JONATHAN TURLEY: Can Trump serve a third term?

The precocious Justice Antonin Scalia famously said that Congress does not "hide elephants successful mouseholes." His constituent was that courts are skeptical of utilizing insignificant provisions successful a statute to execute sweeping caller ineligible changes.

The situation of stuffing an elephant into a mousehole came to caput this week aft President Donald Trump said that helium is "not joking" astir considering a 3rd word and that experts told him it is imaginable nether the Constitution.

One often has to instrumentality specified moments with a dense dose of skepticism from a president who intelligibly relished handing snake-in-a-can soundbites to the media conscionable to ticker the resulting screams. If so, helium was not disappointed. The media went into renewed vapors arsenic commentators pronounced, yet again, the decease of democracy.

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However, fixed the president's statement, it is important to beryllium wide astir the ground for this theory, which has agelong been thing of a parlor crippled for instrumentality professors connected however a president mightiness beryllium capable to circumvent the two-term regulation imposed by the 22nd Amendment.

Let's commencement with the language. Ratified successful 1951, the amendment was passed ironically by Republicans who were reacting to Franklin Delano Roosevelt's determination to interruption from the contented of two-term presidencies by seeking a 3rd term. The intent was clear. They believed that serving much than 2 presumption exposed the state to the information of a person occupying the bureau for beingness oregon prolonged periods.

To forestall that, the amendment states: 

"No idiosyncratic shall beryllium elected to the bureau of the president much than twice, and nary idiosyncratic who has held the bureau of president, oregon acted arsenic president, for much than 2 years of a word to which immoderate different idiosyncratic was elected president shall beryllium elected to the bureau of the president much than once."

Notably, the connection includes those who were not needfully elected to the bureau but "held" the bureau for much than 2 years (presumably done succession to the bureau owed to a vacancy).

Few earnestly uncertainty the intent of the amendment to forestall immoderate idiosyncratic serving a 3rd word to unit a alteration of enactment successful the nation. 

That is erstwhile the mousehole comes in. The amendment refers to a idiosyncratic being "elected." Thus, immoderate advocates assertion that the amendment does not forestall a president from "serving" a 3rd word -- lone being "elected" to specified a term.

This strained mentation would mean that the drafters were solely aggrieved by the thought of idiosyncratic moving for the bureau and not serving successful the office. There is nary compelling humanities enactment for that interpretation.

Under this interpretation, a two-term president could technologist a 3rd word by moving for vice president and having the elected president past resign aft the inauguration. 

The occupation with this maneuver is different amendment. The 12th amendment states that "no idiosyncratic constitutionally ineligible to the bureau of President shall beryllium eligible to that of Vice-President of the United States."

Trump could not tally for vice president due to the fact that helium is ineligible to beryllium president. Accordingly, helium would apt beryllium barred from galore authorities ballots from moving for vice president.

Yet, determination is an adjacent smaller mousehole. Trump could person 2 radical tally for president and vice president arsenic stand-in officeholders portion helium could technologist his predetermination arsenic Speaker of the House of Representatives. 

After the election, they could some resign and Trump would beryllium 3rd successful the enactment of succession. Putting speech the sizeable level of religion successful some the president and vice president resigning, the maneuver would marque a mockery of the law plan down the amendments. 

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It would besides marque starring Republican candidates mockeries arsenic types of "mini-mes" for Trump. Even the statement of specified a maneuver earlier the predetermination would demean figures similar Vice President J.D. Vance arsenic specified cutouts successful a Constitutional sleight-of-hand.

The fueling of this speech besides works successful favour of those politicians and commentators who proceed to assertion that Trump is an autocrat committed to the demolition of the American democracy. It suggests that Trump is unfastened to trashing law traditions oregon connection to execute prolonged power.

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In fairness to those advocating this theory, this is not an battle connected ideology oregon a telephone for tyranny. It is an effort to usage clever interpretations of the Constitution to let for a 3rd term. Voters would beryllium alert of this maneuver erstwhile going to the polls (which is doubtful), and courts would person to uphold the mentation (which is adjacent much doubtful).

In the end, the pulverization is not worthy the prize successful raising this prospect. President Trump has carried disconnected the governmental comeback of the century. His medication is acceptable to marque past with sweeping changes that proceed to garner sizeable enactment among the public. This assertion volition lone undermine that bequest and the enactment needed to execute it.

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