This resolution expresses the Senate's view that Donald Trump is constitutionally ineligible to be elected or serve as President or Vice-President in any future election due to term limits.
Edward "Ed" Markey
Senator
MA
This Senate resolution formally expresses the view that Donald Trump is constitutionally ineligible to be elected or serve as President or Vice-President in any future election. The resolution cites the Twelfth and Twenty-Second Amendments, noting that Trump has already been elected to the presidency twice. Therefore, the Senate declares its sense that he cannot hold those offices again.
This Senate resolution is a formal statement—often called a "sense of the Senate"—laying out the chamber’s opinion on whether Donald Trump is constitutionally eligible to run for President or Vice-President again. It’s not a law that changes anything immediately, but it’s a big, formal declaration about how the Senate interprets the Constitution.
The resolution’s core argument rests on two constitutional amendments. First, the Twenty-Second Amendment limits anyone to being elected President only twice. Second, the Twelfth Amendment states that if someone is ineligible to be President, they are also ineligible to be Vice-President. The resolution explicitly notes that Donald Trump has already been elected to the office of President two times, and therefore, the Senate concludes he is constitutionally ineligible to be elected or serve in either office again.
For most people juggling work and family, reading the Constitution is way down the priority list. But this resolution is a reminder that the rules are pretty specific. The Twenty-Second Amendment is the backbone here, setting a hard limit on presidential terms. The resolution takes the position that since Donald Trump has already hit that two-election limit, the constitutional door is closed for him—a straightforward application of the rule. This isn't about new legislation; it's about the Senate formally agreeing on how an existing, decades-old rule applies to a specific person.
Since this resolution is non-binding—meaning it doesn't change election laws or remove anyone from a ballot—its impact is primarily political and rhetorical. However, for voters who support Donald Trump, this resolution is a clear sign that a significant portion of the Senate views their preferred candidate as constitutionally barred from office. For those who oppose him, it formalizes a legal argument against his future candidacy. In short, it’s a formal shot across the bow, clarifying the Senate’s official interpretation of the term limit rule, which could influence future legal challenges or public debate around election certification.
Think of this resolution like a formal, written memo from the Senate floor that says, “We’ve read the rulebook, and this is what it says.” It doesn't put handcuffs on anyone or change your tax bracket. But it does show that the legislative branch is willing to take a public, formal stance on the constitutional eligibility of a former President. While it doesn't stop anything right now, it lays the groundwork for how the Senate might approach future electoral disputes or constitutional questions regarding presidential term limits.