In the U.S. Constitution, the 22nd Amendment explicitly states that a person twice elected as president cannot run in an election for a third term. With Franklin D. Roosevelt being the only president to ever bypass the two-term precedent before the amendment was ratified in 1951, the policy has mandated a basic guideline for the highest elected position in the U.S. for generations.
However, President Donald Trump, in an interview with NBC about the possibility of seeking a third term, introduced the prospect of stretching the boundary of terms as the president.
The interview, conducted on March 31, shed light on Trump’s future sights on the presidency; he announced that trying to serve a third term is no longer just a joke, which is the clearest indication of his efforts to breach a constitutional barrier against continuing to lead the country after his second term ends in early 2029.
In other words, Trump may aim to serve for the third term, challenging the constitutional boundaries. This should not be allowed.
While he added how it is still “far too early to think about it,” the comments nonetheless are a reflection of his desire to maintain power, a parallel of his violation of democratic traditions four years ago when he tried to overturn the 2020 election, which he lost to former President Joe Biden.
The Jan. 6 insurrection, in which a violent, armed mob of Trump supporters stormed the U.S. Capitol with threats toward Congress and Vice President Mike Pence, significantly undermines Trump’s credibility as a candidate. According to American Oversight, the biggest instigator of the outbreak was the former president himself, who for months had sparked the flames of conspiracy and earlier that day urged the crowd to march to the Capitol and “fight.”
Talk about a presidential term-limit amendment started in 1944 when Republican candidate Thomas Dewey suggested that a potential 16-year term for Roosevelt threatened democracy. In a speech in Buffalo N.Y. inon Oct. 31, 1944, Dewey remarked that a single person serving as president for 16 years would be the most dangerous threat to our freedom ever proposed.
In March 1947, two years after Roosevelt’s death at age 63 and the subsequent swearing in of Harry S. Truman, the House of Representatives proposed Joint Resolution 27. Congress approved this as the 22nd Amendment to prevent any future presidents from staying in office for so long — the amendment was ratified in February 1951. Since then, some members of Congress have introduced efforts to repeal the 22nd Amendment, but movements have been largely unsuccessful. For example, former Republican from Michigan Guy Vander Jagt introduced a bill to repeal the 22nd Amendment in 1986, but Congress did not act upon it.
Even with the amendment in place, there are possible loopholes that might leave illegitimate but feasible methods for Trump to try for a third term. For one, supporters of Trump argue that the 22nd Amendment only explicitly bans someone from being “elected” to more than two presidential terms — saying nothing of “succession.”
Under this theory, Trump could be the vice president to another candidate — perhaps his current vice president, JD Vance — in the 2028 election. If they win, the candidate could be sworn into the White House and then immediately resign, leaving Trump to take over by succession.
More legitimately, Republican Rep. Andy Ogles of Tennessee proposes directly amending the 22nd Amendment. A press release from his office in January suggested a proposal of allowing a president to serve up to three terms, as long as they are not consecutive.
The matter of Trump bypassing such a longstanding constitutional precedent ultimately lies in the hands of the people. Thankfully, support for Ogles’ coercive proposal has also fallen short. Not only do Democrats oppose the idea in fear of dismantling democracy, but some within the Republican party also think it’s a bad idea. Republican Sen. Markwayne Mullin of Oklahoma said in February he would not back an attempt to put Trump back in the White House.
Trump’s performance as president so far in his second term makes it even clearer that he should not be allowed a third term. To the horror of many observers, Trump has referred to himself as “king” — a title with no boundaries — when discussing his decision to rescind New York City’s congestion pricing program. People from all over the country, including government representatives from New York, Illinois and Virginia, took to the streets to protest in response, dismissing the idea of having a king.
Compared to other presidents, polls show that Trump’s popularity also is historically low: A recent CBS News poll revealed that 40% of people felt Trump’s policies as president would make them financially better off, but by late March, only a quarter still felt that way, while nearly twice as many said his policies were negatively impacting their finances.
This negative outlook includes members of Trump’s party. Just before Trump took office, three-fourths of Republicans said his policies as president would increase their financial stability, but now, less than half of them say his policies are benefiting them.
Noah Rosenblum, a legal historian and constitutional law professor at New York University, expressed his disapproval of a three-term presidency to CBS News.
“There are very few norms as deeply embedded in American democratic culture as the idea that the president serves two terms,” Rosenblum said. “And clever word games to try to get around that are really nothing but attempts to undermine the clear text, spirit and intention of the Constitution and this historical process that ungirds it.”
