President Donald Trump asserts he is serious about running for a third term in 2028, but legal constraints may hinder his ambitions.
Trump made waves during a March 30 interview on NBC News, stating, "A lot of people want me to do it," emphasizing that he is not joking about his intentions. However, the 22nd Amendment limitations clearly prohibit any president from serving more than two elected terms.
What is the 22nd Amendment?
Ratified in 1951, the 22nd Amendment was introduced as a corrective measure following Franklin D. Roosevelt’s unprecedented four-term presidency. It stipulates: "No person shall be elected to the office of the President more than twice..." This legal boundary was established to curb any further attempts to extend presidential tenures beyond the two-term norm, which was a precedent set by George Washington and Thomas Jefferson.
Trump's Ambiguities About Running for a Third Term
Trump's claim of exploring potential "methods" to get around the constraints of the 22nd Amendment leaves many speculating about the feasibility of such claims. Despite his assertion, three primary possibilities have been considered, though they are mired in legal challenges.
1. Constitutional Amendments for Presidency: One suggested route is amending the Constitution itself to change the two-term limit. This would require a two-thirds majority in both the House of Representatives and the Senate or state legislatures to call for a constitutional convention. Experts, like former federal prosecutor Neama Rahmani, argue that such widespread bipartisan support is highly unlikely.
2. Running J.D. Vance on a Ticket: Another speculative strategy involves Trump’s Vice President, J.D. Vance, running on a Vance-Trump ticket in 2028. Should he win, he could resign shortly after taking office and appoint Trump as his Vice President, thereby reinstating Trump in the presidency. However, the 12th Amendment raises questions here; it states that"no person constitutionally ineligible to the office of President shall be eligible to that of vice president of the United States.” Hence, the term "ineligible" could complicate interpretations, as it was established prior to the advent of presidential term limits.
3. Alternate Ticket Maneuver: The third method speculates Vance running alongside Trump’s son or another nominee. If that nominee were to resign post-election, Vance could nominate Trump as Vice President, managing to perhaps technically sidestep the 22nd Amendment limitations in a highly debated legal gray area.
Trump’s Age and Historical Context
At 78 years old during his second inauguration, Trump will be 82 by the next presidential inauguration in January 2029. Should he successfully navigate the political labyrinth for a third term, he would exit office at 86, making him the oldest president to serve, surpassing his current record.
Historically, only FDR has defied the two-term norm. Elected during the Great Depression and leading through World War II, he served four terms before dying shortly after being inaugurated for his fourth. Following this landmark presidency, the 22nd Amendment was proposed and ratified as a means to prevent future presidents from seeking extended tenure.
The Bottom Line
Trump’s positioning regarding his potential run for a third term is undeniably tinged with speculation and legal uncertainties. Despite the *enthusiasm of his base*, his claims of circumventing the 22nd Amendment limitations appear speculative at best. Voters and political analysts remain divided on the legitimacy of his methods, underscoring a crucial understanding of how presidential power has evolved over the years and the legal frameworks that govern them.