Lawyers explore loophole theory for Trump’s return to power
A legal theory suggests Donald Trump could remain in power until 2037 by bypassing the 22nd Amendment through vice presidency and resignations.
The Daily Mail has reported on a legal theory suggesting that Donald Trump could potentially remain in power until 2037. This possibility is based on an interpretation of the 22nd Amendment to the U.S. Constitution proposed by Professor Bruce Peabody in a 1999 article for the Minnesota Law Review.
According to the 22nd Amendment, a president cannot be "elected more than twice." However, Peabody argues that the restriction only applies to being elected through elections. Theoretically, a person who has already been elected president twice could once again assume the office by being appointed vice president and then succeeding the president upon their resignation.
The proposed scheme works as follows: in 2029, a newly elected U.S. president could appoint Trump as vice president and then voluntarily resign. In this case, Trump would automatically become president under the presidential line of succession. Peabody speculates that this process could be repeated, allowing Trump to remain in power for an extended period despite term limits.
This interpretation remains purely theoretical and has not been tested in practice. Implementing such a scenario would likely provoke intense political and constitutional controversy. There is no precedent for this in U.S. history, and the issue of presidential succession is tightly regulated and monitored by Congress and the Supreme Court.
If such a hypothetical term were to end in 2037, Trump would be 90 years old. Nonetheless, the discussion of this scenario reflects ongoing attention to his role in American politics and highlights legal ambiguities in the interpretation of constitutional norms.
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