Trump Talks Third Term Again: Is There a Constitutional Loophole

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Summary:

  • Trump hints at potential third term through unconventional VP scenario with JD Vance, sparking legal discussions about bypassing the 22nd Amendment.

  • Legal experts highlight 12th Amendment as a roadblock to Trump’s plan, emphasizing constitutional norms and assumptions.

  • While intriguing, Trump downplays the idea, acknowledging it’s still early in his administration and facing significant legal obstacles.

Could Trump actually find a way around the 22nd Amendment to secure a third term? In a recent NBC News interview, he hinted at “methods” that could make it possible. One idea floated involves JD Vance running as president with Trump as VP—only for Vance to step down, making Trump president without technically being “elected” again. While critics dismissed the idea, some legal discussions, including a 1999 Minnesota Law Review article, suggest it’s not entirely out of the question.

However, legal experts point to the 12th Amendment as a major roadblock, as it states that anyone constitutionally ineligible for the presidency cannot serve as vice president. Constitutional law professor Gloria Browne-Marshall emphasized that the 22nd Amendment assumes candidates will follow the Constitution as intended. While this loophole theory is intriguing, Trump himself downplayed the idea, telling NBC it’s still early in his administration.

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