Can He Run Again?

Created
Mon, 30/12/2024 - 07:00
Updated
Mon, 30/12/2024 - 07:00
The legal beagles Mark Joseph Stern and Dahlia Lithwick at Slate fielded a question from a reader asking if Trump could really run for a third term as he often hints at doing? Bannon made some news the other day proclaiming that he was going to. Lithwick points out that the clear meaning of the 22nd Amendment says no. It says: “No person shall be elected to the office of the President more than twice, and no person who has held the office of President, or acted as President, for more than two years of a term to which some other person was elected President shall be elected to the office of the President more than once. It seems pretty clear to me. Of course if everything goes completely sideways, he stages a successful coup and the constitution is no longer relevant, who knows what he could do? Stern addresses one scenario the reader had posed: Tracey does point out one potential loophole in her letter: I think it’s clear that Don Jr. could run for president in 2028, with Donald Trump as his vice presidential candidate. And if they win, at 12:01 p.m. on Jan. 20, 2029, Don Jr. can resign and Donald Trump will become the president. There is nothing, to my mind, in the 22nd Amendment that forbids that. I mean, we can do a pragmatic, functionalist reading, and we can say it goes against the spirit of the amendment. But it doesn’t go against the text. As…