Donald Trump has once again ignited controversy by suggesting he could seek a third term as president of the United States, despite the constitutional ban on serving more than two terms.
In a telephone interview with NBC News on March 30, from Mar-a-Lago, Trump claimed, “I’m not joking”, and hinted at “methods” that could allow him to remain in office beyond the traditional limit.
He elaborated on the idea later that day while speaking to reporters aboard Air Force One, despite the barriers posed by the constitution, which bans re-election.
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The 22nd Amendment to the US Constitution, ratified in 1951, explicitly states that no person shall be elected to the presidency more than twice.
Trump suggested that American voters would want him to serve a third term due to his “popularity”. He then falsely claimed to have “the highest poll numbers of any Republican for the last 100 years”.
Reactions to Trump’s remarks have been predictably divided. Supporters argue that his leadership is unparalleled and the constitution’s limits should be reconsidered in extraordinary circumstances.
Critics, however, see the comments as yet another example of Trump’s disregard for democratic norms. “This is a dangerous escalation,” said one Democratic lawmaker, warning of the potential erosion of constitutional safeguards.
As Trump continues to test the waters, the debate over his third-term ambitions underscores the enduring tensions in American politics – and the fragility of its democratic institutions. Whether his musings are a serious proposition or a calculated provocation, one thing is clear: Trump remains a master at keeping himself at the centre of the national conversation.
What does the US Constitution say?
The 22nd Amendment to the US Constitution, ratified in 1951, explicitly says that no person shall be elected to the presidency more than twice.
It states:
- No individual can be elected to the office of president more than twice.
- If someone serves as president for more than two years of a term to which another person was elected, they can only be elected to the office of president once.
This rule was introduced following Franklin D Roosevelt’s unprecedented four-term presidency, which raised concerns about the concentration of executive power.
How does Trump believe he could circumvent the 22nd Amendment?
Trump, however, has floated alternative strategies. One involves running as a vice-presidential candidate in 2028 alongside a Republican nominee, such as JD Vance. If elected, the president could then resign, allowing Trump to assume the presidency through succession. While this approach would likely face legal challenges, Trump’s comments have already fuelled speculation about his intentions and the potential loopholes in the constitution.
What does the 22nd Amendment of the constitution state?
Section 1
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. But this Article shall not apply to any person holding the office of President when this Article was proposed by the Congress, and shall not prevent any person who may be holding the office of President, or acting as President, during the term within which this Article becomes operative from holding the office of President or acting as President during the remainder of such term.
Section 2
This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within seven years from the date of its submission to the States by the Congress.
How likely is it that Trump will serve a third term?
The likelihood of Trump serving a third term is an unlikely scenario in today’s polarised political climate.
Legal experts agree that any attempt to overturn this amendment would require a Herculean effort, in a process that demands either a two-thirds majority in Congress or approval from two-thirds of US states to convene a constitutional convention, followed by ratification from three-quarters of the states.
Pam Bondi, Trump's former attorney general, stated during her Senate confirmation hearing: "He is unable to run for a third term under the Constitution as it now stands."
While Trump has hinted at "methods" to make it happen, such as running as vice president and later assuming the presidency, legal experts have pointed out that this approach would likely violate existing laws.
Steve Bannon, Trump’s former strategist, told NewsNation last week: “I’m a firm believer that President Trump will run and win again in 2028.
“We’re working on it. … We’ll see what the definition of term limit is.”
He argued that Trump could circumvent the 22nd Amendment, because the word “consecutive” is not in the text of the document.
However, the Republicans are already starting the process. In January, congressman Andy Ogles introduced a House resolution to amend the constitution, to enable a president to be elected for up to three terms.
Ogles wrote that President Trump “must be given the time necessary to accomplish that goal. To that end, I am proposing an amendment to the constitution to revise the limitations imposed by the 22nd Amendment on presidential terms. This amendment would allow Trump to serve three terms, ensuring that we can sustain the bold leadership our nation so desperately needs”.
However, Jeremy Paul, a constitutional law professor, dismissed the idea, stating: “There are no credible legal arguments for him to run for a third term.”
Derek Muller, a professor of election law at Notre Dame, told the LA Times that the 12th Amendment, which was ratified in 1804, says “no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States”.
Muller said that means, if Trump is ineligible to run for president again because of the 22nd Amendment, he is also ineligible to run for vice president.
He said: “I don’t think there’s any ‘one weird trick’ to getting around presidential term limits.”
Muller believes Trump is probably talking about a third term for political reasons, to “show as much strength as possible”.
Nevertheless, constitutional law professor Michele Goodwin from Georgetown Law, told the Independent there is a chance: “There has already been a display of lawlessness in the executive orders and other actions taken by the Trump administration. When people feel threatened, as some people are, they begin making concessions – unnecessary concessions.”
But while she calls the situation “dystopic”, she believes help might come from the Supreme Court, which is the last line of defence. They have already opposed some of Trump’s policies.
However, the Supreme Court’s controversial ruling, that presidents are immune from criminal liability for actions taken in office, could mean Trump might be encouraged to ride roughshod over the constitution.
How old would Trump be if he served a third term?
Trump would be 82 at the end of his second term – the same age as the former president, Joe Biden, at the end of his term.
The president has always been a very vocal critic of his predecessor.
However, in a hint that he has always planned a third term, Trump wrote on his social media, Truth Social, a year ago, that age wasn’t an issue.
But he did add at the time: “Joe Biden is not too old to be president — not even close — but he is too incompetent and corrupt!”
When Trump was asked whether he would want to keep serving in “the toughest job in the country”, he replied: “Well, I like working.”
As with the Biden comment, he has previously hinted about serving longer than two terms.
Last February, Trump told Republicans: “I suspect I won’t be running again unless you say, ‘He’s so good we’ve got to figure something else out’.”
And, earlier this year, he said at a House Republican retreat: “Am I allowed to run again?”
Reaction to the comments
Votes don’t count in a totalitarian regime. #TrumpsThirdTerm pic.twitter.com/2tofXOTfO6
— Larry Charles (@larrycharlesism) September 13, 2020
Trump, as ever, has stirred people on both sides of the political spectrum to comment.
Congressman Daniel Goldman, a New York Democrat who served as lead counsel for Trump’s first impeachment, called it "yet another escalation in his clear effort to take over the government and dismantle our democracy".
In a statement, Goldman said: “If congressional Republicans believe in the constitution, they will go on the record opposing Trump’s ambitions for a third term.”
Muller added: “A lame-duck president like Donald Trump has every incentive in the world to make it seem like he’s not a lame duck.”
Rather unsurprisingly, Republican Steve Bannon voiced support, saying "We want Trump in '28" during a speech at the Conservative Political Action Conference.
And celebrities are also now starting to speak out. Seinfeld and Curb Your Enthusiasm creator Larry David, also known as Larry Charles, who has previously called Trump a “sociopath”, had this to say on X: “Votes don’t count in a totalitarian regime.”
Vance’s office has yet to respond to a request for comment from the Associated Press at the time of writing.
