No, Trump Won’t Likely Get To Run For A Third Term: Here’s Why

Rep. Andy Ogles, R-Tenn., introduced a resolution Thursday to amend the Constitution in order to allow President Donald Trump to seek a third term—an effort that’s all but certain to fail, though Trump could try to test term limits through legal loopholes.

Donald Trump is sworn in as the 47th president of the United States in the US Capitol Rotunda in … [+] Washington, DC, on January 20

AFP via Getty Images

Key Facts

Ogles introduced a resolution that would amend the Constitution to say no one can be “elected to the office of the President more than three times, nor be elected to any additional term after being elected to two consecutive terms,” claiming the move would “[ensure] that we can sustain the bold leadership our nation so desperately needs” by keeping Trump in power.

The resolution follows repeated comments by Trump suggesting he could want to stay in power for a third term, telling GOP lawmakers after his election, “I suspect I won’t be running again unless you say, ‘He’s so good we’ve got to figure something else out’” and telling members of the National Rifle Association in May, “Are we three-term or two-term if we win?”

While Trump has suggested the 22nd Amendment bars third terms after a president serves two consecutive terms—which would mean Trump could run for a third time since there was a four-year gap between his first and second terms—there is nothing in the text of the 22nd Amendment that supports that interpretation.

Ogles’ resolution to amend the Constitution is virtually certain to fail: Even if it were to have support from a majority of lawmakers in the House and Senate, Constitutional amendments can only pass with a two-thirds majority in both chambers, which is highly unlikely given the GOP’s narrow majority.

If they make it through Congress, constitutional amendments also then have to be approved by at least three-quarters of all states—which is also all but guaranteed not to happen in this case, given states with Democratic majorities would be highly unlikely to support giving Trump a third term.

What Does The 22nd Amendment Say?

The 22nd Amendment, as it stands now, expressly bars presidents from being elected to more than two terms, stating: “No person shall be elected to the office of the President more than twice,” and also specifies no one who’s served as president without being elected—like a vice president who takes over the job—for more than two years can be elected more than once.

Crucial Quote

Trump’s attorney general Pam Bondi confirmed during her Senate confirmation hearing last week that Trump is unable to run for a third term under the Constitution as it now stands. Asked if Trump was allowed to run for a third term in 2028, Bondi responded, “No senator, not unless they change the Constitution.”

Is There Any Way For Trump To Serve A Third Term?

While the 22nd Amendment makes it very clear that presidents cannot be elected to a third term, it does not explicitly say they can’t serve a third term, making way for some legal loopholes that Trump could try to exploit. In a 1999 article for the University of Minnesota Law School, legal scholars Bruce G. Peabody and Scott E. Gant noted the Constitution would not explicitly prohibit a scenario where a two-term president could get back in the White House without being elected—namely by being elected to a position that’s still in the line of succession, like vice president, and then assuming power if the president resigns or is unable to serve. That suggests it could be possible for Vice President J.D. Vance or another Trump ally to run for president in 2028 with Trump as their running mate, and then upon taking office, resign the position so Trump can serve as president instead. That scenario has never been tested in practice and would be sure to face legal challenges, as critics could argue it conflicts with 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.” But Peabody and Gant noted that it could technically be allowed, writing that although “political and popular expectations would discourage” presidents from serving a third term, “whatever reluctance there is to sanctioning a reassumption of the presidency may someday be tested and ultimately overcome.”

Tangent

Pushing for a third term would put Trump in line with other controversial world leaders who have managed to defy term limits. Russian President Vladimir Putin stayed in power in 2008 after his final term ended by instead being elected to serve as Prime Minister—with his close ally Dmitry Medvedev serving as president—during which time the law changed to allow lengthier presidential terms. Putin was reinstated as president in 2012 and has stayed in power since, signing laws in 2021 that will keep him eligible to serve through at least 2036. Chinese President Xi Jinping was elected to a third term in 2023 after his government amended China’s Constitution to get rid of existing term limits, paving the way for the Chinese leader to potentially serve for life.

Key Background

The 22nd Amendment was passed by Congress in 1947 and ratified by the states in 1951, after President Franklin Delano Roosevelt defied previous presidents’ traditional terms by being elected to office four times. While President George Washington set the precedent for presidents only serving two terms when he left office in 1796, there was nothing formally codifying those term limits in federal law before the 22nd Amendment was ratified. Trump has floated the possibility of a third term since his first term in office, saying at a September 2020 rally that after winning a second term, “We’ll negotiate, right? Because we’re probably—based on the way we were treated—we are probably entitled to another four after that.”