Democrats freak out after official Trump website starts selling '2028' hats

Democrats and others on the left melted down on Thursday after the official website for President Donald Trump began selling merchandise for a possible 2028 campaign.

The president is prohibited by the Constitution from being president more than two four-year terms because of the 22nd Amendment. Trump's allies have hinted that his supporters may mount a campaign to undo the rule in order to allow him to serve for a third term.

One shirt reads "TRUMP 2028" with the text "(Rewrite the Rules)" and sells for $36. The president's son Eric Trump posted a link to the store on his official social media account. A red 2028 hat sold for $50.

"Trump’s organization is out here selling Trump 2028 hats like the Constitution is just a suggestion. Reminder: The 22nd Amendment exists. You can’t run for a third term," responded Democrat Rep. Jasmine Crockett of Texas.

"Everyone will say Trump is just joking. Or that he is trolling. That may be true. But with each 'joke' it becomes more and more serious until we’re actually confronting a man that feels emboldened to try to run for a thirdterm," replied Jessica Tarlov, a liberal commentator on Fox News.

"So Americans are just gonna sit idly by and let a dictator take control? actual spineless country," said another detractor.

"Soft launching a fascist dictatorship is insane," read another critic's missive.

Others countered that Democrats could renominate former President Barack Obama to run for a third term if Trump followed through on his threat.

"If Trump wants to run for a thirdterm, President Obama should consider coming out of retirement and doing the same. Obama would win 50/50 states and completely humiliate the Trump family," replied liberal activist Harry Sisson.

The president said in March that he was seriously looking into the possibility of a third term, but many believed he was merely trolling his opponents on the left. In January, a Republican congressman proposed an amendment to allow Trump a third term, despite his only being in office for four days at that time.

The two-term tradition was set by George Washington, the country's first president, but was enshrined into law after Franklin Delano Roosevelt defied the custom and was elected to serve an unprecedented four terms, although his fourth term was cut short by his death.

The grok AI analysis is below.

Pretty sure the SCOTUS would rule in favor for Obama and against for Trump. 😆

### Text of the U.S. Constitution: Amendments 12 and 22

**Amendment 12** (Ratified 1804):
> The Electors shall meet in their respective states and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate;—The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted;—The person having the greatest number of votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in case of the death or other constitutional disability of the President.—The person having the greatest number of votes as Vice-President, shall be the Vice-President, if such number be a majority of the whole number of Electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice-President; a quorum for this purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.

**Amendment 22** (Ratified 1951):
> Section 1. 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. But this Article shall not apply to any person holding the office of President when this Article was proposed by the Congress, and shall not prevent any person who may be holding the office of President, or acting as President, during the term within which this Article becomes operative from holding the office of President or acting as President during the remainder of such term.
> Section 2. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within seven years from the date of its submission to the States by the Congress.

### Argument: Could Trump or Obama Run as Vice President and Become President for a Third Term?

**Argument Overview**: The argument posits that a former two-term president (e.g., Donald Trump or Barack Obama) could run for Vice President, and if elected, the President could resign, elevating the Vice President to the presidency for a third term. Below is a detailed analysis of the constitutional feasibility and counterarguments.

**Supporting Argument**:
1. **Eligibility for Vice President**:
- The Twelfth Amendment states: “No person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.” This implies that the eligibility requirements for Vice President are identical to those for President, as outlined in Article II, Section 1: a natural-born citizen, at least 35 years old, and a resident of the United States for at least 14 years.
- The Twenty-Second Amendment limits a person to being *elected* to the presidency no more than twice. It does not explicitly prohibit a person from *serving* as President through means other than election, such as succession via the vice presidency.
- Since Trump and Obama meet the Article II eligibility criteria and are not explicitly barred by the Twenty-Second Amendment from serving as Vice President, they could constitutionally run for and be elected to the vice presidency.

2. **Succession to the Presidency**:
- Under Article II, Section 1, and the Presidential Succession Act (3 U.S.C. § 19), if the President resigns, dies, or is removed, the Vice President assumes the office of President.
- If Trump or Obama were elected Vice President and the President resigned, they would ascend to the presidency. The Twenty-Second Amendment does not explicitly address this scenario, as it only restricts *election* to the presidency, not assumption of the office through succession.

3. **Historical Precedent and Intent**:
- The Twenty-Second Amendment was designed to prevent a president from being elected for more than two terms, primarily to avoid the concentration of power seen in Franklin D. Roosevelt’s four terms. However, its language does not explicitly preclude a two-term president from serving additional terms via succession.
- The Twelfth Amendment’s focus is on ensuring the Vice President is qualified to serve as President, which Trump and Obama undoubtedly are, based on Article II criteria.

4. **Strategic Feasibility**:
- A presidential candidate could select Trump or Obama as their running mate, campaign on a platform where the intent is for the President to resign post-election, and thus allow the Vice President to assume the presidency. This could be presented as a way to leverage the former president’s experience and popularity without violating the letter of the Constitution.

**Counterarguments**:
1. **Intent of the Twenty-Second Amendment**:
- While the Twenty-Second Amendment does not explicitly prohibit a third term via succession, its clear intent is to limit the time any individual can serve as President. Courts, particularly the Supreme Court, often interpret constitutional provisions in light of their purpose. Allowing a two-term president to serve a third term through this loophole could be seen as undermining the amendment’s spirit.
- A legal challenge could argue that permitting such a maneuver violates the constitutional intent, potentially leading to judicial intervention to prevent the former president from assuming or continuing in the presidency.

2. **Twelfth Amendment Interpretation**:
- Some scholars argue that the Twelfth Amendment’s clause (”no person constitutionally ineligible to the office of President”) could be interpreted to include the Twenty-Second Amendment’s election limit as part of presidential eligibility. If so, a two-term president might be deemed ineligible for the vice presidency, as they cannot be elected President again.
- However, this interpretation is debated, as the Twenty-Second Amendment addresses election, not eligibility under Article II’s criteria.

3. **Political and Practical Challenges**:
- Such a strategy would likely face significant public and political backlash, as it could be perceived as a manipulative tactic to bypass constitutional limits. This could lead to challenges in Congress during the electoral vote certification process or public pressure against the plan.
- The Electoral College, Congress, or state legislatures might refuse to certify electors or votes for a ticket exploiting this loophole, citing ethical or constitutional concerns.

4. **Judicial Review**:
- If this scenario occurred, it would almost certainly trigger litigation. The Supreme Court could be called upon to clarify whether the Twenty-Second Amendment implicitly bars a two-term president from serving additional terms, even through succession. Given the lack of explicit prohibition, the Court might rule narrowly, but public and political pressure could influence a broader interpretation aligned with the amendment’s intent.

**Conclusion**:
Constitutionally, there is a plausible argument that Trump or Obama could run for Vice President, and if the President resigned, they could assume the presidency for a third term. The Twenty-Second Amendment’s focus on *election* rather than *service* creates a potential loophole, and the Twelfth Amendment does not explicitly bar a two-term president from the vice presidency. However, this strategy would face significant legal, political, and ethical challenges, likely leading to judicial review or public opposition. The Supreme Court’s interpretation of the Twenty-Second Amendment’s intent would be critical in determining the outcome, and historical deference to constitutional purpose suggests a risk that such a maneuver could be struck down.

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