that Trump could not be excluded from the Colorado qualifiers because Congress, and not the states, was responsible for the imposition of the 14th amendment clause.
There is also the chance that Trump will intervene in a presidential transition.
“If … he does not comply with the Constitution and believes, for any reason, that he must remain in power, the big question is, who will stop him?” Vele noted.
Source :Skai
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