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Legal / Constitution Guys - What Would It Take To Change The POTUS Term Limit? (1 Viewer)

Joe Bryant

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Looks like Putin would like to extend his term limit for President of Russia.

I'm sure this will start questions about President Trump trying to do the same thing (assuming he gets a 2nd term)

This frankly seems impossible to me.

But thought I'd ask. What are the the specific legal processes that would have to happen for the POTUS term limits to change?

 
Looks like Putin would like to extend his term limit for President of Russia.

I'm sure this will start questions about President Trump trying to do the same thing (assuming he gets a 2nd term)

This frankly seems impossible to me.

But thought I'd ask. What are the the specific legal processes that would have to happen for the POTUS term limits to change?
Has to be a constitutional amendment.  Here's the process:

The Constitution provides that an amendment may be proposed either by the Congress with a two-thirds majority vote in both the House of Representatives and the Senate or by a constitutional convention called for by two-thirds of the State legislatures. None of the 27 amendments to the Constitution have been proposed by constitutional convention. The Congress proposes an amendment in the form of a joint resolution. . . . . A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the States (38 of 50 States).
For what it's worth, my view is that it's way too difficult to amend our constitution.  If I could propose one amendment it would be an amendment that makes it easier to pass future amendments.

 
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Looks like Putin would like to extend his term limit for President of Russia.

I'm sure this will start questions about President Trump trying to do the same thing (assuming he gets a 2nd term)

This frankly seems impossible to me.

But thought I'd ask. What are the the specific legal processes that would have to happen for the POTUS term limits to change?
First of all what Putin is doing in Russia is not strictly legal, within Russia.

But at any rate, the US would require a 2/3rds vote of the Congress. Not happening. - I think some sort of legal challenge or claim of emergency or loophole declaration by Trump - a la Putin - to get around the Constitution entirely would be a more likely scenario. - I'm not at all predicting or even saying this is even remotely possible, I'm just saying if Trump did try it that would be the way it would be done. He's been working the courts and the Senate/Congress in a similar way with other constitutional provisions so far already.

 
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First of all what Putin is doing in Russia is not strictly legal, within Russia.

But at any rate, the US would require a 2/3rds vote of the Congress. Not happening. - I think some sort of legal challenge or claim of emergency or loophole declaration by Trump - a la Putin - to get around the Constitution entirely would be a more likely scenario. - I'm not at all predicting or even saying this is even remotely possible, I'm just saying if Trump did try it that would be the way it would be done. He's been working the courts and the Senate/Congress in a similar way with other constitutional provisions so far already.
https://abcnews.go.com/International/wireStory/russian-lawmaker-suggests-scrapping-presidential-term-limits-69500911

The talk in Russia is proposing a constitutional amendment that would make it legal in Russia. Right?

 
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https://abcnews.go.com/International/wireStory/russian-lawmaker-suggests-scrapping-presidential-term-limits-69500911

The talk in Russia is proposing a constitutional amendment that would make it legal in Russia. Right?
Technically not substantively. Putin has already changed the Constitution once. He’s seized control of elections, provincial/oblast/city level governments, the press, the Duma. People are being arrested for social media posts. I usually post (mostly) to myself in a Russia thread, maybe I’ll update on this. It’s a long and sad story. My point was it’s not a true comp IMO.

 
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Looks like Putin would like to extend his term limit for President of Russia.

I'm sure this will start questions about President Trump trying to do the same thing (assuming he gets a 2nd term)

This frankly seems impossible to me.

But thought I'd ask. What are the the specific legal processes that would have to happen for the POTUS term limits to change?
In theory, the 22nd Amendment to the Constitution would need to be changed (current text: "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.").

That means: 2/3rds approval by the House and Senate, plus majority approval by legislatures of 3/4s of the states.

In reality, there are several ways in which a president could circumvent the 22nd Amendment to remain in power indefinitely. One such method is to run as the Vice Presidential candidate, then have your running mate resign immediately after he's sworn in. (This may seem far-fetched, but similar events have happened before -- see George Wallace in Alabama in the '60s, for example.)

 
Technically not substantively. Putin has already changed the Constitution once. He’s seized control of elections, provincial/oblast/city level governments, the press, the Duma. People are being arrested for social media posts. I usually post (mostly) to myself in a Russia thread, maybe I’ll update on this. It’s a long and sad story. My point was it’s not a true comp IMO.
Well in Russia you agree with Putin or drink Iced Tea sweetened with polonium. 

 
Putin is a ruthless, mass murdering, dictator, which is why Trump's constant admiration of him is really alarming.   So he can be "elected" president for as long as he wants. 

 
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There are a few ways to do it.

One is to amend the Constitution using the procedure set forth in Article V in order to repeal the 22nd amendment.

Another way is to appoint ten new Supreme Court justices who will creatively interpret the 22nd amendment away.

Another way is to just disregard any stupid rules about term limits and stay in office by canceling elections because what are you going to do about it? (This seems to be the current president’s approach to the Emoluments Clause, for example.)

 
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From the New Republic:

Now, just three years into the Trump era, and a whole new brand of negative partisan division, my survey finds that these indexes have skyrocketed. Seventy-one percent of Republicans and 55 percent of Democrats now regard the opposition party as a force that stokes baleful national decline. 
If 71% of your supporters think the other side is too dangerous to have a majority in government/White House, then we are indeed getting close to "what are you gonna do about it?" territory. 

