Steve Bannon thinks Trump can run again, Is he correct?

[corbe]

What the 22nd amendment actually says about presidential term limits

Civics Review

Dec 20, 2024
The 22nd amendment does not contain the word 'consecutive' when referring to serving terms. Does this mean presidents can serve unlimited terms as long as they are not consecutive? And why did the US Constitution need to be changed to add wording on presidential term limits? Lets read the relevant portions of the document and find out together!


https://www.youtube.com/watch?v=TBymNY7Y26c

[Kamaji]

This is what Section 1 of the 22nd Amendment says:

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. But this article shall not apply to any person holding the office of President when this article was proposed by the Congress, and shall not prevent any person who may be holding the office of President, or acting as President, during the term within which this article becomes operative from holding the office of President or acting as President during the remainder of such term.

It says, in very clear language, that no person shall be elected twice.  Trump has been elected twice; he can certainly run another time, but he cannot be elected another time, regardless of whether the next time is in 2028, or later on.

[Cyber Liberty]

This is what Section 1 of the 22nd Amendment says:

It says, in very clear language, that no person shall be elected twice.  Trump has been elected twice; he can certainly run another time, but he cannot be elected another time, regardless of whether the next time is in 2028, or later on.

At Trump's age, I doubt he wants to run in '28.

[IsailedawayfromFR]

This is what Section 1 of the 22nd Amendment says:

It says, in very clear language, that no person shall be elected twice. 

Actually, the language clearly states that no person shall be elected MORE THAN twice.

And that is a big difference.

Also, it is also possible to become President without being elected e.g. Gerald Ford, so a person can serve more than two terms as President.

[Smokin Joe]

Actually, the language clearly states that no person shall be elected MORE THAN twice.

And that is a big difference.

Also, it is also possible to become President without being elected e.g. Gerald Ford, so a person can serve more than two terms as President.

So, if the Dems came clean on the 2020 steal, Trump would not be able to take office? (asking for a friend...)

[Kamaji]

Actually, the language clearly states that no person shall be elected MORE THAN twice.

And that is a big difference.

Also, it is also possible to become President without being elected e.g. Gerald Ford, so a person can serve more than two terms as President.

Fair enough. I miscounted.  Trump has been elected twice, so he cannot be elected again.  Pretty clear language.

So what are you proposing, that he run as VP in 2028 with a no-name who has secretly agreed to step aside right after the election?

[Weird Tolkienish Figure]

And remember guys it’s 100% likely that Panama will give us back the Panama Canal!

[Cyber Liberty]

Fair enough. I miscounted.  Trump has been elected twice, so he cannot be elected again.  Pretty clear language.

So what are you proposing, that he run as VP in 2028 with a no-name who has secretly agreed to step aside right after the election?

Which cannot happen because the Veep has to be eligible to take the big chair.

[Kamaji]

And remember guys it’s 100% likely that Panama will give us back the Panama Canal!

[Timber Rattler]

Bannon apparently lost his mind in prison.

[Timber Rattler]

And remember guys it’s 100% likely that Panama will give us back the Panama Canal!

Yeah, there's that pesky little thing about the ratified treaties involved...

https://history.state.gov/milestones/1977-1980/panama-canal

...unless Trump is planning to invade Panama (again) and seize the canal.  The international reaction would be interesting to say the least.

[IsailedawayfromFR]

So, if the Dems came clean on the 2020 steal, Trump would not be able to take office? (asking for a friend...)

Let's first place Joe Biden in jail and everyone proven to helped steal and election, then we'll talk about it.

[IsailedawayfromFR]

Fair enough. I miscounted.  Trump has been elected twice, so he cannot be elected again.  Pretty clear language.

So what are you proposing, that he run as VP in 2028 with a no-name who has secretly agreed to step aside right after the election?

am not proposing anything, just relaying what I feel the Constitution says.

[IsailedawayfromFR]

Which cannot happen because the Veep has to be eligible to take the big chair.

There was another thread which wound through all of this, so guess we need to take it up one more time.

I assume your comment relates to this language in the 12th Amendment: But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.

