Analysing Trump's claim that he could stand for a third presidential term | DW News

Key Concepts

• Third Presidential Term: The possibility of a US president serving more than the constitutionally allowed two terms.
• 22nd Amendment: The US constitutional amendment limiting presidents to two terms.
• Constitutional Crisis: A situation where the interpretation or application of the Constitution is severely challenged.
• Executive Power: The authority vested in the President to enforce laws and manage the government.
• Voter Suppression: Efforts to prevent eligible voters from registering or voting.
• Amending the Constitution: The process of changing the US Constitution, requiring congressional and state approval.
• Judicial Interpretation: The power of the Supreme Court to interpret the Constitution, potentially influencing its application.

Donald Trump's Third Term Ambitions

• President Trump has stated, both jokingly and seriously, about the possibility of seeking a third term in office.
• He claims the 2020 election was "totally rigged," suggesting a third term would, in a way, be a "fourth term."
• Trump's statements are viewed by some as a disregard for the US Constitution.

Constitutional Barriers and Potential Loopholes

• The 22nd Amendment explicitly limits presidents to two terms.
• Professor Gloria Brown Marshall suggests a concern that Trump might seek a "backdoor plan" to regain power, potentially involving his vice president.
• The 12th Amendment states that no person ineligible to be president can be vice president, seemingly blocking a scenario where Trump becomes VP and then president.

Potential Scenarios and Legal Challenges

• Supreme Court Interpretation: While the Constitution cannot be changed by lawsuit, the Supreme Court could interpret the 22nd Amendment in a way that favors Trump.
• Amending the Constitution: Amending the Constitution requires a two-thirds vote in Congress and ratification by three-fourths of the state legislatures. Republicans controlling the House and Senate might attempt this process.
• Creating Chaos: There's concern Trump might create a crisis (war, financial collapse) to justify amending the Constitution for a third term to "save the country."

The Role of the Supreme Court

• Trump appointed three conservative justices to the Supreme Court, raising concerns about their impartiality in cases involving him.
• The Supreme Court's interpretation of the 22nd Amendment could be crucial, but it's difficult to see how they could justify a third term given the amendment's clear language.

Amending the Constitution: A Difficult Process

• Amending the Constitution requires a supermajority in both Congress and the states, making it a challenging process, especially in a polarized political climate.
• The process could be initiated quickly, but it typically takes years to complete.

Potential for Civil Unrest

• Professor Marshall warns that Trump pursuing a third term could further divide the country and potentially lead to civil unrest.
• She highlights the framers' fear of federal power being used against the people, which she believes is happening now.
• The combination of widespread gun ownership, suppressed voter rights, and economic anxieties could lead to violent protests.

The Danger of Majority Rule

• Professor Marshall argues that simply because a majority supports something doesn't make it right or constitutional.
• She uses examples like slavery and women's rights to illustrate the dangers of unchecked majority rule.
• The US system of government, with its three branches and constitutional protections, is designed to protect minority rights and prevent tyranny of the majority.

Lack of Civic Knowledge

• There's concern about a decline in civic knowledge among Americans, making them more susceptible to misinformation and manipulation.
• The lack of understanding of the Constitution and its principles is a vulnerability that can be exploited.
• Professor Marshall created an animated series, "Your Democracy," to address this issue and educate the public about their constitutional rights.

Conclusion

The possibility of Donald Trump seeking a third term raises serious constitutional questions and concerns about the future of American democracy. While the 22nd Amendment presents a significant legal barrier, potential loopholes, Supreme Court interpretations, and even attempts to amend the Constitution cannot be ruled out. The situation is further complicated by political polarization, declining civic knowledge, and the potential for civil unrest. The key takeaway is that the defense of constitutional principles ultimately rests on the vigilance and active participation of the American people.