How constitutional limits become negotiable

The most astonishing feature of Donald Trump's decade as one of the most dominant figures in American politics is his ability to make the unthinkable seem not only thinkable, but possible.

- Noah Feldman, Tribune News Service

The president's latest attempts to push the boundaries of what is conceivable — and legal — in our system of government include claims that his Justice Department “owes him a lot of money” for previous federal investigations and repeated suggestions that he might seek a third term — a move which would violate the 22nd Amendment. Trump recently said he would not attempt to become president in 2028 by running as JD Vance's vice president and then taking office after Vance resigned. “I think the people wouldn't like that. It’s too cute. It wouldn't be right,” he told reporters. Yet at the same time, he said, “I would love to do it.” Earlier this year, he said he was “not joking” about such a possibility.

By now, this pattern of political theater should seem familiar. First, Trump floats the idea of breaking some fundamental principle of politics — something so basic to eighth-grade civics and to our collective political imagination that it seems laughable. Then, supporters like Steve Bannon, who has been hinting about a semi-secret “plan” for Trump to become president again, start insisting that it is not only possible but inevitable. The rest of us — whether we are constitutional law professors (guilty), pundits (ditto), or simply committed citizens — start talking about the outrage.