You are referring to one of the several methods of becoming President, i.e. the assumption by the Vice President of the office of President if the President can no longer serve.

I invite you to read once again the relevant provisions in Article II Sec 1 and the 12th Amendment.

There is no prohibition in these passages which prohibits being elected as a Vice President, only as President not being elected more than twice.

Besides this, a Vice-President does not even have to be elected, but can voted on by the Senate in some cases, in a similar manner the President can be selected by the House in certain circumstances.

Bottomline: Being elected is the key word in the 22nd Amendment, so a former President already elected twice as President remains eligible to become President without being elected as President.

BTW, this scared me quite a bit as I was afraid Biden might have resigned, elevating Kamala as President and Barak was selected by the Senate to serve as VP, and ultimately become President after Kamala serves a very short term.

@Cyber Liberty

[jmyrlefuller]

Ah... but then there's the second part of the disqualification.

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.

Because Trump has already been elected more than once, he cannot serve more than two years if somehow the 22nd Amendment is interpreted to allow him to succeed to the Presidency in some other way (for example, if someone already constitutionally ineligible wins the electoral college in 2028 as a dummy candidate with Trump as the VP nominee). Attempting to serve more than two years would create a legal paradox, and you can't invalidate a past election because of the prohibition on ex post facto, so he's stuck.

You could, in theory, do this for an infinite number of cycles but by 2032, Trump will be in his mid-80s if he's still alive.

[IsailedawayfromFR]

Ah... but then there's the second part of the disqualification.
 Because Trump has already been elected more than once, he cannot serve more than two years if somehow the 22nd Amendment is interpreted to allow him to succeed to the Presidency in some other way (for example, if someone already constitutionally ineligible wins the electoral college in 2028 as a dummy candidate with Trump as the VP nominee). Attempting to serve more than two years would create a legal paradox, and you can't invalidate a past election because of the prohibition on ex post facto, so he's stuck.

You could, in theory, do this for an infinite number of cycles but by 2032, Trump will be in his mid-80s if he's still alive.

Better read the writing in the 22nd Amendment one more time. I'll highlight the pertinent part.

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.

None are challenging the fact that no one can be elected to be President more than twice.  This is not about being elected after that.  It is about holding the office of President.

Once again, there are other ways to become President other than to be elected.

[Weird Tolkienish Figure]

Trump barely beat kamala, who presided over one of the worst economies in memory as well as the travesty of Biden's limitations, you really think that the public would stand for having Trump in as Veep and then the "main guy" resigning? That's insane. Trump would lose in a landslide and he wouldn't be able to blame it on fraud this time either.

[Cyber Liberty]

What I find interesting is that anybody would think Trump would be interested in being President, in his 80's.

[jmyrlefuller]

Better read the writing in the 22nd Amendment one more time. I'll highlight the pertinent part.

None are challenging the fact that no one can be elected to be President more than twice.  This is not about being elected after that.  It is about holding the office of President.

Once again, there are other ways to become President other than to be elected.

It means you cannot be elected more than once and serve more than two years by succession as the same person. It does not specify order. If you've already been elected more than once, that fulfills the "shall be" clause already and permanently (again, ex post facto is forbidden, you can't strike a past election from the record), meaning that no person who has already met that condition can serve more than two years.

[jmyrlefuller]

Keep in mind, WILL and SHALL do not mean the same thing, despite modern English using the terms interchangeably.

WILL means "in the future."
SHALL is a declaration.

You WILL (do something) is a prediction. You SHALL (do something) is a command.

[IsailedawayfromFR]

It means you cannot be elected more than once and serve more than two years by succession as the same person. It does not specify order. If you've already been elected more than once, that fulfills the "shall be" clause already and permanently (again, ex post facto is forbidden, you can't strike a past election from the record), meaning that no person who has already met that condition can serve more than two years.

Sigh, you do NOT have to be elected President or elected Vice President in order to become President.

There are other ways(read the Constitution and its Amendments).  The House can select a President in certain circumstances, as an example.

Oh, and BTW, read your quote one more time of the 22nd Amendment.  It is ONLY for people being ELECTED to the Office of the President, and has absolutely nothing to say about being elected to the Office of the Vice President nor of any other manner of becoming President. 