 
[scooter] said:
In reality, there are several ways in which a president could circumvent the 22nd Amendment to remain in power indefinitely. One such method is to run as the Vice Presidential candidate, then have your running mate resign immediately after he's sworn in. (This may seem far-fetched, but similar events have happened before -- see George Wallace in Alabama in the '60s, for example.)
It's an open question as to whether a person who is ineligible to be president could be elected VP. I briefly remember hearing this subject discussed when politicians like Jennifer Granholm and Arnold Schwarzenegger, both of whom were born outside the US, were being mooted as potential VPs. 

But if the last few years have taught us anything, it's that you can get away with a lot if you have the votes in Congress and/or the Supreme Court.

 
It's an open question as to whether a person who is ineligible to be president could be elected VP. I briefly remember hearing this subject discussed when politicians like Jennifer Granholm and Arnold Schwarzenegger, both of whom were born outside the US, were being mooted as potential VPs. 

But if the last few years have taught us anything, it's that you can get away with a lot if you have the votes in Congress and/or the Supreme Court.
If ineligible people can be elected VP then I think Biden's VP choice is a no brainer.  Barack Obama.  Get the team back together.

 
There are a few ways to do it.

One is to amend the Constitution using the procedure set forth in Article V in order to repeal the 22nd amendment.

Another way is to appoint ten new Supreme Court justices who will creatively interpret the 22nd amendment away.

Another way is to just disregard any stupid rules about term limits and stay in office by canceling elections because what are you going to do about it? (This seems to be the current president’s approach to the Emoluments Clause, for example.)
I'm not sure I follow @Maurile Tremblay with the second two.

How would a president appoint 10 new justices? Are you saying remove them and appoint new ones?

Or ignore elections? 

Am I :whoosh:

 
I'm not sure I follow @Maurile Tremblay with the second two.

How would a president appoint 10 new justices? Are you saying remove them and appoint new ones?

Or ignore elections? 

Am I :whoosh:
Right now there are 9 justices, but that number is not fixed. (See point #2 here.) It can be raised to 19 so that the 10 new justices can outvote the current 9. Congress would have to go along with it, so it’s not all that realistic...

 
There are a few ways to do it.

One is to amend the Constitution using the procedure set forth in Article V in order to repeal the 22nd amendment.

Another way is to appoint ten new Supreme Court justices who will creatively interpret the 22nd amendment away.

Another way is to just disregard any stupid rules about term limits and stay in office by canceling elections because what are you going to do about it? (This seems to be the current president’s approach to the Emoluments Clause, for example.)
There was a pretty spooky twitter thread about this from a couple constitutional scholar-types about how this could be done. Using the coronavirus as the scapegoat. Basically making public gatherings illegal due to the virus, canceling elections for health reasons, and basically using the previous ruling to arrest the inevitable public protesters because of the now canceled elections. There was more legal details I'm forgetting but it seemed plausible. 

 
I'm not sure I follow @Maurile Tremblay with the second two.

How would a president appoint 10 new justices? Are you saying remove them and appoint new ones?

Or ignore elections? 

Am I :whoosh:
Right now there are 9 justices, but that number is not fixed. (See point #2 here.) It can be raised to 19 so that the 10 new justices can outvote the current 9. Congress would have to go along with it, so it’s not all that realistic...
Why do you assume that the number would need to be raised to 19?

 
fatguyinalittlecoat said:
Has to be a constitutional amendment.  Here's the process:

For what it's worth, my view is that it's way too difficult to amend our constitution.  If I could propose one amendment it would be an amendment that makes it easier to pass future amendments.
0ur rights are too important to make it easy for idiot politicians to change.  Our Constitution was a brilliant document.  

 
Perhaps we could have President Trump sign an executive order this year to only allow  one 4 year term for President. Kind of get him to sign like Radar did with Col. Henry Blake where he didn’t always know what he was signing.

 
There was a pretty spooky twitter thread about this from a couple constitutional scholar-types about how this could be done. Using the coronavirus as the scapegoat. Basically making public gatherings illegal due to the virus, canceling elections for health reasons, and basically using the previous ruling to arrest the inevitable public protesters because of the now canceled elections. There was more legal details I'm forgetting but it seemed plausible. 
don't be surprised if something like this actually happens. trump knows he's in serious legal jeopardy the moment he is no longer president and therefore has little to lose with a gambit like this

 
You’re right. Obama and Biden did a great job steering us out of the worst recession in history and get us back on track and moving forward.  
Meh.  Slowest recovery every.  👍

When your calling card is "Hey, we're average at best" maybe it's time to think of someone new.

 
don't be surprised if something like this actually happens. trump knows he's in serious legal jeopardy the moment he is no longer president and therefore has little to lose with a gambit like this
Wow.  I don't know where to begin with this.  

 
Meh.  Slowest recovery every.  👍

When your calling card is "Hey, we're average at best" maybe it's time to think of someone new.
When your calling card is South Korea 200,000 and USA 8500 it’s definitely time to think of somebody new.  

 

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