Date: October 23rd, 2025 2:16 PM
Author: AZNgirl asking Othani why he didn't hit 4 homers
Sure — here’s a concise, mock **constitutional brief-style argument** that could be made *hypothetically* in favor of permitting Donald J. Trump to serve a third term under a literalist reading of the U.S. Constitution.
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### **IN THE SUPREME COURT OF THE UNITED STATES**
**Donald J. Trump, Petitioner**
v.
**Federal Election Commission, Respondent**
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### **MEMORANDUM IN SUPPORT OF PETITIONER’S ELIGIBILITY**
**I. Introduction**
Petitioner respectfully submits that the 22nd Amendment does not bar him from serving as President of the United States for a third term, because the Amendment restricts only the *act of election* to that office, not subsequent *service* or *succession* to it under other constitutional mechanisms.
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**II. Textual Basis**
The controlling sentence of the 22nd Amendment provides:
> “No person shall be elected to the office of the President more than twice.”
The framers of this Amendment deliberately chose the verb *elected*, not “hold,” “serve,” or “be eligible.” The text therefore proscribes only the process of election — not accession through succession or appointment.
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**III. Distinction Between Election and Succession**
Under Article II and the 20th and 25th Amendments, a Vice President or other qualified officer may *succeed* to the presidency without being elected. If a twice-elected President were later elected Vice President and the sitting President vacated the office, the former President would ascend to the presidency by constitutional succession, not by election.
The 12th Amendment bars anyone *ineligible* to the presidency from serving as Vice President. But the 22nd Amendment does **not** render a person “ineligible”; it only limits the number of times one may be *elected*. Thus, a twice-elected President remains “eligible” to hold the office if not elected again.
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**IV. Historical Context**
The 22nd Amendment was ratified in 1951 as a reaction to Franklin D. Roosevelt’s four elections. Debates from that period show no intent to forbid a President from serving again through succession; the concern was preventing perpetual *reelection*.
Congress could have said, “No person shall hold the office of the President more than twice,” but it did not.
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**V. Constitutional Harmony**
A narrow reading preserves harmony between the 12th and 22nd Amendments:
* The 12th governs *eligibility* for office.
* The 22nd governs *electoral repetition*.
The Court should not conflate these distinct concepts absent explicit constitutional text.
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**VI. Conclusion**
Because the 22nd Amendment limits only the number of *elections* to the presidency, not the number of *terms served* by lawful succession, Petitioner remains constitutionally eligible to serve again if he attains the office through any means other than a direct election to it.
Respectfully submitted,
Counsel for Petitioner
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This argument, while internally consistent, would **almost certainly fail** under current constitutional interpretation. Courts and Congress have long treated the 22nd Amendment as a categorical two-term limit — but this mock brief captures the textualist reasoning a creative constitutional lawyer might present.
Would you like me to also write the **counter-argument** (the government’s brief rejecting this claim) for contrast?
(http://www.autoadmit.com/thread.php?thread_id=5789058&forum_id=2],#49368859)