[libertybele]

No. No. and No.  Otherwise, every living President could become president again if certain 'scenarios' are accepted.

Two terms is the limit. That 22nd amendment was adapted for a reason. I don't want another Obama or Bush presidency.

[Kamaji]

Keep in mind, WILL and SHALL do not mean the same thing, despite modern English using the terms interchangeably.

WILL means "in the future."
SHALL is a declaration.

You WILL (do something) is a prediction. You SHALL (do something) is a command.

No.

[jmyrlefuller]

Sigh, you do NOT have to be elected President or elected Vice President in order to become President.

There are other ways(read the Constitution and its Amendments).  The House can select a President in certain circumstances, as an example.

Oh, and BTW, read your quote one more time of the 22nd Amendment.  It is ONLY for people being ELECTED to the Office of the President, and has absolutely nothing to say about being elected to the Office of the Vice President nor of any other manner of becoming President.

He already has been elected more than once, fulfilling the second part of the clause. The two years is a limit on being put in the office in any other way.

[IsailedawayfromFR]

He already has been elected more than once, fulfilling the second part of the clause. The two years is a limit on being put in the office in any other way.

No way the wording supports what you say it says.

It is pretty clear that it only pertains to elections only the office of President, and not what you believe it says.

And I'll leave it at that.

[Timber Rattler]

Guys, the text of the 22nd Amendment is pretty clear:

Twenty-Second Amendment

Section 1

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. But this Article shall not apply to any person holding the office of President when this Article was proposed by the Congress, and shall not prevent any person who may be holding the office of President, or acting as President, during the term within which this Article becomes operative from holding the office of President or acting as President during the remainder of such term.

Section 2

This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within seven years from the date of its submission to the States by the Congress.

Thus, a person can only serve as President ten years max, the final two years of a preceding deceased or resigned president, and two elected terms in their own right.  Remember the context of the amendment...Franklin Roosevelt died only a month into his 4th elected term, and Vice President Harry Truman stepped up to serve out the remainder of that term, for three years, and was himself re-elected in 1948.  As for Truman:

Because of the grandfather clause in Section 1, the amendment did not apply to Harry S. Truman, the incumbent president at the time it was submitted to the states by the Congress. This full exemption allowed Truman to run again in 1952. He had served nearly all of Franklin Roosevelt's unexpired 1945–1949 term and had been elected to a full four-year term beginning in 1949. But with his job approval rating at around 27%, and after a poor performance in the 1952 New Hampshire primary, Truman chose not to seek his party's nomination.

Thus, the most that Trump could theoretically serve is 10 years---two full elected terms plus 2 years IF he then served as Vice President for a future President and had to step up for whatever reason to finish two years of that term.  The chances of that are nil.

https://en.wikipedia.org/wiki/Twenty-second_Amendment_to_the_United_States_Constitution

[Wingnut]

Why are people listening to Bannon.  The guy is a slimy POS.  When I see a picture of the dude I feel the need to wash. 

[Cyber Liberty]

Why are people listening to Bannon.  The guy is a slimy POS.  When I see a picture of the dude I feel the need to wash.

I find myself wondering how many Angels  can dance on the head of a pin....

[corbe]

   IMHO Steve Bannon, along with many others, have paid a hell of a price for attaching themselves with the MAGA Movement.

   I can mention two off hand.

[Timber Rattler]

   IMHO Steve Bannon, along with many others, have paid a hell of a price for attaching themselves with the MAGA Movement.

   I can mention two off hand.

And John Eastman, Sidney "the Kraken" Powell, Kenneth Chesebro, Lin Wood, Mike Flynn, and Jenna Ellis, among others, the Democrat lawfare machine has destroyed. 

[Weird Tolkienish Figure]

   IMHO Steve Bannon, along with many others, have paid a hell of a price for attaching themselves with the MAGA Movement.

   I can mention two off hand.

Both these guys have themselves to blame for their predicaments.

[jafo2010]

The old adage about politicians and diapers applies to all, including Trump.  Keep them around long enough, they all stink!

