Latest news with #12thAmendment
Yahoo
26-05-2025
- Politics
- Yahoo
Opinion - How a fictional Vice President Trump could become reality
Last week, I speculated about the possibility of Donald Trump seeking a de facto third term by running as vice president with a puppet as president. I received a flurry of responses citing the Constitution's 12th Amendment as making that likelihood impossible and illegal. A constitutional debate can be dry and arcane. So let's put this possibility into fictional terms, such as the movies 'Advise and Consent,' or even 'Seven Days in May.' Assume, for fictional purposes, the main character has served two terms as president and will not give up power easily. A coup like the one in 'Seven Days in May' is not possible. So, the president brings together a legal team to present a plan that allows the president to run as vice president and circumvent these prohibitions. The last sentence of the 12th Amendment, ratified in 1804, reads: 'But no person constitutionally ineligible to the office of president shall be eligible to that of vice-president of the United States.' The 22nd Amendment, approved in 1951, states in part that: '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.' Can these two apparently conflicting amendments be resolved? The president's lawyers show how he can run for vice president. The 12th Amendment applied the same requirements for the president to the vice president because that person could assume the presidency if it became vacant. They must be at least 35 years of age, native born, be a U.S. resident for at least 14 years and win a majority of the Electoral College. The 22nd Amendment was passed 147 years later. Clearly, the two–term limit should not be applicable retroactively. If the president left office before the end of the term, the Speaker of the House of Representatives, who is next in line, would assume the office. The president is disqualified by the 22nd Amendment. The lawyers also lay out the opposite case that the 22nd Amendment takes precedence, meaning no president can serve more than two terms, in order to strategize how to beat this counterargument. The answer should be obvious: Let the courts decide. For purposes of this story, the president has appointed enough conservative Supreme Court associate judges to give himself an apparent 7-2 majority. Hence, as this case would go to the court, the president almost certainly would win. Of course, the consequences of this decision would be the equivalent of a political nuclear explosion. In this movie, the lawyers would review the most contested and controversial elections, which took place in 1876 and 2000. On Nov. 7, 1876, Republican Rutherford B. Hayes defeated Democrat Samuel J. Tilden. Tilden led Hayes by more than 260,000 popular votes. As the Electoral College met to determine the president, Tilden had 184 electoral votes, one less than needed to win the election. Hayes had only 165. However, 19 electoral votes were in doubt. How was this constitutional stalemate resolved? With no supporting case for precedence, the U.S. Congress formed an Electoral Commission. After considerable and heated debate, in early March 1877, the commission awarded the 20 contested electoral votes to Hayes. Thus, while losing the popular vote, Hayes won the election 185-184. In 2000, Al Gore won the popular vote over George W. Bush. But despite ongoing recounts in Florida, whose electoral votes would determine the winner, the Supreme Court ordered that the recount be halted. Bush was in the lead and was elected president. The election of 2028 in this plot could make these two cases seem tame. Graphic riots and violence would be the likely outcome. But in 2000, the story rested in the Supreme Court, where one angry judge halted the proceedings, throwing the election into chaos. Originally, presidents were inaugurated on March 20 because of slow-paced horse and carriage transportation. Inauguration Day in this era is Jan. 20. Moving from fiction to reality and the possibility that Trump would actually seek the vice presidency, the lesson is clear for Democrats: Winning the House in 2028 is vital. But what a story the alternative brings! Harlan Ullman, Ph.D., is UPI's Arnaud deBorchgrave Distinguished Columnist, a senior advisor at Washington, D.C.'s Atlantic Council, the chairman of two private companies and the principal author of the doctrine of shock and awe. He and David Richards are working on a forthcoming book. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
The Hill
26-05-2025
- Politics
- The Hill
How a fictional Vice President Trump could become reality
Last week, I speculated about the possibility of Donald Trump seeking a de facto third term by running as vice president with a puppet as president. I received a flurry of responses citing the Constitution's 12th Amendment as making that likelihood impossible and illegal. A constitutional debate can be dry and arcane. So let's put this possibility into fictional terms, such as the movies 'Advise and Consent,' or even 'Seven Days in May.' Assume, for fictional purposes, the main character has served two terms as president and will not give up power easily. A coup like the one in 'Seven Days in May' is not possible. So, the president brings together a legal team to present a plan that allows the president to run as vice president and circumvent these prohibitions. The last sentence of the 12th Amendment, ratified in 1804, reads: 'But no person constitutionally ineligible to the office of president shall be eligible to that of vice-president of the United States.' The 22nd Amendment, approved in 1951, states in part that: '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.' Can these two apparently conflicting amendments be resolved? The president's lawyers show how he can run for vice president. The 12th Amendment applied the same requirements for the president to the vice president because that person could assume the presidency if it became vacant. They must be at least 35 years of age, native born, be a U.S. resident for at least 14 years and win a majority of the Electoral College. The 22nd Amendment was passed 147 years later. Clearly, the two–term limit should not be applicable retroactively. If the president left office before the end of the term, the Speaker of the House of Representatives, who is next in line, would assume the office. The president is disqualified by