President Donald Trump on Monday declined to dismiss speculation that he would seek a third term and said he hadn’t considered whether he would go to court to contest the US Constitution’s two-term limit for presidents.
What Does The Constitution Say?
The 22nd Amendment states in part: “No person shall be elected to the office of the President more than twice.”
This amendment was ratified in 1951 after President Franklin D. Roosevelt broke with a long-standing two-term tradition followed since George Washington. Roosevelt, who led the country through the Great Depression and World War II, served a third term and died early into his fourth term in 1945.
Wayne Unger, a law professor at Quinnipiac University, said the Constitution clearly limits presidents to two terms of four years each. Although this has never been tested in court, Unger predicted any challenge would fail.
“I would predict the Supreme Court to say nope, it’s clear — two terms of four years each. Donald Trump, you cannot run for a third,” he said.
Can Trump’s Allies Change The Constitution?
Technically yes, but it’s extremely unlikely in today’s polarized political climate.
Any constitutional amendment requires two-thirds support in both the House and Senate—or a convention called by two-thirds of the states—followed by ratification from 38 of the 50 state legislatures.
Republicans currently hold a narrow majority in the House and the Senate, and control 28 state legislatures. Earlier this year, Republican Representative Andy Ogles of Tennessee proposed amending the 22nd Amendment to allow people to serve three non-consecutive terms as president.
If such an amendment were ever passed, it could allow Trump—whose first and current terms are non-consecutive—to serve again beginning in 2029.
Could Trump Run As Vice President?
Trump dismissed the idea of running as vice president and then taking over if the elected president resigned.
“I’d be allowed to do that,” Trump said aboard Air Force One, before adding, “I think the people wouldn’t like that. It’s too cute.”
However, constitutional experts point out that Trump is barred from serving as vice president because he is not eligible to be president again. The 12th Amendment to the US Constitution states, “No person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.”
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