Trump 3rd term as president ‘could actually happen’: Legal expert

Key Concepts:

• 22nd Amendment: Limits a president to two elected terms or 10 years in office.
• "Elected" vs. "Served": The argument that the 22nd Amendment only restricts being elected more than twice, not serving as president.
• 12th Amendment: Addresses presidential and vice-presidential eligibility.
• Originalism: A legal philosophy that interprets the Constitution based on the original understanding of the framers.
• Section 3 of the 14th Amendment: Disqualifies individuals who have engaged in insurrection or rebellion from holding office.
• Extra-Constitutional Agenda: Actions or plans that go beyond or contradict the principles and limitations established by the Constitution.

Main Topics and Key Points:

• Trump's Third Term Ambitions and the 22nd Amendment: The discussion centers on President Trump's suggestion of seeking a third term and whether it's legally permissible under the 22nd Amendment. The 22nd Amendment explicitly limits a president to two elected terms or 10 years.
• The "Elected" vs. "Served" Argument: Kim Wehle explains the potential argument that the 22nd Amendment only restricts being elected more than twice, not serving as president. This argument suggests Trump could become president again if he were to become Vice President, and the President resigned.
• The 12th Amendment and Eligibility: Wehle points out that the 12th Amendment states that if someone is ineligible to be president, they cannot be vice president, which complicates the "elected" vs. "served" argument.
• Republican Party's Role: The discussion emphasizes that the feasibility of Trump seeking a third term largely depends on the Republican Party's willingness to support him and put him on the ballot.
• The "Consecutive" Argument and Originalism: Steve Bannon and other Trump allies have argued that the Constitution doesn't use the word "consecutive" when defining presidential terms. Wehle dismisses this as a weak argument, noting that the 22nd Amendment was enacted in response to Franklin Delano Roosevelt's four terms, reflecting a bipartisan desire to limit presidential power.
• Supreme Court's Potential Inaction: Wehle expresses concern that the Supreme Court might not intervene to prevent Trump from appearing on the ballot, referencing the Court's decision not to block Trump from running based on Section 3 of the 14th Amendment (related to the January 6th insurrection).

Important Examples, Case Studies, or Real-World Applications Discussed:

• Franklin Delano Roosevelt's Four Terms: The enactment of the 22nd Amendment is directly linked to FDR's four terms in office, which spurred concerns about unchecked presidential power.
• January 6th Insurrection and Section 3 of the 14th Amendment: The discussion references the legal arguments surrounding Trump's eligibility to run for office based on his alleged role in the January 6th insurrection and the Supreme Court's decision not to intervene.

Key Arguments or Perspectives Presented, with Their Supporting Evidence:

• Wehle's Perspective: Wehle argues that while the "elected" vs. "served" argument is legally creative, it faces challenges under the 12th Amendment. She emphasizes that the Republican Party's actions and the Supreme Court's potential inaction are critical factors in determining whether Trump could realistically seek a third term. She also highlights the historical context of the 22nd Amendment and its purpose of limiting presidential power.
• Trump Allies' Perspective: Trump allies argue that the absence of the word "consecutive" in the 22nd Amendment opens a loophole for non-consecutive terms.

Notable Quotes or Significant Statements with Proper Attribution:

• 22nd Amendment Quote: "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."
• Kim Wehle: "There's always wiggle room for creative lawyers, and I think the argument is that the word 'elected,' elected to two terms maximum, means literally elected, not served."
• Kim Wehle: "But at the end of the day, this doesn't really hinge on what the Constitution says. It's more on, you know, if the Republican Party decides to put him on the ballot."
• Kim Wehle: "I think that's a pretty weak argument. I mean, it doesn't say anything about it having to be consecutive terms."
• Kim Wehle: "So with lots of things are happening with Donald Trump, the question is, who is going to stand in the way of what sounds like an extra-constitutional agenda here?"

Technical Terms, Concepts, or Specialized Vocabulary with Brief Explanations:

• 22nd Amendment: A constitutional amendment ratified in 1951 that limits the president to two terms in office.
• 12th Amendment: A constitutional amendment that provides the procedure for electing the president and vice president.
• Originalism: A legal philosophy that interprets the Constitution based on the original understanding of the framers at the time of its adoption.
• Section 3 of the 14th Amendment: A clause in the 14th Amendment that disqualifies individuals who have engaged in insurrection or rebellion from holding office.

Logical Connections Between Different Sections and Ideas:

The discussion flows logically from the initial question about Trump's third-term ambitions to the legal arguments surrounding the 22nd Amendment, the role of the Republican Party, and the potential for Supreme Court intervention. The historical context of the 22nd Amendment and the example of FDR's four terms provide a foundation for understanding the amendment's purpose. The reference to Section 3 of the 14th Amendment connects the discussion to previous legal challenges against Trump and the Supreme Court's approach to such cases.

Brief Synthesis/Conclusion of the Main Takeaways:

The possibility of President Trump seeking a third term raises complex legal and political questions. While the 22nd Amendment explicitly limits presidents to two elected terms, creative legal arguments could be made to circumvent this restriction. However, the feasibility of such a scenario depends heavily on the Republican Party's support and the Supreme Court's willingness to intervene. The historical context of the 22nd Amendment and the potential for an "extra-constitutional agenda" add further layers of complexity to the issue. Ultimately, the discussion highlights the importance of constitutional principles and the role of political actors in upholding or challenging them.