this post was submitted on 22 Feb 2025
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Summary

Despite the 22nd Amendment barring a third term (“No person shall be elected to the office of the President more than twice”), Trump continues to suggest he could run again, raising the idea at a Black History Month event and with Republican governors.

Legal experts say the Constitution is clear that he cannot run, though some supporters, including Rep. Andy Ogles and Steve Bannon, are pushing for a constitutional amendment or a 2028 campaign.

Meanwhile, Trump has expanded executive authority in his second term, drawing criticism for undermining congressional checks.

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[–] tal@lemmy.today 7 points 16 hours ago (3 children)

Legal experts say the Constitution is clear that he cannot run, though some supporters, including Rep. Andy Ogles and Steve Bannon, are pushing for a constitutional amendment or a 2028 campaign.

It's a non-starter.

You need at minimum three-quarters of states for an amendment, and that's if you take the constitutional convention route. Even if you got every Republican-majority state onboard, which I very much doubt -- I think that there are a very considerable number of Republican politicians who are glad that Trump has managed to pull in a majority and are happy to maybe use some of his tactics but are also more than happy to see him ride off into the sunset and let them run things -- that's still not going to be enough.

Also, I don't know if ratification is just the upper house (almost all states have a bicameral legislature) or both or if it varies by state, but if it's both, that's an even higher bar.

kagis

Sounds like it's both.

https://www.ncsl.org/about-state-legislatures/amending-the-us-constitution

Step 3. Ratification by three-fourths of the states. Ratification of the amendment language adopted by Congress is an up-or-down vote in each legislative chamber. A state legislature cannot change the language. If it does, its ratification is invalid. A governor’s signature on the ratification bill or resolution is not necessary.

So you have to get a majority of legislators in both legislative houses in a three-quarters supermajority of states. That's a pretty high bar.

[–] OutlierBlue@lemmy.ca 9 points 16 hours ago

How many other things is he not allowed to do, but is doing anyway with permission (either tacit or direct) from congress and the courts? You think this will stop him?

Words on a piece of paper only have power if people uphold them. No one's upholding them.

[–] Barbarian@sh.itjust.works 8 points 16 hours ago (1 children)

What's stopping him making an executive order claiming he can do it, use that as an excuse to run a clearly illegal campaign, use his control of the FEC to win and dare anyone to do smth about it?

[–] a9cx34udP4ZZ0@lemmy.world 1 points 14 hours ago (1 children)

Executive orders can't direclty contradict existing laws. They are utilized in "legal gray areas". If it were that simple, Trump would simply pass an executive order that it's legal for him to assassinate all members of any opposing political party and wipe every non-republican off the face of the earth, literally.

His executive orders already contradict existing laws? The constitution is the law of the land, and he has no authority to override the legislature, yet... Has. And then when judges have told him to stop. He hasn't. You can forget anything that's written at this point. It's all going to come down to bloodshed or dictatorship. And most of the population is fine with a dictatorship it appears.

[–] WrenFeathers@lemmy.world 2 points 14 hours ago

All well and good, but he now has the military under his thumb and firmly planted up his ass. There’s no one left that has the authority to tell him he can’t.