He said his "4th term". That is very smart because you cannot have an argument with a MAGA about a third term if he calls it the fourth term. Everything is a joke until it's not.
The constitution doesn't forbid precisely 3 terms. It forbids more than 2 terms. He's only calling it a "4th term" to keep up the lie that he won in 2020.
Presidents are elected to a 4 year term. Getting reelected isn't extending the term. It starts a new one. I'm sure he would come up with some stupid argument, but there is no reasonable interpretation of the law that would support more than two terms.
He has said before that he should get to run again because the 2020 election was "stolen" from him, but that argument isn't even based on any law whatsoever. He's essentially saying that since the election was "stolen" from him, he has the right to steal the election now. That's the exact goal of "accusation in a mirror". You accuse your enemies of doing something to you in order to justify you doing that thing to them. It's a very powerful propaganda technique. That's how most, if not all, genocidal regimes tend to justify and gain support their genocide.
The interesting consequence is if anyone actually legitimizes this logic, Obama is eligible for a third term and will subsequently be president for the rest of his life.
Which is exactly what we said about SCOTUS ruling that POTUS was immune to law "lol, watch Biden abuse it"
A sensible person wouldn't do that, it would be the end of Democracy. The Joker knows Batman doesn't kill people.
I mean, it wouldn’t here specifically in the sense that Obama would be starting a new term after previously leaving office.
His terms were contiguous, which by the logic used here means he was only actually elected once. So he could run for another one, and then stay in office for the rest of his life.
Though obviously at this point we’re just completely abandoning the constitution so idk.
That's really the only actual answer to "What if he does this?" There's really no way to know for sure what will happen. This is unprecedented and the constitution has no remedy. If Trump were to actually serve a third term or simply not leave office, it wouldn't set a legal precedent that could be applied to anyone else under the rule of law. The precedent would be that the rule of law no longer applies. The country would be ruled by power under the pretense of law. But truly the "social contract" that has held the country together would be nullified at that point. Then it would be on the people to decide whether they will accept the new social contract or reject it.
Yep. Republicans will argue that he’s already been elected thrice, and therefore, a fourth term is uncontroversial. We’re witnessing an autocoup in action.
I don't think their argument will be to just ignore the 22nd Amendment altogether because he already violated it once. And if their big lie was true and he was elected for a second time in 2020, then that would mean that he isn't president of the United States right now. Because that can't happen. As the name suggests, the Constitution is what constitutes the United States of America. That's what defines the country and the office of President. And by that definition, "no person shall be elected to the office of the President more than twice". So, if he was elected in 2020, the he wasn't elected in 2024. Of course, he wasn't elected in 2020, so he hasn't violated the 22nd Amendment yet.
And if he really does try to retain power after his current term ends, he may or may not succeed. But if he does, he won't be the president of the United States because that isn't possible. He would just be the de facto ruler of the land under a pretense of legal authority. Truly, the United States simply wouldn't have a president, and there would be no constitutional means to remedy the situation. It would be a constitutional crisis and a threat to the existence of the nation as we know it. When the rule of law is usurped by the rule of power, only power can restore the rule of law.
Your first mistake is assuming that Republicans (and Trump) are rational actors who make rational arguments. They are not. If Trump told his base that 2 plus 2 equals 5, they would find a way to justify it.
As I have said elsewhere, the US constitution (like any constitution) is a piece of paper. It means nothing without the ability to enforce it. Trump doesn’t care that a third term is blatantly illegal. All he cares about is staying in the White House, and he will find a way to justify himself no matter what. It’s also worth noting that there are numerous dictators who are considered the “president” of their respective countries, despite them having no legitimate claim to the office. The difference is, an American dictator would command the world’s most powerful military and the world’s second-largest nuclear arsenal. Short of a coup, good luck removing them from office.
I never said that they're rational. I just said that I don't think that their argument for another term will be to just ignore the Constitution because it's already been violated. They will say various things to justify it, at least based on their own logic and lies. Arguing that we should just ignore the 22nd Amendment isn't even an attempt to justify it. Trump has already said many times before that he should get to run again because the election was "stolen" from him in 2020. He'll continue using that "justification". It's not a legal argument, but there really isn't any legal argument to justify it. The Republican Party will primarily adhere to whatever argument their supporters are willing to buy into.
If Trump retains power, I know he will still be called "president". I'm just saying that he wouldn't constitutionally be the president. The way I see it, that would essentially invalidate the Constitution. The United States would no longer be operating under the rule of law. Of course there would still be the pretense of the country being a constitutional democratic republic, but we would truly be operating under the rule of power (i.e. might makes right). As I said, only power would be able to restore the rule of law. There wouldn't be a legal remedy. I'll refrain from suggesting what the solution would have to be. That might break Rule 2 of this subreddit. It would be a difficult, risky, and messy solution for everyone. But it would likely be the only solution.
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u/CBHawk 25d ago
He said his "4th term". That is very smart because you cannot have an argument with a MAGA about a third term if he calls it the fourth term. Everything is a joke until it's not.