With reaction and insights to the biggest stories and breaking news from the USA and a little bit of history thrown in.
Speaker AThis is America A history in the making.
Speaker AIt's Liam here for another edition of America A History in the Making.
Speaker AAnd I mean, there's always stuff going on, isn't there?
Speaker AThere's always news to talk about, especially when we're in a Trump administration.
Speaker ABut today I think it's probably important to start looking at what's gonna happen in 2028, because Trump has not been shy about hinting and teasing his MAGA base that maybe there's some way that he can be president again for a third term.
Speaker AAnd the fact that he uses law language like he probably, quote, probably won't run for President in 2028 indicates that he thinks he can, but he's choosing not to, which is really interesting language because we're going to look into this a bit today.
Speaker AWhat's going on, what Trump is saying and looking at the Constitution and, you know, historical precedents, what is actually most likely to happen over the next three years?
Speaker ABecause I think it's really important at this point so early on in his second term to sort of lay down the groundwork, set the context and really get us all on the same page and manage our expectations.
Speaker AYou know, can we really realistically worry about Trump getting a third term?
Speaker ASo just yesterday, Donald Trump gave an interview to the American News.
Speaker AAnd in his typically kind of non committal but kind of suggestive way, he basically said that JD Vance is most likely to be the Republican nominee in 2028.
Speaker AHe didn't outright say that, but according to this one article on MSN, when he was asked on Tuesday whether J.D.
Speaker Avance was the likely heir to the MAGA movement, he told reporters, quote, well, I think most likely, in all fairness, he's the vice President.
Speaker AIt's too early obviously to talk about it, but certainly he's doing a great job calling him very capable and most likely to secure the nomination.
Speaker ASo that's a massive pivot actually, from what we've heard from Trump up until this point, where before he wouldn't even acknowledge that there was any other possible alternative.
Speaker ABut that doesn't really solve the problem of what if Trump wants to be president again?
Speaker ABecause we've all talked about this, right?
Speaker AThere's constitutional barriers now.
Speaker ASo the 22nd Amendment of the Constitution, which was brought in after FDR, who you may know served, actually won four elections.
Speaker AHe served 12 years and died very soon after his his re election for a fourth term.
Speaker ASo then the 22nd Amendment was brought in to limit, legally limit the presidency to two terms.
Speaker AUp until that point, it was a precedence.
Speaker AThere was nothing stopping someone from running more than two terms.
Speaker ABut George Washington set that standard, and every president since has followed.
Speaker AIt was only because of World War II that FDR then decided, in a time of war, the change would have triggered more instability.
Speaker ASo that all happened.
Speaker A22nd Amendment was brought in.
Speaker ANow, that hasn't stopped the MAGA crowd from thinking about how Trump could still run.
Speaker AAnd the ideas for this range from everything as wild as, well, he could just change the Constitution, which is, let's not kid ourselves.
Speaker AThat's a huge deal that almost certainly won't be able to happen in three years because of the legal process that that needs to go through, Right?
Speaker AThere's just far too many opportunities for that to be stopped.
Speaker ASo let's just park that, because that's almost certainly not going to happen.
Speaker ANow, one of the other trains of thought from people is that, okay, well, if he wants to run for a third term, and this is where his words yesterday to the press may actually now have some relevance, right?
Speaker ASo if he wants to become president, why not run on the ticket as a vice president on this sort of gentleman's agreement, I guess, that let's say J.D.
Speaker Avance was the nominee, that when they won the election, he would step down and Trump could then assume the presidency for a third term through the back door, as it were.
Speaker ANow, the 22nd Amendment, I'm just to clarify this.
Speaker AThe 22nd Amendment restricts the number of terms that a president can legally be elected to be president.
Speaker ASo if you assume the office at least halfway through a presidential term, you are allowed to run for two more full terms.
Speaker ASo essentially, you could serve up to 10 years as president according to the 22nd Amendment.
Speaker ANow, Trump supporters are arguing that because of the wording of the 22nd Amendment, that that means that Donald Trump could become vice president and then assume the office because then he hasn't been elected as president.
Speaker ANow, this is where it gets complicated, right?
Speaker ABecause there are no legal limitations on the number of terms that anyone can serve as vice president.
Speaker ASo that kind of, to the MAGA crowd, it's like, okay, well, Trump could just do that every four years, right?
Speaker AAnd then constantly be president, president, president, but that can't happen, right?
Speaker ASo the 12th Amendment of the Constitution.
Speaker ANow, this goes into some detail around how the electors shall choose the president and the vice president.
Speaker ABut the last sentence of this amendment is the most important when we're talking about Donald Trump's potential continuation of his presidency.
Speaker AOkay, so although there is no legal limit on the number of terms an individual can serve as Vice President, the last line of the 12th Amendment reads, no person constitutionally ineligible to the office of President shall be eligible to that of Vice President of the United States.
Speaker ANow that could not be any clearer.
Speaker ASo essentially what that is saying is because Donald Trump is ineligible to be president for a third term, to be elected president for a third term, the Constitution is very clear about the fact that he is now no longer eligible to even be Vice President.
Speaker AThis was a very long winded way and I think it was very important to set this historical context because when we hear the things that Trump is saying in the news about, oh, probably this, probably that, actually when you look at the Constitution, unless he somehow in the next three years is able to change the Constitution and that would require huge amounts of buy in that he just simply wouldn't have across Congress and the Senate and it would require a Constitutional Convention and it would just be, it's unthinkable that there's any scenario over the next three years where that could happen because he would have to change either the 12th and, or the 22nd amendment or repeal them both.
Speaker ARight.
Speaker ASo let's assume that doesn't happen.
Speaker AThere is no legal route for Donald Trump to become president again in 2028.
Speaker ASo I think as of right now, we have to assume that J.D.
Speaker Avance is potentially the front runner.
Speaker ARight?
Speaker AThere's going to be other people, DeSantis may go for another run and who knows which other Republicans might decide to throw their name into their into the ring.
Speaker ABut I think the most likely scenario as of right now is that Donald Trump will probably be the kind of the figurehead of MAGA there in spirit, as the kind of honorary leader.
Speaker AOf course he will likely have a huge amount of influence and he will likely have the ear of the President to a degree that no other former president has probably had.
Speaker ABut he cannot in any legal constitutional way become president again.
Speaker ASo I'm sorry to break that news to any Trump supporters.
Speaker AI'm sure that will be a relief to any Trump critics.
Speaker AIf in three years time we're having a conversation about Trump's re election, then I think it's safe to say something has gone very significantly off the rails in the US So I thought it was really important today to clarify that because there's so much talk swirling around, will he run?
Speaker AWon't he run?
Speaker ACan he run?
Speaker AThe answer, in short, is no, he cannot run for president.
Speaker AAnd no, he cannot get through the back door through some sort of loophole.
Speaker AIt doesn't exist.
Speaker ADonald Trump will not be president after 2028.
Speaker ASo that's your public service announcement from me.
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