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.
