Donald Trump has repeatedly flirted with the idea that he could run for a third term in 2028. “There are methods which you could do it,” the president said in an interview with NBC News earlier in the year. He declined to elaborate further, but last month, during his Asia tour, he told reporters it was “too bad” he was not allowed to seek a third term, adding cryptically: “We’ll see what happens”.
While mainstream Republican politicians have generally shied away from the idea of a third Trump term, several leading Maga figures have jumped on the bandwagon. Steve Bannon, the president’s former chief strategist turned influential podcaster, insisted: “Trump is going to be president in ’28, and people ought to just get accommodated with that. At the appropriate time, we’ll lay out what the plan is. But there is a plan.”
What does the constitution say?
The original text does not impose any limits on how long a president can remain in office, but the notion that the presidency should be limited to two terms dates back to the Founding Fathers. George Washington, the first US president, set the pattern by stepping aside after two terms despite clear popular support for him to continue to serve. Thomas Jefferson, who saw “little distinction between a long-serving executive in an elective position and a hereditary monarch”, followed suit, said political scientist and term-limit scholar Michael J. Korzi, so cementing the tradition.
Since 1951, however, presidents have been limited to two terms by the 22nd amendment of the constitution, which states: “no person shall be elected to the office of the president more than twice”.
Why was the amendment adopted?
Successive presidents continued to observe the two-term convention until Franklin D. Roosevelt, who was elected to a third term in 1940 and had recently begun a fourth when he died in office in 1945.
When Congress convened for its 1947 session, imposing a constitutional term limit was high on the agenda. The debate was driven by the same “major concern” that motivated Jefferson: “to prevent a president from becoming a king”, said Mark Satta, Associate Professor of Philosophy and Law, Wayne State University, on The Conversation. But the then-recent experience of the Second World War, which had made Americans acutely aware of the dangers of allowing a leader to concentrate their power over a long period, had turned the issue into a priority. One representative said that a presidential term limit would assure the electorate that “we shall never have a dictator in this land”.
Could it be changed?
Not without an extraordinary legislative effort. Amending the constitution would need the approval of two-thirds of both the Senate and the House of Representatives, followed by ratification by at least three-quarters of state legislatures. It is almost impossible to imagine a plan to scrap the two-term limit getting the necessary levels of support, particularly to facilitate a president as divisive as Trump.
That has left Trump supporters pinning their hopes on what they see as a loophole. Under the constitution, the vice-president automatically accedes to the top job in the event an incumbent president dies, resigns or becomes incapacitated.
Some have suggested that Trump could join the 2028 election ticket as the running partner to a presidential candidate, who would then immediately resign after being sworn in. Trump would then automatically step into the role of president.
Legal experts dispute this argument, however. Derek Muller, an election law professor at the University of Notre Dame, told the BBC that the 12th amendment, which states “no person constitutionally ineligible to the office of president shall be eligible to that of vice-president of the United States”, closed off that technicality. “I don’t think there’s any ‘one weird trick’ to getting around presidential term limits,” he said.
Would Trump likely try?
If the Supreme Court ruled that the wording of the 12th amendment did not preclude a two-time president serving as vice president, Trump could, in theory, “be president for life”, said Paul Gowder, Professor at Northwestern Pritzker School of Law, on FactCheck.org. It would just be a case of “finding people to occupy the top of the ticket”.
But Trump has downplayed the idea of acceding to the presidency by the back door, saying: “I think people wouldn’t like that. It’s too cute. It wouldn’t be right”.
A more likely avenue for Trump to retain his power and influence – if not legally his office and title as president – would be to get one of his family members to get elected in their own name, “and then serve as a figurehead president while Mr Trump makes the key decisions”, said The Telegraph.
Constitutional amendment limits US presidents to two terms, but Trump diehards claim there is a loophole
