Is it constitutionally possible for Donald Trump to run for president again?

What a scary thought:

I’ve read similar articles recently but none of them explained what this technical loophole was.

It was time for me to turn to my friendly Grok AI to explain how this nightmare could come true. I asked, “Is it constitutionally possible for Donald Trump to run for president again?”

If you’re a MAGAt, a Nazi, a fascist or admire dictators then most likely you’ll have difficulty containing your excitement over the reply. The rest of us (99% of the world’s population) will sense a shiver down our spines. Read it, and wonder if democracy will ever be the same:

Yes, it is constitutionally possible for Donald Trump to run for president again. The U.S. Constitution provides the framework for presidential eligibility, and based on its provisions, Trump remains eligible to seek the office once more. Here’s why:

The 22nd Amendment and Term Limits

The 22nd Amendment to the U.S. Constitution states:

“No person shall be elected to the office of the President more than twice…”

Donald Trump served as president for one term, from January 20, 2017, to January 20, 2021. He ran for re-election in 2020 but lost to Joe Biden. Since he has only been elected president once*, the 22nd Amendment allows him to be elected one additional time. The amendment limits the number of times a person can be elected, not the number of times they can run, meaning his unsuccessful 2020 campaign does not count against this limit. If he were to run and win in a future election, it would be his second term, and he would then be ineligible to run again.

Impeachment and Disqualification

Trump was impeached twice during his presidency – once in 2019 and again in 2021 – but the Senate acquitted him both times. The Constitution addresses the consequences of impeachment in Article I, Section 3, Clause 7:

“Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States…”

Disqualification from future office requires a Senate conviction, which did not occur in Trump’s case. Since he was not convicted, there is no constitutional bar preventing him from running again based on his impeachments.

The 14th Amendment and Insurrection

Some have raised the possibility that Section 3 of the 14th Amendment could apply to Trump due to the events of January 6, 2021. This section states:

“No person shall… hold any office, civil or military, under the United States… who, having previously taken an oath… to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same…”

This provision has been invoked in discussions about Trump’s role in the January 6 Capitol riot, with some arguing it could disqualify him. However, this is a legal gray area. No court has definitively ruled that Trump engaged in insurrection, and applying this clause would likely require legal proceedings or congressional action, neither of which has occurred as of now. Without such a determination, the 14th Amendment does not currently bar him from running.

Other Constitutional Requirements

The Constitution outlines basic eligibility criteria for the presidency in Article II, Section 1:

• Must be a natural-born citizen of the United States.
• Must be at least 35 years old.
• Must have been a resident within the United States for 14 years.

Trump meets all these requirements: he was born in Queens, New York, in 1946, is well over 35 years old, and has resided in the U.S. his entire life. No other constitutional provisions impose additional restrictions relevant to his case.

Conclusion

From a constitutional standpoint, Donald Trump can run for president again. The 22nd Amendment permits him to be elected one more time, his impeachments do not disqualify him due to lack of Senate conviction, and no other constitutional barrier – such as the 14th Amendment – has been legally enforced against him. While political or legal challenges outside the Constitution could arise, they do not alter his eligibility under the document itself. Thus, it is indeed constitutionally possible for him to seek the presidency in a future election.

 

*This one is hard for me to get my head around. I’m assuming that “elected” and “re-elected” are not the same thing. I’m sure we’ll find out from the Supreme Court if it ever gets that far.

 

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