Franklin Roosevelt

Monday

March 31, 2025

Trump only harms himself by floating the idea of a third term

Donald Trump this weekend floated the idea of running for a third term. Unless he’s doing it in 1940 when Franklin D. Roosevelt did, it’s unconstitutional. I don’t mean unconstitutional for Judge Boasberg or Judge Chutkin or some zealot in robes in San Francisco or Seattle. I mean unconstitutional in capital letters for any judge, including a 9-0 vote on the Supreme Court. The legal background here is straightforward. When FDR ran for a third term in 1940 and for a fourth in 1944, there was no legal or constitutional prohibition against doing so. There was simply a well-established norm, begun when George Washington returned to Mount Vernon after two terms. That norm was respected by every subsequent president. Until FDR.

Tuesday

November 5, 2024

Charles Lipson

A consequential, divisive, troubling election about big issues

Republicans and Democrats, who disagree so virulently on so much, at least agree on two things. Both say it is the most consequential election in US history. (They might want to check on 1860.) And both believe the other side’s triumph would be catastrophic. It would have dangerous consequences for decades, they say, and might be impossible to correct. They are half right, perhaps more, and what they are right about is scary. This election is the most consequential since Franklin D. Roosevelt defeated Herbert Hoover amid the Great Depression. That election was consequential because it and the following one, in 1936, locked in the Democratic Party coalition that effectively governed the country for the next seventy-five years.