the 22nd Amendment. The lawyers also lay out the opposite case that the 22nd Amendment takes precedence, meaning no president can serve more than two terms, in order to strategize how to beat this counterargument. The answer should be obvious: Let the courts decide. For purposes of this story, the president has appointed enough conservative Supreme Court associate judges to give himself an apparent 7-2 majority. Hence, as this case would go to the court, the president almost certainly would win. Of course, the consequences of this decision would be the equivalent of a political nuclear explosion. In this movie, the lawyers would review the most contested and controversial elections, which took place in 1876 and 2000. On Nov. 7, 1876, Republican Rutherford B. Hayes defeated Democrat Samuel J. Tilden. Tilden led Hayes by more than 260,000 popular votes. As the Electoral College met to determine the president, Tilden had 184 electoral votes, one less than needed to win the election. Hayes had only 165. However, 19 electoral votes were in doubt. How was this constitutional stalemate resolved? With no supporting case for precedence, the U.S. Congress formed an Electoral Commission. After considerable and heated debate, in early March 1877, the commission awarded the 20 contested electoral votes to Hayes. Thus, while losing the popular vote, Hayes won the election 185-184. In 2000, Al Gore won the popular vote over George W. Bush. But despite ongoing recounts in Florida, whose electoral votes would determine the winner, the Supreme Court ordered that the recount be halted. Bush was in the lead and was elected president. The election of 2028 in this plot could make these two cases seem tame. Graphic riots and violence would be the likely outcome. But in 2000, the story rested in the Supreme Court, where one angry judge halted the proceedings, throwing the election into chaos. Originally, presidents were inaugurated on March 20 because of slow-paced horse and carriage transportation. Inauguration Day in this era is Jan. 20. Moving from fiction to reality and the possibility that Trump would actually seek the vice presidency, the lesson is clear for Democrats: Winning the House in 2028 is vital. But what a story the alternative brings! Harlan Ullman, Ph.D., is UPI's Arnaud deBorchgrave Distinguished Columnist, a senior advisor at Washington, D.C.'s Atlantic Council, the chairman of two private companies and the principal author of the doctrine of shock and awe. He and David Richards are working on a forthcoming book.
Yahoo
29-04-2025
- Business
- Yahoo
'Trump 2028' merch on sale at Trump store: Can the president find a way to serve 3rd term?
President Donald Trump is considering serving more than two terms in the White House despite the U.S. Constitution barring him from doing so. Although Trump has not revealed what methods he intends to use to secure a proposed third term, he did mention there are "some loopholes" that could make it possible. "I'd rather not discuss that now, but as you know, there are some loopholes that have been discussed that are well known," Trump told Time magazine in an interview published on April 25. "But I don't believe in loopholes. I don't believe in using loopholes." He also told NBC that JD Vance could run for president and give the role to him, according to USA TODAY. As the president muses over the idea of an unconstitutional third term, "Trump 2028" merchandise has appeared on the online Trump store, including embroidered ball caps and T-shirts. The merch was released on the website on April 24. Here's what the U.S. Constitution states about presidents seeking a third term and how much Trump's merch is selling for. The Trump Store, operated by the Trump Organization ― the Trump family's company ― has listed various "Trump 2028" merchandise for sale. While the red ball caps ($50) set of two can coolers ($18), and T-shirts ($36) all feature the "Trump 2028" logo, the shirt also has the words "Rewrite the Rules" displayed underneath it in parenthesis. The Trump campaign committee, which operate a different online store, also has a "Trump 2028" hat on its website, although it is not for sale (yet), according to USA TODAY. During a live interview with Axios on April 25, White House press secretary Karoline Leavitt said the merch was not an indicator that Trump is seeking a third term. "It's just a hat," she said. "It's not something he's thinking of, though I hear the hats are flying off the shelves." The 22nd Amendment of the U.S. Constitution, adopted after Franklin D. Roosevelt was elected to the White House four times, prohibits presidents from serving more than two terms in the White House, including presidents like Trump who have served nonconsecutive terms: "No person shall be elected to the office of the President more than twice, and no person who has held the office of the 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," the amendment states. The 22nd Amendment does not explicitly state that a two-term president cannot serve as a vice president. However, the 12th Amendment does state that "no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States." It is possible for a constitutional amendment to be changed, but it would require a two-thirds vote from both the House of Representatives and the Senate. It would also need to be ratified by three-fourths of the state legislatures, per Yahoo! News. GOP lawmaker Rep. Andy Ogles, a Republican from Tennessee, has voiced his approval of Trump running for a third term. In January, he proposed an amendment to the U.S. Constitution that would allow presidents who serve two terms to run again. "President Trump's decisive leadership stands in stark contrast to the chaos, suffering, and economic decline Americans have endured over the past four years," Ogles said in a January 23 statement three days after Trump's inauguration. "He has proved himself to be the only figure in modern history capable of reversing our nation's decay and restoring America to greatness, and he must be given the time necessary to accomplish that goal." Nina Tran covers trending topics for The Greenville News. Reach her via email at ntran@ This article originally appeared on Asheville Citizen Times: Trump store's 'Trump 2028' merch: Trump says 3rd term loophole exists
Yahoo
28-04-2025
- Business
- Yahoo
'Trump 2028' merch for sale at Trump store: Can president find a way to serve 3rd term?
