The resolution asserts the Senate's view that Donald Trump is ineligible for future presidential or vice-presidential elections due to constitutional term limits.
Edward "Ed" Markey
Senator
MA
This resolution expresses the Senate's view that Donald Trump is ineligible for future elections as Vice-President or President. It cites the Twelfth Amendment, stating that anyone ineligible to be President is also ineligible to be Vice-President. The resolution also references the Twenty-Second Amendment, which limits presidents to two terms, noting that Trump has already been elected twice.
This Senate resolution puts forth the chamber's official opinion: Donald Trump is constitutionally ineligible to be elected President or Vice President again, or to serve as President beyond the end of his first term (which concluded in January 2021). The resolution doesn't create a new law or change anything immediately; it's essentially the Senate stating its interpretation of existing constitutional rules.
The core of the resolution hangs on two key parts of the U.S. Constitution. First, it points to the Twenty-Second Amendment, which famously limits any person to being elected President no more than twice. Since Donald Trump was elected in 2016 and 2020, the resolution argues he's hit that limit. Second, it brings in the Twelfth Amendment, noting that anyone constitutionally ineligible to be President is also ineligible to be Vice President. The resolution connects these dots to declare Trump ineligible for either role in the future.
It's important to understand what this kind of resolution actually does – and doesn't do. A "Sense of the Senate" resolution expresses the collective opinion or viewpoint of the Senate on a particular matter. It doesn't carry the force of law, can't compel anyone to act, and doesn't change eligibility requirements on its own. Think of it as a formal statement meant to put the Senate's interpretation on the record. While it doesn't legally block anyone from running, it could potentially be cited in future political discussions or even legal arguments surrounding election eligibility. It signals the Senate's stance based on its reading of the Constitution, specifically concerning presidential term limits and qualifications.