How to Serve Three Terms as President (LegalEagle’s Real Law Review)

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Didn't expect that last loophole. I'm certain a former President becoming Vice President would be challenged in court though.

👍︎︎ 8 👤︎︎ u/MyClitBiggerThanUrD 📅︎︎ Mar 13 2020 🗫︎ replies

It is an obviously loophole, you could do the VP DEAD PRESIDENT thing indefinitely and not strictly violate the wording of the amendment. Mind you that would obviously be subject to legal challenge. But given how the American Courts work the outcome of such a challenge would be a political one not a legal one.

The US has really stopped having 'legal laws' they're more just 'political laws' now. 💁‍♀️😂

👍︎︎ 3 👤︎︎ u/corruptboomerang 📅︎︎ Mar 14 2020 🗫︎ replies
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- This episode of LegalEagle was made possible by Skill Share. Learn to think like a lawyer for free for two months by clicking on the link in the description. Various corners of the internet have suggested that President Trump is somehow eligible to run for a third term as President. - I'd be for a third term in heartbeat, yeah. - If we could put him on another third term, we got him. - Pundits have jumped in, and even the President himself has suggested that he might be eligible to get more than eight years in office. - And then do you want to really drive them crazy? Go to #thirdterm #fourthterm. You'll drive them totally crazy. - On multiple occasions. - And if things keep going like they're going, we'll go and we'll do what we have to do. We'll do a three and four and a five. - Of course, we all learned in grade school that President's are limited to two terms. But is there a clever way around it, through, perhaps, impeachment or an end run around the vice presidency? Well, I took a deep dive into this just because I was curious, and also terrified. So you don't have to. So stick around and let's figure out if there's a way to get more than eight years in office as President. (grand orchestral music) Hey, LegalEagles, it's time to think like a lawyer, because Jerry Falwell, Jr. suggested that President Trump should add two years to his presidency to make up for the indignity of the Mueller investigation, tweeting, "After the best week ever for @realDonaldTrummp - "no obstruction, no collusion, New York Time admits "Barack Obama did spy on his campaign, "and the economy is soaring. "I now support reparations - Trump should have two years "added to his first term as pay back for time stolen "by this corrupt failed coup." Adding fuel to the fire, President Trump has sometimes speculated on whether he could seek a third term. - Under the normal rules, I'll be out in 2024. So we may have to go for an extra term. - Now, the 22nd Amendment limits a President to two terms in office. But other President's have also mentioned serving a little bit longer. During his second term in 1987, Ronald Reagan said maybe there should be a movement to repeal to the 22nd Amendment. And the grandiosity is not limited to Republicans. Barack Obama said that he thought he could be elected a third time if he was eligible to run. And all this poses the question, can a President serve more than eight years in office? Now, to answer this question we have to go all the way back to the Revolutionary War. The framers seriously considered making the office of presidency a lifetime appointment. And although they didn't go through with this plan, they were still reluctant to limit the President's time in office. As a result, there were no term limits in the version of the Constitution that was ratified in 1788. The final version of the Constitution ratified by the states made the office of President a four year position. The Constitution also granted the office of Vice President who would be the President's successor in the event the President could no longer serve. Of course, at the time the Constitution specified that the person who finished second in the Presidential election would win the vice presidency, which was a terrible idea that had horrible repercussions that I'll probably cover in another video. Now, George Washington was the only man ever seriously considered for the first President of the United States. Everyone assumed he would win in a landslide. And he did twice. This is probably why many people would have been happy to make Washington President for life. Or an elected king. Luckily, Washington was not okay serving as President for life, so when he ran he privately assured people that he wouldn't even serve a full four-year term. And he confided in Alexander Hamilton that he thought he would only serve for two years and get everything straightened out and then retire early. Though Washington did run for President twice and was elected twice, he decided to retire after the end of his second term. This move set a precedent that lasted 150 years. Washington's retirement established a custom that President's followed until the 20th Century when Franklin Delano Roosevelt was elected four times. This is why customs and laws are different. A custom is defined as a traditional and widely accepted way of behaving or doing something that is specific to a particular society, place, or time. A custom is an accepted norm that cannot be enforced by law. By contrast, laws, as you know, are systems of rules enacted by a governing authority which can enforce them through penalties. And although most President's followed Washington's custom of quitting after two terms, some of them tried for a third term. Ulysses S. Grant ran for a third term in 1880, but lost to James Garfield in the Republican primary. Grover Cleveland wanted a third term, but nobody wanted him. Now, Teddy Roosevelt served as Vice President for James McKinley and became President in 1902 after McKinley was assassinated. Now, T. Dog was re-elected in 1904 and served a full four-year term. But in 1912 he ran for a third non-consecutive term, this time as nominee of the Progressive Party. But he lost to Woodrow Wilson. Wilson himself sought a third term, but the Democratic Party declined to nominate him. Enter Franklin Delano Roosevelt. Franklin Roosevelt is the only person elected for President for more than two terms. He succeeded in getting a third term because he was President during a time of unprecedented crisis for America, both the Great Depression, and World War II. - I will, with God's help, continue to serve with the best of my ability and with the