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Clifford Winston on Trump's Third Term Talk and Supreme Court's Role

Forbes Breaking NewsMay 7, 202514 min12,711 views
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Trump's Third Term Speculation

  • 💡 President Trump has reportedly been considering the idea of a third term, moving beyond previous jokes and exploring potential methods to achieve it.
  • ⚠️ This speculation is seen as a potential source of increased hostility between political factions, highlighting a need for clarity.

The 22nd Amendment and Legal Loopholes

  • ⚖️ The 22nd Amendment states no person shall be elected president more than once, but the term "elected" has been a point of discussion.
  • 🧩 A proposed loophole involves Trump running as Vice President with JD Vance, who would then supposedly hand over the presidency.
  • 🚫 However, legal arguments suggest Trump could not serve as Vice President if he is ineligible to serve as President due to the 22nd Amendment.

Supreme Court's Potential Role

  • 🏛️ Clifford Winston argues the Supreme Court should step in to clarify the 22nd Amendment, stating it's a "cut and dry" issue.
  • ❓ A counterargument is that the Court should not comment on cases not formally brought before them, adhering to ethical standards.
  • 🚀 Winston believes an early statement from the Court would be beneficial to prevent prolonged division and potential leverage by Trump.

Judicial Ideology and Decision-Making

  • 🧠 Winston expresses concern that Supreme Court decisions are often based on ideological preferences rather than purely legal interpretations.
  • ⚖️ He suggests that justices may find legal justifications for desired outcomes, with Justices Thomas and Alito likely supporting Trump's potential third term, while Roberts and Barrett's positions are less certain.
  • 🗣️ Roberts has previously shown dissatisfaction with Trump's actions, and Barrett recently sided with liberal justices on a Trump-related case, indicating potential independence.

Feasibility and Future Actions

  • 📈 The feasibility of Trump attempting a third term depends on his continued popularity and political landscape.
  • ❓ If Trump decides to run, it's expected a case will be brought before the Supreme Court, with the attitude of having "nothing to lose."
  • 🗣️ Even if the Supreme Court offers an opinion, Winston believes Trump would interpret it as a starting point for negotiation rather than a definitive end.
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What’s Discussed

Third Term22nd AmendmentSupreme CourtDonald TrumpJD VancePresidential EligibilityJudicial IdeologyLegal InterpretationBrookings InstitutionPolitical Division
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