Could Trump Defy the 22nd Amendment for Another Presidential Run?

Man speaking at podium outdoors gesturing with hand

President Trump’s suggestion that he might pursue a third term has ignited heated debate over constitutional limits while highlighting the deep divisions in America’s political landscape.

Quick Takes

  • Trump told NBC News he was “not joking” about seeking ways to serve a third presidential term despite the 22nd Amendment’s two-term limit.
  • Legal experts outline potential strategies including constitutional amendments or scenarios involving running mate JD Vance.
  • Constitutional scholars argue there are no credible legal pathways for a third term without amending the Constitution.
  • A constitutional amendment would require two-thirds approval from Congress or state legislatures – a significant political hurdle.
  • Trump has previously made similar statements about extending presidential terms, often generating strong reactions from both supporters and critics.

Trump’s Third-Term Aspirations

President Donald Trump raised eyebrows in a recent NBC News interview when he suggested he might find ways to serve a third presidential term despite constitutional limitations. When asked about potentially seeking a third term, Trump was direct, stating, “I’m not joking,” adding that “There are methods which you could do it.” The 22nd Amendment, ratified in 1951 following Franklin D. Roosevelt’s unprecedented four terms, explicitly limits presidents to two terms in office, creating what appears to be an insurmountable legal barrier to Trump’s aspirations.

Trump cited his popularity as justification, claiming “A lot of people want me to do it,” though recent polls show mixed support for his potential return to office. His comments have reignited debates about executive power and constitutional guardrails, with supporters viewing the statements as reflective of Trump’s popularity and opponents seeing them as evidence of authoritarian tendencies. The question remains whether these comments represent serious intentions or are merely designed to energize his base.

Legal Pathways and Constitutional Challenges

Legal experts have outlined several theoretical paths through which Trump might attempt to circumvent the 22nd Amendment, though most acknowledge the significant barriers involved. One scenario proposed by law professor Stephen Gillers involves electoral maneuvering, “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.

The more straightforward but extraordinarily difficult path would be amending the Constitution itself, which requires either a two-thirds vote in both chambers of Congress or a constitutional convention called by two-thirds of state legislatures. Former federal prosecutor Neama Rahmani flatly assessed the political reality, “Politically, Trump doesn’t have the votes to repeal the 22nd Amendment, either in Congress or the states.” Meanwhile, Constitutional scholars like Jeremy Paul maintain that “There are no credible legal arguments for him to run for a third term,” remarked Rahmani.

Political Reactions and Historical Context

Trump’s third-term comments have drawn predictable reactions along partisan lines. Some Republican lawmakers, including Rep. Andy Ogles, have proposed resolutions to extend presidential term limits. The White House, meanwhile, has amplified Trump’s comments by posting an image of the president wearing a crown, referencing his remarks about monarchical power. Trump’s statements continue a pattern of similar comments made throughout his political career, often blurring the line between serious policy positions and provocative rhetoric.

His openness to the idea raises questions about his views on constitutional limits and executive power. The 22nd Amendment was specifically designed to prevent extended presidential power after Roosevelt’s unprecedented four terms, reflecting America’s traditional wariness of concentrated executive authority. Trump’s apparent willingness to challenge this limitation highlights the tension between populist politics and constitutional guardrails.

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