On March 30, during a conversation on Air Force One, President Trump stated that he is “not joking” about the possibility of a third term. “I have had more people ask me to have a third term, which in a way is a fourth term because the other election, the 2020 election, was totally rigged,” he said. However, he later expressed a desire to avoid discussing a third term, remarking, “We’ve got a long way to go.”
The two-term limit was a precedent established by George Washington, but it was not until after Franklin Delano Roosevelt died during his fourth term that the 22nd Amendment was ratified. Since 1951, the Constitution has stated, “No person shall be elected to the office of the President more than twice.”
“We’re beholden to constitutional law because government has power,” Professor of Political Science Tim Hill said. “Government, by definition, has the power of life and death over citizens, and therefore one thing we can do to limit what that power looks like in the individual lives of Americans is to write down what it is and isn’t.”
Hill likened constitutional law to the rules of a sport.“The rules are written down and agreed upon ahead of time. A touchdown is worth six points, right? If a team tries to say it should be worth eight points, we don’t let them do that,” Hill said.
Changing term limits through a new constitutional amendment would require the support of three-fourths of the states. Nevertheless, Trump asserts that “there are methods” which could allow him to serve again. Scholars point out that the word “elected” in the 22nd Amendment is significant.
A former two-term president could serve as Speaker of the House or hold another federal position and potentially become president through the Presidential Succession Act of 1947. Dwight Eisenhower referenced this succession loophole in 1960, saying, “I can’t run. But someone has raised the question: if invited, could I constitutionally run for vice president? You might find out about that one.”
However, some legal experts have directed their attention to the last sentence of the 12th Amendment: “No person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.” This issue could be contested in a legal case that would likely reach the Supreme Court, though experts are uncertain how the Court would rule given the current political landscape.
Professor Hill outlined what he considers the “worst-case scenario.” In this hypothetical situation, President Trump could readdress the issue in late 2027, using his influence within the party to “sort of clear the field so there are no other serious challengers.” This action could provoke backlash from the courts, leading to a Supreme Court case over which states would permit Trump on the ballot, further complicating the situation, especially in swing states.
“Everybody’s going to be suing everybody, and it’s going to be crazy,” Hill said. “We’ve seen several times now moments where people assumed the Constitution mandated a certain approach that Trump was defying, and he has often gotten his way and changed our understanding of what the Constitution mandates.”
At present, the constitutional laws and the president’s comments are all the public has to consider. Trump has declined to confirm whether he plans to leave the White House after his second term ends on Jan. 20, 2029.
