President Donald Trump has been presented with a draft manuscript by prominent constitutional lawyer Alan Dershowitz examining whether the U.S. Constitution definitively bars a president from serving a third term, reopening a long-settled legal and political debate around presidential term limits.
The Wall Street Journal (gated) carries the report.
According to Dershowitz, who previously represented Trump during his first-term impeachment proceedings, the president received and discussed the draft during a recent Oval Office meeting. The forthcoming book, titled “Could President Trump Constitutionally Serve a Third Term?” and slated for publication next year, argues that while the Constitution clearly limits presidents to two elections, it may be ambiguous on other pathways to a third term.
“The Constitution is not clear on whether a president can become a third-term president,” Dershowitz told The Wall Street Journal, emphasising that the question is less about electoral limits and more about succession and procedural outcomes. Trump, he said, treated the discussion as an intellectual exercise and moved on to other topics, adding that he does not believe the president intends to pursue a third term.
Publicly, Trump has maintained that the Constitution is “pretty clear” that he cannot run again, a position echoed by White House chief of staff Susie Wiles in a recent interview. However, comments from other administration figures have kept the issue alive. White House spokeswoman Abigail Jackson said the country would be “lucky” to have Trump serve for a longer period, stopping short of endorsing a legal pathway.
Dershowitz’s book outlines several hypothetical scenarios, including one in which a third election could ultimately be decided by Congress if Electoral College members abstain from voting. Such an outcome would be unprecedented, and the National Constitution Center notes that elector abstentions have been extremely rare and never resulted in a congressional decision.
Legal scholars remain sceptical. Hofstra law professor James Sample described the Electoral College scenario as “absurd,” though he outlined a more plausible, if highly unconventional, route involving allies winning the presidency, resigning, and elevating Trump through the line of succession.
We've all been following along with Trump's economic management since he resumed office in January this year. Policy volatility has been reflected in market volatility, rising inflation, and slowing job growth. Seven more years of this may lie ahead.
This article was written by Eamonn Sheridan at investinglive.com.