Donald Trump recently claimed he is ‘not joking’ about the possibility of serving a third term as the president of the US. Some of Trump’s supporters, despite the blunt US constitution which claims that “no person… shall be elected more than twice,” still retain faith that there is some sort of loophole that could be exploited.
Constitutional Constraints
During an NBC interview, Trump was asked if he would try to get a third term. He answered, “there are methods which you could do it”. His workaholic tendencies intrigue many regarding his future goals. Earlier this year, Trump told his supporters that serving multiple terms would be “the greatest honour of my life.” Later he claimed this was a joke directed towards the “fake news media”. A third term is out of the question according to the US Constitution. 22nd amendment of the constitution dictates, “No person shall be elected to the office of the president more than twice.” Changing this would require an extraordinarily high amount of legislative backing, which includes a two thirds majority in thre US senate and house of representatives and three fourths of state governments. While the Trump-led Republican Party maintains control of both chambers, they do not possess majorities in either, as the Democratic Party continues to dominate state legislatures, holding eighteen out of fifty.
Loophole Theories
Followers of Trump declare that there is currently a ‘gap’ within the constitution that has not been challenged within the courts. They argue that the 22nd Amendment only restricts individuals from being ‘elected’ to more than two terms as president, without defining the term ‘succession.’ Hence, in this case, Trump could hypothetically enter the 2028 election as a vice-presidential candidate to his former VP, JD Vance. Should they win, the presidential nominee could step down, resulting in Trump succeeding as president.
Steve Bannon, a prominent advisor for Trump, predicted that he will be eligible ‘to run and win again,’ and has many ways to do it. Moreover, Republican Andy Ogles sponsored a bill proposing an amendment to the constitution allowing a president to hold office for three terms, so long as they are not in a row. Under this proposed legislation, Trump would be the last living former president who would be eligible to serve under such conditions, as other former presidents were afforded to serve consecutively.
Opposition and Legal Perspectives
Democrats have raised strong counterpoints, like Representative Daniel Goldman who asserted that this is yet another manifestation of Trump’s attempts to subvert democracy. He encouraged Republican members of Congress to resist attempts by Trump to secure a third term, claiming that if they respect the Constitution, they shouldn’t have a problem doing so. Even some members of Trump’s party share doubts on the notion. Republican Senator Markwayne Mullin has said he will oppose any attempt to change the Constitution for the sake of Trump.
Others have an opinion on the matter, too. An election law expert, Derek Muller, pointed out the 12th amendment of the Constitution which prohibits anyone from serving as Vice President after already serving two terms as President. He added that there is no “one strange trick” to getting around the term cap on Presidents. Constitutional law expert Jeremy Paul agreed with the previous statement, saying that there is absolutely no logical reasoning to justify a legal claim for a third presidential term.
Historical Context
Franklin Delano Roosevelt is often cited in debate regarding presidential terms and for good reason. He was elected four times and died partway through his fourth term. His presidency throughout the Great Depression and WWII resulted in the introduction of the two-term limit, cemented in the 22nd Amendment during the early fifty’s. While the debate is ongoing, the question still stands: Is Trump’s intention to run for a third term a legal pursuit or just a strategy? His efforts could fundamentally alter the implications of American politics.
