President Trump has once again raised the possibility of challenging the constitutional limits on presidential terms by suggesting he might seek a third term. This initiative emerges as his administration continues to contest constitutional provisions and advocate for a broad interpretation of executive power.
In a conversation with NBC News, Trump asserted that he is “not joking” about the prospect of a third term, indicating there are methods that could facilitate this. However, during a recent exchange with reporters on Air Force One, Trump did not confirm whether he plans to vacate the White House once his second term concludes on January 20, 2029.
The 22nd Amendment to the U.S. Constitution explicitly states that a person cannot be elected president more than twice. This limitation, ratified by the states in 1951, was introduced following President Franklin D. Roosevelt’s unprecedented third and fourth terms during World War II, breaking the longstanding two-term precedent established by George Washington.
To amend presidential term limits through a new constitutional amendment would require the approval of three-fourths of the states. Nonetheless, some legal scholars suggest there might be potential strategies to circumvent the 22nd Amendment under unique circumstances.
President Trump’s recent statements are not the first time he has broached the idea of a third term. Last November, he implied to a group of House Republicans that he would consider running again if lawmakers deemed him “good” enough to “figure” out a solution.
In response, Democratic Representative Dan Goldman of New York promptly introduced a House resolution reaffirming that the constitutional term limits apply to Trump and any nonconsecutive terms he might pursue. William Baude, who heads the Constitutional Law Institute at the University of Chicago Law School, indicated that the 22nd Amendment leaves no ambiguity. It clearly prohibits a person from being elected president more than twice.
Shortly after Trump’s second inauguration, Republican Representative Andy Ogles of Tennessee proposed a joint resolution aiming to alter the Constitution, allowing individuals to be elected president three times if they had not been previously elected for two consecutive terms.
While winning an election is the most conventional path to the presidency, there are scenarios related to presidential succession not fully addressed by the Constitution, which could challenge the conventional interpretation of term limits.
One theory suggests Trump could return to the presidency by first becoming vice president and then assuming the role if the current president leaves office. This hypothetical situation is explored in a 1999 Minnesota Law Review article titled “The Twice and Future President.” The federal record of constitutional interpretations also points to the prospect of a two-term president serving in other federal roles eligible for presidential succession under the Presidential Succession Act of 1947.
The 22nd Amendment’s language specifically mentions the term “elected,” allowing loopholes where a former president could assume the presidency without direct election. Brian Kalt, a Michigan State University law professor, refers to this as a loophole, noting past speculation over similar scenarios involving figures like Dwight Eisenhower.
Despite legal discussions on potential loopholes, other experts emphasize the 12th Amendment’s final sentence, which prohibits a twice-elected president from being eligible for vice presidency. However, Stephen Gillers, a New York University School of Law professor emeritus, argues that a lawyer might challenge this interpretation, asserting that other constitutional eligibility criteria should suffice.
Gillers suggests a political maneuver where Trump and a running mate switch places if elected again, allowing Trump to assume the presidency after the vice president’s resignation.
Any move to secure a third Trump term would likely prompt lawsuits reaching the U.S. Supreme Court. The court’s handling of such a case is unpredictable in the current politically charged atmosphere. Aziz Huq, a constitutional law professor at the University of Chicago, foresees a scenario where the court could avoid addressing the 22nd Amendment question directly, leaving the matter to other governmental actors.
There remains the possibility of passing a new constitutional amendment to unequivocally prevent a third term for Trump, given the timeline before the 2028 election. This potential for legislative action highlights the nation’s capacity to address and decide on such constitutional matters if the public and political will are aligned.
