Exploring the Legal Quagmire of Trump’s Ambition for a Third Term

Man in suit and red tie at podium.

Donald Trump’s latest comments about seeking a third presidential term have sparked both constitutional debate and political alarm among legal experts and lawmakers alike.

Key Takeaways

  • President Trump stated he is “not joking” about pursuing methods to serve a third term despite the 22nd Amendment’s two-term limit.
  • Legal experts argue there are no credible constitutional pathways for Trump to serve a third term without amending the Constitution.
  • Amending the Constitution would require a two-thirds majority in Congress or support from two-thirds of state legislatures – a politically challenging prospect.
  • Trump suggested potential strategies involving Vice President JD Vance that legal scholars have questioned as constitutionally problematic.
  • This isn’t the first time Trump has mentioned a third term, though previous comments were often dismissed as jest.

Trump’s Third-Term Aspirations

In a recent NBC News interview, President Donald Trump made headlines by declaring he was “not joking” about seeking a third presidential term, directly challenging the constitutional limit established by the 22nd Amendment. Trump asserted, “There are methods which you could do it,” suggesting he had been approached by supporters encouraging him to pursue extended leadership. The president’s comments have reignited discussions about presidential term limits and the constitutional guardrails that have governed presidential succession since 1951.

Trump cited his popularity and poll numbers as justification, claiming, “A lot of people want me to do it.” This assertion comes despite Gallup polling data that contradicts his popularity claims. The president’s suggestion of circumventing constitutional limitations has drawn criticism from Democrats and constitutional scholars who view such rhetoric as dangerous to democratic norms. Trump’s comments are particularly significant given his previous efforts to contest election results in 2020.

Legal and Constitutional Barriers

Legal experts have been quick to point out the significant constitutional obstacles to Trump’s third-term ambitions. The 22nd Amendment clearly states that “no person shall be elected to the office of President more than twice.” Jeremy Paul, a constitutional law specialist, stated unequivocally, “There are no credible legal arguments for him to run for a third term.” Amending the Constitution would require either a two-thirds majority vote in both houses of Congress or a constitutional convention called by two-thirds of state legislatures – both politically improbable scenarios.

Some Trump allies have suggested creative workarounds. Law professor Stephen Gillers outlined one potential strategy involving Vice President JD Vance. “Trump can be nominated as vice president with Vance nominated to be president. If the Vance-Trump ticket wins, Vance resigns and Trump becomes president. He then chooses Vance to be his vice president,” explained Gillers. However, Gillers himself identified a significant problem with this approach, noting the 12th Amendment restriction that no person constitutionally ineligible for the presidency can serve as vice president.

Political Implications

Trump’s third-term comments have significant political ramifications. Rep. Andy Ogles has already proposed a resolution to extend presidential term limits, potentially creating a path for Trump. Meanwhile, former Trump strategist Steve Bannon has publicly supported the idea of Trump seeking ways to remain in power beyond constitutional limitations. The White House has responded by amplifying these comments, even posting an image of Trump wearing a crown – a reference to his statements comparing himself to royalty.

Trump has made similar suggestions before, though they were often dismissed as rhetorical flourishes or strategic provocations. This time, the explicit nature of his comments and his insistence that he is “not joking” have alarmed constitutional scholars and political observers. Rep. Daniel Goldman has urged Republicans to oppose what he characterizes as Trump’s authoritarian tendencies. Despite the controversy, congressional Republican leadership has remained notably silent on Trump’s third-term aspirations, neither endorsing nor condemning the president’s comments.

Sources:

Trump says he’s looking for ways to serve a third term as president

Donald Trump’s Pathways to a Third Term

Trump won’t rule out seeking a third term in the White House, tells NBC News ‘there are methods’ for doing so