Trump will not want a 3rd term.  He has already paid a big enough price.  Any of you honestly think this term will be any different than the 1st term?  Seriously?  With a RINO running the Senate?

Hell, Trump was calling Rep Chip Roy a maggot the other day.  He is utterly clueless how to get anything done other than by EO.  In no time, he will have managed to alienate enough Republicans that no one in Congress will work with him.

FOUR YEARS OF GRIDLOCK!   

A Congress that no longer believes they need to accomplish anything, a POTUS that is clueless about building coalitions.  He is too used to doing as he pleases in his own businesses.  The federal government does not operate like his businesses.

[Timber Rattler]

Both these guys have themselves to blame for their predicaments.

There's some truth in that BUT the judicial response has totally been disproportionate and unconstitutional.

[Timber Rattler]

Hell, Trump was calling Rep Chip Roy a maggot the other day.  He is utterly clueless how to get anything done other than by EO.  In no time, he will have managed to alienate enough Republicans that no one in Congress will work with him.

You are 100% right.  Trump is flush with victory and power right now, and he's going to try and govern by dictate.  He has no clue about how the legislative process works, unlike FDR and LBJ, and how to get what he wants through lasting law.  Whatever EOs he issues will simply be revoked by the next Democrat president.

[Weird Tolkienish Figure]

There's some truth in that BUT the judicial response has totally been disproportionate and unconstitutional.

Lindell is just a moron, I'm not sure what happened with Rudy. I think Trump has some photos of him or something. But I have no sympathy for either of these clowns.

[IsailedawayfromFR]

Guys, the text of the 22nd Amendment is pretty clear:

Thus, a person can only serve as President ten years max, the final two years of a preceding deceased or resigned president, and two elected terms in their own right.  Remember the context of the amendment...Franklin Roosevelt died only a month into his 4th elected term, and Vice President Harry Truman stepped up to serve out the remainder of that term, for three years, and was himself re-elected in 1948.  As for Truman:

Thus, the most that Trump could theoretically serve is 10 years---two full elected terms plus 2 years IF he then served as Vice President for a future President and had to step up for whatever reason to finish two years of that term.  The chances of that are nil.

https://en.wikipedia.org/wiki/Twenty-second_Amendment_to_the_United_States_Constitution

Nope, a President can always be selected instead of elected.  Read the Constitution on how the House decides the President under certain circumstances.

And the only prohibition of the 22nd Amendment pertains to an election as President, not other ways to become President.

[Kamaji]

Nope, a President can always be selected instead of elected.  Read the Constitution on how the House decides the President under certain circumstances.

And the only prohibition of the 22nd Amendment pertains to an election as President, not other ways to become President.

Desire overcomes reality, once again.

[DefiantMassRINO]

Let the "Constitutional scholars" fight it out in the school parking lot at 3:00 PM.

If Donald Trump can run for a 3rd term, so can Obama, Clinton, and Bush '43.

America needs to move forward, not look backwards. 

We need leaders who don't have to wear Depends.

[IsailedawayfromFR]

Desire overcomes reality, once again.

Don't understand that one.

What desire are you talking about anyway?

[berdie]

Let the "Constitutional scholars" fight it out in the school parking lot at 3:00 PM.

If Donald Trump can run for a 3rd term, so can Obama, Clinton, and Bush '43.

America needs to move forward, not look backwards. 

We need leaders who don't have to wear Depends.

So let's hope there are no ways for a third or more term!

[Timber Rattler]

Nope, a President can always be selected instead of elected.  Read the Constitution on how the House decides the President under certain circumstances.

And the only prohibition of the 22nd Amendment pertains to an election as President, not other ways to become President.

There has to be a tie in the Electoral College count for that to even happen.  And even then, there would necessarily be a lot of horse trading in smoky backrooms, as in 1876-1877. 

[Cyber Liberty]

I like pie.

[IsailedawayfromFR]

There has to be a tie in the Electoral College count for that to even happen.  And even then, there would necessarily be a lot of horse trading in smoky backrooms, as in 1876-1877.

Yes and yes.

Which goes back to my very first comment that a twice elected President is not prohibited from being eligible for becoming president once again, as long as he is not trying to be elected to that office.