Red caps with the inscription Trump2028 are available on Trump.com, which cost $ 50. Their description includes the slogan: “The future is great. Let's create new rules in the Trump2028 hat“.
In the same headgear, the son of the president, Eric Trump, photographed himself. He published the photo on his Instagram profile on Thursday, which caused another wave of speculation about whether his 78-year-old father was considering starting in the presidential election in 2028.
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The president, when asked about the possibility of applying for the third term, said on March 30 in a telephone conversation with Kristen Welker from the NBC station that “many people want me to do it“He added, however, that it is too early to consider this option.
22. Amendment to the US Constitution and “Elective Monarchy”
American constitution, More precisely 22. Amendmentprohibits the president to apply for the third term. It was introduced in 1951 after Franklin D. Roosevelt was elected president four times, from 1933 to 1945, until his death.
As the Washington Post informed, Constitutionalists recognize, that the re -start of Donald Trump would violate both the spirit and the letter 22. The amendments, which were adopted after the war, to prevent the creation of the “election monarchy“.
The predecessors of Roosevelt, the only US president who was more than twice, observed the tradition established by the first president, George Washington, who refused to apply for the third term, considering this as undemocratic.
Dwight Eisenhower was the first president of the USA, who was constitutionally forbidden to apply for the third term.
According to William Baudy, head of the Institute of Constitutional Law at the University of Chicago, cited by the Public Radio NPR website, 22. The amendment is unambiguous enough not to consider the argument about non -greater termsput forward by the speculatants about the re -selection of Trump.
Read also: Republicans want the third term for Donald Trump. New resolution
“There is no maneuvering field in terms of starting more than twice. This is the constitution and I do not think that any serious person interprets it differently, “said Baude.
Opposition politicians from the Democratic Partyjust in case, they made sure that 22. The amendment did not raise any doubts. Shortly after the elections won by Donald Trump, November 14, 2024, The Democratic Congressmen Dan Goldman submitted a resolution in the deputy deputy to confirm the validity of 22. Amendments to the constitution (1570, Reaffirming The Validity and Applicility of the Twenty-Second Amendment) and the fact that it also applies if the second presidential term takes place after a break of several years.
Donald Trump may want to change the constitution
To change the constitutional limitation of the number of presidential terms from 1951, it would be necessary to make a new amendment to the constitution, ratified by three quarters of the states.
The detailed process of making corrections to the constitution is described on the Archives.Gov portal of the National Administration of Archives and the Files of the United States.
According to this description, the amendment can propose a congress in the form of a resolution of both chambers, voted with two third votes or a constitutional convention, convened by two -thirds of the legislative bodies of all states. Since the president does not have a constitutional role in the process of amendment to the Constitution, a joint resolution of both chambers of congress does not go to the White House for signing or approving.
Read also: Donald Trump talks about the third term. This is how the Republicans reacted. “It is having fun”
The first step to amend the constitution and allow Trump to run again. January 23 this year The Republican Andy Ogles from Tennessee submitted a joint resolution in the House of Representatives, a resolution leading to the amendment of the Constitution – PAP) With a proposal to make an amendment to the constitution enabling a politician who had two non -extending terms again for the President of the United States.
The amendment to the Constitution is not the only way to enable Trump to start in elections again. He mentioned this in an interview with NBC, President Trump himself.
“There are methods” so that Donald Trump can run for the third term
When asked whether his advisers have any plans to circumvent the constitutional limitation of the number of presidential terms, he replied that “There are methods that could be done“.
According to Baudy, there are indeed hypothetical scenarios to take the office of the president who “have not been fully taken into account“In the text of the Constitution.
Read also: Donald Trump allows the fight for the third term. “There are methods”
Donald Trump could apply for the position of Vice President in the 2028 election.
He could then hypothetically become the president, If he made an appointment with a politician fighting for the White House in the next election, e.g. the current vice president of JD Vanc, that he would give way to office.
Such a scenario was allowed, among others The article mentioned by NPR published by Bruce G. Peabody in the legal review of the University of Minnesota in 1999. You can read in it that A two -time president could become a vice president, and later, if the incumbent president is removed from office, or resigns or dies, he could take over his duties and become president for the third time.
This gap in the law has already been noticed earlier. In 2015, NPR wrote about speculation about the possible third presidency of Barack Obama. At that time, it was wondered if Obama would not try to take the office of the president for the third time, staying first of the Vice President in Administration Joe Biden. Similarly, it was speculated in 2000, at the end of the second term of Bill Clintonas he wrote, among others Slate magazine.
According to NPR, some lawyers pay attention to the last sentence of another, 12 amendments to the constitution, which could potentially block the attempt to use a legal gap. According to this amendment, a person who “According to the constitution, he cannot be elected the office of president, he cannot be elected the office of the Vice President of the United States“.
According to the NPR Stephen Gillers, a retired professor at the New York University, however, you can argue whether the constitution requires something more from the candidate than being at least 35-year-old American citizen born in the USA, who has been living in this country in this country for 14 years. According to Gillers, Trump could try to get to the White House again, taking the function of vice president first.
Donald Trump could also theoretically become president acting as a representative of the House of Representatives. The script of this type of succession is described on the official website of the US government. If the American president cannot fulfill his duties, e.g. due to illness or dies, they are transferred to another high -ranking federal official. First of all, the vice president, and in the second to the announcer.
