this post was submitted on 14 Nov 2024
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im 100% canadian, I dont live in the US and wondering about your system.

so as i understand your political system, a president can only hold office 2 terms. in Trumps case, he served once already, does that mean he can only serve one more, or is the clock reset and he gets a shot at 8 years?

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[–] [email protected] 68 points 1 day ago (3 children)

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

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.

"No person shall be elected to the office of the President more than twice," doesn't say consecutively. It would take a HUUUUGE leap of logic to insert that word where it doesn't exist. I'm sure someone will make the argument, but by the letter and the intent of the law, Trump is done after this term.

"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." If Trump has a heart attack and dies before January 20, 2027, Vance would take over and serve 2+ years as President, meaning he could only be elected once for one four-year term.

The rest of Section 1 just means anyone who was in office at the time is grandfathered into the old rules (no limits).

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[–] [email protected] 6 points 1 day ago* (last edited 1 day ago) (5 children)

The two term limit was set by the 22nd amendment to the U.S. Constitution. The language in it is that no person may be elected to the office of President for more than two terms. It does not specify any criteria about consecutive terms, meaning it doesn't matter. They simply can't be elected more than twice to the office President under any conditions. It also specifies that if they served more than two years as President when they weren't elected to that office (such as when a VP assumes the office after the President dies), they can't be elected to the office of President more than once. In other words, a 2+ year term of a president after succeeding the previous president whose term ends early, counts as a full term in regard to this 2 term limit.

In other words, this SHOULD be his last term. There are two legal loopholes, however. 1) If he somehow managed to coerce a skip or elimination of the next election, he could assume another term without defying the constitution. There is currently no mechanism to do that, but an act of a partisan Congress upheld by the partisan Supreme Court could make such a thing possible. 2) if he ran as VP for another person, which is constitutionally allowed, he could be elected as VP and then the elected President could resign, die, or be removed from office and Trump would be President again. Also, a new amendment to the constitution could be passed to negate or modify the 22nd amendments' term limit. Though that would require a lot of Democrats also voting for it.

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[–] [email protected] 32 points 1 day ago (2 children)

US Presidents are limited to two terms, it doesn’t matter if they are consecutive. Grover Cleveland is the only other president who has served two non-consecutive terms.

Term-limits are a relatively recent addition though, the 22nd Amendment to the Constitution was only ratified in 1951 after Franklin Roosevelt served four terms.

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[–] [email protected] 10 points 1 day ago

I think it's technically written as 10 years. If a vice president replaced the president, he could serve 2 more terms as long as he only replaced the president for 2 years. If he served out more than 2 years, he could only be president for 1 additional term.

[–] [email protected] 16 points 1 day ago

Legally, yes. (But of course, the Supreme Court has turned interpreting the Constitution into a game of Calvinball.)

[–] [email protected] 9 points 1 day ago (1 children)

It's two terms period. They do not have to be consecutive. There are ways for a President to serve more than 8 years but it's very specific and not really applicable in Trumps case. Unless they decide to toss out the constitution, which honestly seems kinda likely, then it's two terms.

But he's also a 80 year old man who eats McDonalds and coca cola while painting himself with orange, probably lead based, paint. I don't expect him to survive the next 4 years to be able to run again.

[–] [email protected] 5 points 1 day ago

"Walk for president"

[–] [email protected] 3 points 1 day ago

Assuming he doesn't change the rules and appoint himself president forever, then the limit is 2 terms, consecutive or not.

Even if a person started their presidential mandate partway through a 4 year cycle (as happened after Nixon stepped down and after Kennedy was shot), it's still 2 terms, not necessarily 8 years.

If Trump dies in the next 4 years, Vance could serve out the current term and would only be eligible to become president for one additional term.

[–] [email protected] 4 points 1 day ago

Assuming he abides by constitutional law, this will be his final term.

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