Topline
President Donald Trump told NBC News Sunday he’s “not joking” about possibly seeking a third term, which would be barred under the Constitution—though Trump could try to test the restrictions using legal loopholes.
Donald Trump is sworn in as the 47th president of the United States in the US Capitol Rotunda in … More
Key Facts
Trump did not rule out the possibility of running for a third term Sunday, telling “Meet the Press” that he’s “focused on the current” and “it’s very early in the administration,” but “a lot of people would like me to” run for a third term and he “like[s] working.”
Trump said he was “not joking” when he’s made repeated comments suggesting he might want to stay in power for a third term, previously telling GOP lawmakers after his election, “I suspect I won’t be running again unless you say, ‘He’s so good we’ve got to figure something else out’” and telling members of the National Rifle Association in May, “Are we three-term or two-term if we win?”
Trump has argued the 22nd Amendment bars third terms only after a president serves two consecutive terms—meaning Trump would be able to run for a third time since there was a four-year gap between his first and second terms— but there is nothing in the text of the 22nd Amendment that supports that interpretation.
Trump told Welker Sunday “there are methods which” he could use to have a third term, agreeing with the host when she noted it could be possible for Trump to run as the vice presidential candidate in 2028, and then for whomever’s elected president to resign, making Trump president.
He declined to elaborate on any other “methods” he could use to serve a third term.
Rep. Andy Ogles, R-Tenn., previously introduced a resolution to amend the Constitution and permit presidents to serve three terms if the first two weren’t consecutive—clearing the way for a third Trump term—but that’s virtually certain to fail: Even if it were to have support from a majority of lawmakers in the House and Senate, Constitutional amendments can only pass with a two-thirds majority in both chambers, which is highly unlikely given the GOP’s narrow majority.
If they make it through Congress, constitutional amendments also then have to be approved by at least three-quarters of all states—which is also all but guaranteed not to happen in this case, given states with Democratic majorities would be highly unlikely to support giving Trump a third term.
Crucial Quote
“I’m not joking. I’m not joking,” Trump told Welker when asked about him serving a third term, but added, “It is far too early to think about it.” He also was noncommittal when asked if he would “pass the baton” on to Vance and let his vice president run in 2028 instead, saying, “Oh I may—it’s too early … to even think about it.”
What Does The 22nd Amendment Say?
The 22nd Amendment, as it stands now, expressly bars presidents from being elected to more than two terms, stating: “No person shall be elected to the office of the President more than twice,” and also specifies no one who’s served as president without being elected—like a vice president who takes over the job—for more than two years can be elected more than once.
How Could Trump Serve A Third Term?
While the 22nd Amendment makes it very clear that presidents cannot be elected to a third term, it does not explicitly say they can’t serve a third term, making way for some legal loopholes that Trump could try to exploit. In a 1999 article for the University of Minnesota Law School, legal scholars Bruce G. Peabody and Scott E. Gant noted the Constitution would not explicitly prohibit a scenario where a two-term president could get back in the White House without being elected—namely by being elected to a position that’s still in the line of succession, like vice president, and then assuming power if the president resigns or is unable to serve. As Welker suggested to Trump, that means it could be possible for Vice President J.D. Vance or another Trump ally to run for president in 2028 with Trump as their running mate, and then upon taking office, resign the position so Trump can serve as president instead. Trump did not commit to that scenario to Welker, only saying when she brought up the possibility, “Well, that’s one [method]. But there are others too. There are others.” That scenario has never been tested in practice and would be sure to face legal challenges, as critics could argue it conflicts with the 12th Amendment, which states, “No person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.” But Peabody and Gant noted that it could technically be allowed, writing that although “political and popular expectations would discourage” presidents from serving a third term, “whatever reluctance there is to sanctioning a reassumption of the presidency may someday be tested and ultimately overcome.”
What Has Trump’s Attorney General Said About Him Serving Third Term?
Trump’s attorney general Pam Bondi confirmed during her Senate confirmation hearing that Trump is unable to run for a third term under the Constitution as it now stands. Asked if Trump was allowed to run for a third term in 2028, Bondi responded, “No senator, not unless they change the Constitution.”
Tangent
Pushing for a third term would put Trump in line with other controversial world leaders who have managed to defy term limits. Russian President Vladimir Putin stayed in power in 2008 after his final term ended by instead being elected to serve as Prime Minister—with his close ally Dmitry Medvedev serving as president—during which time the law changed to allow lengthier presidential terms. Putin was reinstated as president in 2012 and has stayed in power since, signing laws in 2021 that will keep him eligible to serve through at least 2036. Chinese President Xi Jinping was elected to a third term in 2023 after his government amended China’s Constitution to get rid of existing term limits, paving the way for the Chinese leader to potentially serve for life.
Key Background
The 22nd Amendment was passed by Congress in 1947 and ratified by the states in 1951, after President Franklin Delano Roosevelt defied previous presidents’ traditional terms by being elected to office four times. While President George Washington set the precedent for presidents only serving two terms when he left office in 1796, there was nothing formally codifying those term limits in federal law before the 22nd Amendment was ratified. Trump has floated the possibility of a third term since his first term in office, saying at a September 2020 rally that after winning a second term, “We’ll negotiate, right? Because we’re probably—based on the way we were treated—we are probably entitled to another four after that.” Welker asking Trump about a third term came after Trump allies like former advisor Steve Bannon have publicly floated the possibility, with Bannon recently saying on NewsNation that he and other Trump allies were “working on” plans for Trump to run in 2028. “I think we’ll have a couple of alternatives. Let’s say that. We’ll see,” Bannon said. “We’re not prepared to talk about it publicly, but a couple months, I think we will.”
Further Reading
Tennessee Republican proposes amendment to allow Trump to serve third term (The Hill)
Presidential Terms and Tenure: Perspectives and Proposals for Change (Congressional Research Service)
The Twice and Future President: Constitutional Interstices and the Twenty-Second Amendment (University of Minnesota Law School)
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