fullness of my strength. - Of course, the rest is history. Roosevelt was elected to a fourth term in 1944, shattering the two term custom. At the same time, in Great Britain the war also prompted a crisis of leadership. In 1940, Britain amended its Parliament Act, which had permitted a general election every five years. Parliament instead opted to extend Winston Churchill's government for five more years. Although the war was Roosevelt's primary justification for serving four terms, not everyone was okay with this development. Members of Congress had been proposing term limit motions for 140 years, and they continued to do so during Roosevelt's time in office. Roosevelt was in office from 1933 until 1945. Roosevelt died in office just 11 weeks into his fourth term, at which term Vice President Harry Truman became President. In 1947, Congress passed the 22nd Amendment which limited the President to two four-year terms in office. If was finally ratified by the states in 1951. Now, the 22nd Amendment reads "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." So the 22nd Amendment says a person can only be elected to be President two times for a total of eight years. A person can serve for a maximum of 10 years in the case of a President who is ascended to the position as a Vice President. That means it's theoretically possible for a President to serve more than eight years in office. And a funny thing actually happened while Congress and the states were ratifying the 22nd Amendment limiting the number of years a person can serve as President. In fact, President Truman tried to win a third term in 1952. The amendment didn't apply to him, since he was President when the rule was passed, because the second clause in the 22nd Amendment reads "But this Article shall not apply to any person "holding the office of President when this Article "was proposed by 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." So that gave Truman the green light to run again. But Truman dropped his bid when he lost the New Hampshire primary. But, of course, because you're watching this video right now this amendment did not settle the debate over term limits. And Truman wasn't the last President to consider a third term. So the question is what happens if a President dies, resigns, or is impeached? The 22nd Amendment has a provision covering what happens if the Vice President is forced to take over. If a Vice President takes over because the President dies, is forced to resign, or is impeached, then serves less than two years, then the person may serve for two terms as President. So for example, if Donald Trump were to die between now and January of 2021, which seems unlikely given that he's the paragon of health, then Mike Pence could take over and run for two terms as President serving out roughly nine years as President. But if the President dies within two years of getting the office, like FDR, who died within 11 weeks of getting his fourth term, then the person who becomes President can only serve out the remaining portion of that President's term and seek re-election once. This would have been the situation for Vice President Gerald Ford, who stepped in after President Nixon resigned in 1973. Ford was only eligible to be re-elected once. He pardoned Richard Nixon, and lost the 1976 election to Jimmy Carter. And if you read the text of the 22nd Amendment, it seems to have some open questions. For example, does it only prevent consecutive four year terms? Can a person serve two terms, return to private life, and then come back for a third? Well, the answer is no. A President cannot run for a third term after skipping a term. The amendment does actually count the years served, not concurrent terms. President Obama, for example, has already served two terms, and eight years. He cannot run for two more consecutive terms later in his life, or even one more term later in his life. Now, some of President Trump's supports have suggested that since he was impeached by the House, but not convicted in the Senate, he's eligible to run for two more terms. The reasoning seems to be that impeachment, even without removal from office, nullifies his first term in office. So what impact, if any, does the impeachment process have on a person's ability to serve more than two terms? Well, the constitutional mechanism for impeachment of a federal officer, including a President, is set forth by Article II, Section 4 of the Constitution, which reads, "the President, Vice President, "and all civil officers of the United States "shall be removed from office on impeachment for, "and conviction of treason, bribery, "and other high crimes and misdemeanors." The House did in fact impeach President Trump. Don't listen to anyone that says President Trump was not impeached. He was. But the Senate did not vote to convict and remove. Now, the Constitution in Article I, Section 3 says that the political consequences of impeachment "shall not extend further than to removal of office, "and disqualification to hold and enjoy any office "of honor, trust or profit under the United States." This means that if a President is impeached and removed his or her removal is the only political consequence that they face. Now, the person may still face criminal charges, but that's not a political issue. Although, President Trump and his supporters have argued that impeachment nullifies an election's results, this is definitely not the case. The only political consequence of impeachment are removal and disqualification, which we'll get to in a minute. Impeachment doesn't operate to somehow give the impeached person more time in office. So President Trump's time in office is not nullified, and he's still bound by the 22nd Amendment. But what would happen if a President was impeached and removed? Could he or she run for a third term then? Well, the text of Article I, Section 3 seems to imply that impeachment and conviction disqualifies a person from running for a high office later on in their post-impeachment life. Section 3 says that in addition to removal, the only political consequence of conviction is "disqualification to hold and enjoy any office "of honor, trust, or profit under the United States." In 2015, the Congressional Research Service explained that the Senate would need to vote separately on whether a person is disqualified from future office in conjunction with the impeachment trial, stating, "although removal from office would appear to flow "automatically from