Examining the Uncharted Territory of a Potential Third Trump Term

Man gesturing at two podiums outdoors.

President Trump has sparked constitutional debate by suggesting he might find “methods” to serve a third term in office, despite the 22nd Amendment’s clear two-term limit.

Quick Takes

  • Trump stated he’s “not joking” about seeking a third presidential term and claims there are “methods” to achieve this.
  • The 22nd Amendment, ratified in 1951, explicitly limits presidents to two terms in office.
  • Legal experts have outlined potential strategies involving VP JD Vance, but note significant constitutional hurdles.
  • Amending the Constitution would require two-thirds majority in Congress or support from two-thirds of state legislatures.
  • Trump cites polling and public support as justification, though legal experts question the feasibility.

Trump’s Third-Term Ambitions

In a recent NBC News interview, President Donald Trump made headlines by suggesting he might pursue a third term in office. Despite the clear constitutional barriers presented by the 22nd Amendment, which limits presidents to two terms, Trump indicated he’s considering pathways to extend his time in the White House beyond the traditional eight-year maximum. When pressed about this possibility, Trump was unambiguous in his response, stating clearly that he was “not joking” about the prospect and that “there are methods which you could do it.”

Trump referenced his popularity as justification, claiming that “a lot of people want me to do it.” While the president has made similar comments in the past, the directness of his recent statements has raised concerns among constitutional scholars and political observers.

Constitutional Barriers and Potential Strategies

The 22nd Amendment, ratified in 1951 following Franklin D. Roosevelt’s unprecedented four-term presidency, explicitly states that “no person shall be elected to the office of the President more than twice.” This amendment has stood for over 70 years as a cornerstone of American democratic norms, ensuring regular transitions of power. Legal experts have consistently maintained that there are significant constitutional obstacles to any attempt to circumvent these restrictions.

However, NYU law professor Stephen Gillers outlined one potential strategy. “Trump can be nominated as vice president with Vance nominated to be president. If the Vance-Trump ticket wins, Vance resigns and Trump becomes president. He then chooses Vance to be his vice president. The Senate would have to confirm Vance,” explained Gillers. However Gillers also noted a potential constitutional problem with this approach, citing the 12th Amendment’s provision that “no person constitutionally ineligible to the office of President shall be eligible to that of vice president of the United States.”

Political Reality and Public Reaction

For any serious attempt at securing a third term, Trump would need to pursue a constitutional amendment – a process requiring either a two-thirds majority in both houses of Congress or a constitutional convention called by two-thirds of state legislatures. Former federal prosecutor Neama Rahmani expressed skepticism about this path, stating, “Politically, Trump doesn’t have the votes to repeal the 22nd Amendment, either in Congress or the states.”

The White House has responded to Trump’s comments by posting an image depicting him with a crown, drawing attention to remarks where he likened himself to royalty. Meanwhile, some congressional Republicans have shown support for the concept, with Rep. Andy Ogles proposing a resolution to extend presidential term limits. Democrats have generally responded with concern, viewing the statements as further evidence of Trump’s authoritarian tendencies.

Historical Context

This isn’t the first time Trump has mused about extending presidential terms. Throughout his first presidency and afterward, he has made similar comments, though they were often characterized as jokes or political provocations. The current statements, however, appear more direct and deliberate. The concept of presidential term limits has been a foundational aspect of American democracy since George Washington established the two-term precedent, which was followed by all presidents until Franklin Roosevelt’s four consecutive terms prompted the 22nd Amendment.

Trump’s comments about a potential third term will likely continue to generate discussion about constitutional boundaries, presidential power, and the mechanisms that maintain America’s democratic institutions. While legal pathways to a third term appear extremely limited, the conversation itself highlights ongoing tensions about executive power in American politics.

Sources:

Trump says he’s looking for ways to serve a third term as president

Donald Trump’s Pathways to a Third Term

Trump won’t rule out seeking a third term in the White House, tells NBC News ā€˜there are methods’ for doing so