Alan Dershowitz, a distinguished figure in the American legal landscape, has sparked a provocative discussion by asserting that the U.S. Constitution does not explicitly bar President Donald Trump from serving a third term..
This assertion has long been a point of contention among both supporters of Trump's policies and those vehemently opposed to his presidency.
Dershowitz, who holds the prestigious title of Felix Frankfurter Professor of Law at Harvard, is a familiar face in media circles as a political commentator and legal analyst. His legal career includes defending high-profile figures such as Claus von Blow, Jim Bakker, and Harvey Weinstein.
As reported by WND, Dershowitz clarifies that while the Constitution prohibits Trump from being "elected" to a third term, it does not preclude him from serving one. This distinction, he argues, is rooted in the specific wording chosen by the framers of the 22nd Amendment.
Dershowitz recently presented Trump with a copy of his forthcoming book, "Could President Trump Constitutionally Serve a Third Term?" which delves into this constitutional conundrum. "He smiled when he saw the title," Dershowitz recounted to the Washington Examiner. "He found it interesting as an intellectual issue."
The 22nd Amendment, which limits a President to two elected terms, is at the heart of this debate. Dershowitz points out that the framers deliberately avoided language that would have barred a president from serving, holding, or acting in the role beyond two terms.
The legal scholar embarked on this exploration after encountering dismissive attitudes from other legal academics. "Whenever somebody tells me something is unthinkable, I immediately want to think about it," he remarked. His book explores various hypothetical scenarios, including the potential succession of the presidency in the event of the deaths of both the President and the Vice President. "Would the courts interfere if the secretary of state ascended to the presidency and was sworn in?" Dershowitz pondered. "It's just not clear."
Despite the intriguing legal possibilities, Dershowitz does not believe Trump is actively pursuing a third term. However, the notion has gained traction in some circles. The report notes that Steve Bannon, former White House chief strategist, has openly entertained the idea of a "Trump 2028" campaign.
On his War Room podcast, Bannon suggested that the 22nd Amendment could be subject to "aggressive legal interpretation," claiming that its language is sufficiently ambiguous to allow for maneuvering.
This discussion raises questions about the interpretation of constitutional amendments and the potential for legal challenges. While Dershowitz's analysis may not reflect an immediate political reality, it underscores the complexities of constitutional law and the enduring debate over presidential term limits. As the conversation unfolds, it remains to be seen whether these legal theories will gain further traction or remain an intellectual exercise.
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