Can Trump serve a third term? What to Know When GOP Legislature’s Bill Doomed to Failure

On January 25, 2025By Littum

Top line

Rep. Andy Ogles, R-Tenn., introduced a resolution Thursday to amend the constitution to allow President Donald Trump to seek a third term—an effort that is certain to fail, though Trump could try to test term limits through legal loopholes.

Donald Trump is sworn in as the 47th President of the United States in the US Capitol Rotunda in … (+) Washington, DC, January 20

AFP via Getty Images

Key facts

Ogles introduced A resolution that would amend the constitution to say that no one can be “elected to the office of the President more than three times, nor elected to a further term after having been elected to two consecutive terms,” arguing that the move would “(ensure) That we can maintain the bold leadership that our nation so desperately needs” by keeping Trump in power.

The resolution follows repeatedly Comments Trump hinted that he might want to stay in power for a third term, telling GOP lawmakers after his election, “I guess I’m not going to run again unless you say, ‘He’s so good that we’re have to figure something else out’ ” And telling members of the National Rifle Association in May, “Are we three-year or two-year if we win?”

While Trump has proposed the 22nd Amendment bars third terms after a president serves two consecutive terms—which would mean Trump could run for a third time since there was a four-year gap between his first and second terms—there nothing in the text of the 22nd Amendment supports this interpretation.

Ogles’ decision to amend the constitution is almost certain to fail: even if it were to have the support of 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 changes must also 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 very unlikely to support giving giving to give to give give Trump a third term.

What does the 22nd Amendment say?

The 22nd amendmentas it now stands, expressly bars presidents from being elected to more than two terms, saying, “No person shall be elected to the office of the President more than twice,” and also specifies no one who has served as president without being elected— As a vice president who takes over the job – for more than two years can be elected more than once.

Crucial quote

Trump’s legal counsel Pam Bondi confirmed during her Senate confirmation hearing last week that Trump is unable to run for a third term under the constitution as it stands. Asked if Trump was allowed to run for a third term in 2028, Bondi replied“No senator, not unless they change the constitution.”

Is there any way for Trump to 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 that they cannot serve a third term, leaving room 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 that the Constitution would not explicitly prohibit a scenario in which a two-term president could return to the White House without being elected—namely, by being elected to A position still in the line of succession, as vice president, and then assumes power if the president resigns or is unable to serve. That suggests it could be possible for Vice President JD Vance or another Trump ally to run for president in 2028 with Trump as their running mate, and then, once they take office, step down so Trump can serve as president instead. This scenario has never been tested in practice and would be sure to face legal challenges, as critics could argue that it conflicts with the 12th Amendment, which says“No person ineligible to the office of the President shall be eligible to the office of Vice President of the United States.” But Peabody and Gant noted that it was technically permissible to write that although “political and popular expectations would discourage” presidents from serving a third term, “whatever reluctance there may be to sanction an overhaul of the presidency one day can be tested and ultimately overcome. “

Key

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 last term ended, he was instead elected to serve as prime minister — with his close ally Dmitry Medvedev serving as president — at which time the law changed to allow for long presidential terms. Putin was reinstated as president in 2012 and has remained in power since, signs laws In 2021, it will keep him eligible to serve through at least 2036. Chinese President Xi Jinping was chosen for 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 the traditional terms of previous presidents by being elected to the office four times. While President George Washington set the precedent for presidents serving only two terms when he left office in 1796, there was nothing formally codifying these terms in federal law until the 22nd Amendment was ratified. Trump has floated the possibility of a third term since his first term in office, saying at a rally in September 2020 that after winning a second term, “we’re going to negotiate, right? Because we’re probably — based on the way we were treated — we’re probably entitled to another four after that. “