Despite ban, Trump likely to attempt third term

Experts weigh in on constitutional barriers

THE WORLDVIEW

April 2, 2025

TO the amazement of many level-headed analysts, President Donald Trump has suggested he is exploring ways to remain in power beyond his second term, despite the constitutional ban on serving more than two terms.

In an interview with NBC, he responded to a question about the possibility by saying, “There are methods which you could do it,” adding that he was not joking.

Speaking later to reporters aboard Air Force One on a flight from Florida to Washington, Trump elaborated: “I have had more people ask me to have a third term, which in a way is a fourth term because the other election, the 2020 election, was totally rigged.” Trump had lost that election to Democrat Joe Biden.

According to an Associated Press report, Trump added, “I don’t want to talk about a third term now because no matter how you look at it, we’ve got a long time to go.”

Constitutional roadblocks

The 22nd Amendment to the US Constitution, ratified in 1951 after Franklin D. Roosevelt was elected to four consecutive terms, explicitly states: “No person shall be elected to the office of the President more than twice.”

Any attempt by Trump to extend his presidency would be illegal under existing law, though it remains unclear how seriously he might pursue the idea. His remarks, however, reflect an extraordinary willingness to challenge democratic norms — echoing his efforts to overturn the 2020 election results.

“This is yet another escalation in his clear effort to take over the government and dismantle our democracy,” said Rep. Daniel Goldman, a New York Democrat and lead counsel in Trump’s first impeachment. “If Congressional Republicans believe in the Constitution, they will go on the record opposing Trump’s ambitions for a third term.”

Speculative strategies

During the NBC interview, reporter Kristen Welker asked Trump whether one strategy to bypass the term limit could be having his vice president, J.D. Vance, run for president and then “pass the baton” back to him.

“Well, that’s one,” Trump responded. “But there are others too. There are others.”

Election law expert Derek Muller of Notre Dame dismissed such possibilities, citing the 12th Amendment, which states that “no person constitutionally ineligible to the office of President shall be eligible to that of Vice President.” In other words, if Trump is ineligible to serve as president again due to the 22nd Amendment, he cannot serve as vice president either. “I don’t think there’s any ‘one weird trick’ to getting around presidential term limits,” Muller said.

Making the ‘impossible’ possible?

A recent ‘Politico Magazine’ article outlined four theoretical ways in which Trump could attempt to secure a third term: changing the Constitution, sidestepping it, ignoring it, or outright defying it.

Trump’s Attorney General, Pam Bondi, acknowledged during her confirmation hearing that a constitutional amendment would be required. On 23rd January, Rep. Andy Ogles, a Trump ally, introduced a joint resolution seeking to amend the constitution to allow a president to serve three terms, but such a measure faces overwhelming political and logistical hurdles. Any constitutional amendment requires two-thirds support in both chambers of Congress and ratification by three-fourths of US states — a nearly impossible feat in the current political climate.

Renowned constitutional scholar Erwin Chemerinsky of the University of California, Berkeley, dismissed the idea, saying, “There is no way such an amendment would meet those thresholds.” 

Some speculate that Trump might attempt to exploit a perceived loophole in the 22nd Amendment, which bans a president from being elected more than twice but does not explicitly prohibit someone from serving a third term. Theoretically, Trump could ascend to the presidency through succession — for example, by serving as vice president and assuming office if the sitting president were to step down. However, as noted earlier, the 12th Amendment likely blocks such a manoeuvre.

Bruce Peabody, a professor of government and politics, acknowledged the possibility that Trump could attempt an unconventional legal argument: “We’ve already seen some — to put it lightly — unusual legal arguments from the Trump Administration.”

Ultimately, if Trump attempts to serve beyond two terms, it would likely result in a legal battle, with the courts determining the outcome. While his remarks may be speculative at this stage, they serve as yet another indication of his willingness to challenge longstanding democratic norms in pursuit of power.