President Donald Trump is considering serving more than two terms in the White House despite the U.S. Constitution barring him from doing so. Although Trump has not revealed what methods he intends to use to secure a proposed third term, he did mention there are "some loopholes" that could make it possible. "I'd rather not discuss that now, but as you know, there are some loopholes that have been discussed that are well known," Trump told Time magazine in an interview published on April 25. "But I don't believe in loopholes. I don't believe in using loopholes." He also told NBC that JD Vance could run for president and give the role to him, according to USA TODAY. As the president muses over the idea of an unconstitutional third term, "Trump 2028" merchandise has appeared on the online Trump store, including embroidered ball caps and T-shirts. The merch was released on the website on April 24. Here's what the U.S. Constitution states about presidents seeking a third term and how much Trump's merch is selling for. The Trump Store, operated by the Trump Organization ― the Trump family's company ― has listed various "Trump 2028" merchandise for sale. While the red ball caps ($50) set of two can coolers ($18), and T-shirts ($36) all feature the "Trump 2028" logo, the shirt also has the words "Rewrite the Rules" displayed underneath it in parenthesis. The Trump campaign committee, which operate a different online store, also has a "Trump 2028" hat on its website, although it is not for sale (yet), according to USA TODAY. During a live interview with Axios on April 25, White House press secretary Karoline Leavitt said the merch was not an indicator that Trump is seeking a third term. "It's just a hat," she said. "It's not something he's thinking of, though I hear the hats are flying off the shelves." The 22nd Amendment of the U.S. Constitution, adopted after Franklin D. Roosevelt was elected to the White House four times, prohibits presidents from serving more than two terms in the White House, including presidents like Trump who have served nonconsecutive terms: "No person shall be elected to the office of the President more than twice, and no person who has held the office of the 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," the amendment states. The 22nd Amendment does not explicitly state that a two-term president cannot serve as a vice president. However, the 12th Amendment does state that "no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States." It is possible for a constitutional amendment to be changed, but it would require a two-thirds vote from both the House of Representatives and the Senate. It would also need to be ratified by three-fourths of the state legislatures, per Yahoo! News. GOP lawmaker Rep. Andy Ogles, a Republican from Tennessee, has voiced his approval of Trump running for a third term. In January, he proposed an amendment to the U.S. Constitution that would allow presidents who serve two terms to run again. "President Trump's decisive leadership stands in stark contrast to the chaos, suffering, and economic decline Americans have endured over the past four years," Ogles said in a January 23 statement three days after Trump's inauguration. "He has proved himself to be the only figure in modern history capable of reversing our nation's decay and restoring America to greatness, and he must be given the time necessary to accomplish that goal." Nina Tran covers trending topics for The Greenville News. Reach her via email at ntran@ This article originally appeared on Greenville News: Trump store selling 'Trump 2028' merch: US Constitution on 3rd term
Yahoo
25-04-2025
- Politics
- Yahoo
Letter: Constitution is not clear on issue with possible Trump run
'Term limits are necessary for U.S. presidency' (Reading Eagle, April 3) led me to investigate. The Scranton Times-Tribune guest editorial makes a claim about the 12th Amendment that isn't true to the literal text. It claims that those ineligible to run for president may not seek the vice presidency. This claim is actually an interpretation. As such, it is likely to hold up in court due to the intent of the Constitution. But the claim misleads the reader into thinking it's the only interpretation. A technical loophole, as follows, could allow Trump to be elected as vice president and then become president after a second II, Section 1 gives three eligibility requirements for the office of president: natural born citizen, age 35 or older, and at least 14 years U.S. resident. If one of the requirements were that of being elected president, then the line of succession could not exist. Thus, as in the case of Gerald Ford, a distinction exists between becoming president and being elected president. The 12th Amendment explicitly talks only about eligibility for the office of president, as per Article II, Section 1, not about eligibility for being elected president, as in the 22nd Amendment. Literally, only those ineligible to become president may not seek the vice presidency. Under this interpretation, Trump could become president a third time without being elected president more than twice. Glenn Shrom Upper Bern Township
