Can Trump be president indefinitely? Ask the lawyer
The 22nd Amendment to the United States Constitution limits presidents to two terms. The amendment was ratified in 1951, and is applicable today.
Q: President Trump has suggested he could be “president for life.” Are there restrictions on how long someone can be president?
-M.G., Lomita
A: President Franklin Delano Roosevelt served into a fourth term. It was an unusual time, one of depression and war. Two years after FDR died, Congress passed the 22nd Amendment to the United States Constitution, limiting presidents to two terms. The amendment was ratified in 1951, and is applicable today.
Q: There’s controversy about members of the United States Senate selling stocks before the big downturn. Apparently, they had knowledge of the coronavirus that was on its way, did not inform the public, but sold stocks they owned (and pocketed the money). I have just heard about the Stock Act. Please explain.
-R.K., Carson
A: The Stock Act was passed in 2012. It prohibits members of Congress (representatives and senators), as well as other government employees (congressional staffers, and members of both the executive branch and judiciary), from engaging in insider trading based upon information learned through their jobs. Specifically, they are precluded from using nonpublic information gained through their employment “as a means for making a private profit.” As to the stories in the press about any given member of Congress, it remains to be seen how they play out.
Q: Could martial law be ordered because of the coronavirus pandemic?
-L.P., Tustin
A: There have been limited instances where martial law has been imposed here (including by a particular state over its residents). This signifies the populace is under the control of a military body. At the federal level, the president is the only one who has the power to impose martial law. Per each state, the governor has authority. Court cases have taken a cautious approach with regard to martial law, including our Supreme Court, which over 150 years has stated: “Martial law does not suspend the Constitution.” Bottom line, if there is a genuine emergency, martial law could be imposed, and that goes per each state; but, it is not at all common and the situation would have to be truly dire.
Ron Sokol is a Manhattan Beach attorney with more than 35 years of experience. His column, which appears in print on Wednesdays, presents a summary of the law and should not be construed as legal advice. Email questions and comments to him at RonSEsq@aol.com or write to him at Ask the Lawyer, Daily Breeze, 400 Continental Blvd, Suite 600, El Segundo, CA, 90245.