Donald Trump has expressed that he is “not joking” about the possibility of serving a third term as US president.
Although the US Constitution states that no person can be elected to the presidency more than twice, some of Trump’s supporters have speculated about potential ways around this limitation.
In a recent NBC News interview, Trump discussed the prospect of a third term, stating, “there are methods which you could do it.”
“I’m not joking… a lot of people want me to do it,” he added. “But, I basically tell them we have a long way to go, you know, it’s very early in the administration.”
Trump, who would be 82 at the end of his second term, was asked about continuing in “the toughest job in the country.” He replied, “Well, I like working.”
This is not the first time Trump has addressed the issue. Earlier in January, he told supporters that serving not just once, but “twice or three times or four times” would be “the greatest honor of my life,” although he later dismissed the comment as a joke aimed at the “fake news media.”
What Does the US Constitution Say?
The US Constitution appears to rule out a third term at first glance. The 22nd Amendment states:
“No person shall be elected to the office of the president more than twice, and no person who has held the office of president, or acted as president, for more than two years of a term to which some other person was elected president shall be elected to the office of the president more than once.”
Changing the Constitution would require approval from two-thirds of both the Senate and the House of Representatives, as well as approval from three-quarters of the state legislatures.
Currently, Trump’s Republican Party controls both chambers of Congress but lacks the necessary majorities. Additionally, the Democratic Party holds control over 18 of the 50 state legislatures.
Could Trump Serve a Third Term?
Some of Trump’s supporters argue there may be a legal loophole in the Constitution that has never been tested in court. They suggest that the 22nd Amendment specifically bans someone from being “elected” to more than two terms, but it says nothing about “succession.”
According to this theory, Trump could run as vice president with another candidate—perhaps JD Vance, his former vice president—in the 2028 election. If they win, the candidate could immediately resign, allowing Trump to assume the presidency through succession.
Steve Bannon, a former Trump advisor, believes Trump could “run and win again,” and pointed out “a couple of alternatives” for how this might happen.
In January, Tennessee Republican Representative Andy Ogles introduced a resolution calling for a constitutional amendment allowing a president to serve up to three terms, provided they were not consecutive. This would only apply to Trump, as other former presidents served consecutive terms.
However, Ogles’ proposal faces significant hurdles given the high bar for constitutional amendments, making it unlikely to succeed.
Who Opposes a Third Term for Trump?
Many Democrats are firmly against the idea. Daniel Goldman, a New York Representative and lead counsel in Trump’s first impeachment trial, stated, “This is yet another escalation in his clear effort to take over the government and dismantle our democracy.”
Some Republicans are also against the idea. Oklahoma Senator Markwayne Mullin declared in February that he would not support any effort to allow Trump to return to the White House.
“I’m not changing the constitution, first of all, unless the American people chose to do that,” Mullin said in an NBC interview.
What Do Legal Experts Say?
Derek Muller, an election law professor at the University of Notre Dame, argued that the 12th Amendment of the Constitution prohibits anyone who has already served two terms as president from running for vice president. In his view, this means there is no “legal loophole” to bypass term limits.
Jeremy Paul, a constitutional law professor at Northeastern University in Boston, added that there are “no credible legal arguments” for Trump to serve a third term.
Has Anyone Served More Than Two Terms?
Franklin Delano Roosevelt is the only US president to serve more than two terms. Roosevelt was elected four times and served until his death in April 1945, three months into his fourth term. His extended presidency occurred during the Great Depression and World War II, which many argue contributed to his continued leadership.
Before Roosevelt, the two-term limit was more of an unwritten tradition, with George Washington setting the precedent by refusing a third term in 1796. Roosevelt’s time in office led to the formalization of the two-term limit in the 22nd Amendment in the early 1950s.