President Donald Trump has floated the idea of a third term as president on several occasions. While a third term would violate the U.S. Constitution, some Trump allies are exploring their options.
Trump’s interest
“A lot of people want me to do it,” Trump said of a third term while speaking to NBC News in March. While he said it was far too early to think about it, he also said, “I’m not joking.”
Download the SAN app today to stay up-to-date with Unbiased. Straight Facts™.
Point phone camera here
Seven months later, the president echoed those comments, telling reporters aboard Air Force One that he “would love to do it.”
While making those comments, Trump also touted his health. He’s already the oldest person to ever be elected president and would be 82 on Inauguration Day 2029.
Trump’s official merchandise website also sells “Trump 2028” hats, t-shirts and koozies. During a recent meeting with Democratic leaders in the Oval Office, Trump made sure to prominently display Trump 2028 hats on his desk.
Meanwhile, Trump ally and former White House strategist Stephen Bannon recently threw his support behind a third Trump term. Bannon, who pleaded guilty to fraud charges in February, implied there’s a plan in place.
“Trump is going to be president in ’28, and people ought to just get accommodated with that,” Bannon said.
Unconstitutional push
Despite Trump’s interest, the U.S. Constitution clearly lays out term limits.
Unbiased. Straight Facts.TM
No president has served a third term since Franklin D. Roosevelt.
“No person shall be elected to the office of the President more than twice, and no person who has held the office of President, or acted as President, for more than two years of a term to which some other person was elected President shall be elected to the office of the President more than once,” the 22nd Amendment reads.
The 22nd Amendment was ratified in 1951, after former President Franklin D. Roosevelt broke the two-term precedent and was elected to office four times before dying in office.
Many lawmakers, especially Republicans, saw Roosevelt’s extended presidency as a threat to the balance of power and hoped to pass an amendment to prevent future presidents from following in FDR’s footsteps.
The two-term precedent was set by America’s first president, George Washington, who declined to run for a third term.
“I rejoice that the state of your concerns, external as well as internal, no longer renders the pursuit of inclination incompatible with the sentiment of duty or propriety, and am persuaded whatever partiality may be retained for my services, that in the present circumstances of our country, you will not disapprove my determination to retire,” Washington said in his farewell address, essentially saying serving indefinitely would not be good for the republic.
Circumventing the 22nd Amendment
If Trump really is “not joking” about a third term, his allies have floated several options on how to get around the 22nd Amendment.
The first is just to simply repeal that amendment, but the framers set a bar that’s an almost impossible task, especially in today’s political climate.
A Constitutional amendment would require two-thirds support in the House and Senate or a convention called by two-thirds of the states. Then, that amendment would need to be ratified by 38 of the 50 state legislatures.
Republicans hold a slim majority in the House and Senate and control only 28 state legislatures.
Then, there’s the idea of succession.
Trump’s allies argued the 22nd Amendment only bars someone from being elected for a third term. So, in theory, Trump could be elected as vice president, then have the elected president step down to make Trump president.
That’s also unconstitutional per the 12th Amendment.
“No person constitutionally ineligible to the office of president shall be eligible to that of vice-president of the United States,” the 12th Amendment reads.
Trump rejected that idea anyway.
“I would rule that out because it’s too cute,” Trump said. “I think the people wouldn’t like that. It’s too cute. It’s not, it wouldn’t be right.”
The only real loophole seems to be Trump becoming Speaker of the House of Representatives.
You don’t technically need to be a member of the House to become Speaker, although that hasn’t happened since 1789, when Frederick Muhlenberg became the first Speaker. The House had just been formed, and members hadn’t been sworn in yet, technically meaning Muhlenberg was chosen before becoming an official representative.
If Trump became speaker and the sitting president and vice president resigned, Trump would be next in line to be president. That would face serious legal challenges.
Current House Speaker Mike Johnson, who’s also a constitutional lawyer, threw some cold water on the plan for a third term for Trump, saying he sees no path for it.
“It’s been a great run,” Johnson said. “But I think the president knows, and he and I have talked about, the constrictions of the Constitution, as much as so many of the American people lament that.”
Johnson also noted timeline constraints and said amending the constitution could take around 10 years.