conviction on an article of impeachment, "a separate vote is necessary should the Senate deem it "appropriate to disqualify the individual convicted "from holding future federal offices of public trust. "Approval of such a measure requires only the support "of a simple majority." The report concluded that even if a person is removed from federal office, they may still hold another high office, even President, if voters elect them. The Senate has used this procedure to decide whether other federal office holders, like judges, should be barred from future federal offices. If applied in the Presidential context, the Senate could vote by majority to disqualify a convicted President from future office. There's an additional wrinkle to disqualification. The Constitution isn't clear on which public offices are those of "honor, trust, or profit." You might conclude that offices of Senator, Representative, or President are such offices. Or you can conclude exactly the opposite. This has not been settled, or even tested. The Congressional Research Office is not necessarily the final word. That would be with the Supreme Court presumably. And maybe this section of the Constitution merely means a person is disqualified for federal offices, but is free to run for state office. But the bottom line is this. If the Senate convicts the President and doesn't hold the crucial follow-up vote on disqualification, that person is free to run for another office. This may include the presidency, but only if the person has not served two full terms. Then that's all well and good about the presidency. But maybe the vice presidency is an end run around the 22nd Amendment. So the first question is do Vice President's even have term limits? The answer is actually no. Vice President's are not subjected to term limits. They are treated the same as members of Congress, who also have no limits on how long they can serve. Now, Mike Pence might never become President. But let's say he serves out eight full years with President Trump, and then audible shudder, Ivanka Trump becomes President in 2024. Could Mike Pence then serve as her Vice President? The answer is yes. If Mike Pence wants to become a kind of permanent Vice President President sitter, there's nothing in the Constitution that would prevent this scenario. In fact, this has actually happened twice. George Clinton. No, not that George Clinton, and not that Parliament. It was George Clinton, who was the Vice President for both Thomas Jefferson and James Madison. Similarly, John C. Calhoun served as under both John Quincy Adams and Andrew Jackson. So we know that Vice President's can serve more or less indefinitely. But there's one hypothetical that certain parts of the internet have really glommed onto. There might be one actual way to get around the limitations of the 22nd Amendment. That involves the office of vice presidency. It might be possible for an ex-President to become Vice President and actually get more time in office than they normally would. But the first question is, can an ex-President even serve as Vice President? The answer is yes. This seems like the last thing any ex-President would actually want to do. But a President is not barred from later deciding to be the Vice President. No former President has ever volunteered to be Vice President, but there's nothing in the Constitution that would stop it. So given that a former President can actually be Vice President, one way to potentially get around the 22nd Amendment would be for the President to step down after their second full term, to then serve as someone else's Vice President, and then for that President to step down, or resign, or be impeached, or to just die. At that point the Vice President would then attain the office of presidency. So in that situation, the President turned Vice President, turned President again wouldn't be elected to the office of President more than twice. But they would be able to serve out more than the mere eight years. And if you couple that with becoming President after starting out as Vice President, that could be 10 years already, you could add almost four years on top of that. But hopefully that situation never happens. It's a constitutional ambiguity, and hopefully we won't have to deal with that. But I, for one, don't understand why any President would want to run for a third term, because being President is temporary. But being a YouTube star is forever. Any idiot can be President, but it takes more than being a stable genius to be on YouTube. And if you want to start your own YouTube channel, I'd recommend Sorelle Amore's Skill Share class, YouTube Success Build an Authentic Channel That's Worth the Follow. Sorelle shares her favorite tips and techniques for building up a devoted online following, using examples from her own past content and other creators she loves. And remember, YouTubers are not limited to two terms of four years each by the 22nd Amendment. Skill Share is an online learning community that has tens of thousands of classes on everything, like design, technology, business, music, you name it. A yearly membership is less than $10 per month. The first 500 LegalEagles will get two free months of Skill Share when you click on the link below. Plus, it really helps out this channel. Just click on the link. The free premium membership gives you unlimited access to must-know topics so you can improve your skills and learn new things, all free for two months. Improve yourself now so you're not limited to just being the President of the United States. So do you agree with my analysis? Leave your objections in the comments, and check out my other real law reviews over here where I talk about all of the legal issues of the days, like Devin Nunes's lawsuits and Presidential impeachment. Just click on this playlist, and I'll see you in court.
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Channel: LegalEagle
Views: 1,665,822
Rating: 4.5506883 out of 5
Keywords: Legaleagle, legal eagle, breaking news, case, congress, court case, crime, guilty, jury, latest news, news, not guilty, political, politics, politics news, scotus, supreme court, the trial, trial, Verdict, copyright, law advice, legal analysis, lawyer, attorney, Real lawyer, Real law review, 22nd amendment, roosevelt, trump, election, third term
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Length: 16min 10sec (970 seconds)
Published: Fri Mar 13 2020
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