Why We’re Talking About the Loophole That Could Give Trump a Third Term
SlateSign up for the Slatest to get the most insightful analysis, criticism, and advice out there, delivered to your inbox daily. But some legal scholars have identified a potential workaround that a president with dictatorial ambitions—that is, someone like Donald Trump—might seek to exploit in pursuit of a third term. I argued in this episode that Trump could, in theory, exploit a loophole in the Constitution to serve a third term. Because if it’s true that a twice-elected president can serve a third term as long as he isn’t directly elected to it, then he is not “constitutionally ineligible to the office of President” under the 12th Amendment. Which leads to the other meta-question raised by some in response to Mark’s answer to the question of Trump possibly serving a third term.