President Donald Trump has embarked on his second term as President, which is his final term permitted under the U.S. Constitution. However, he has been making light-hearted remarks about the possibility of serving a third term. During a recent retreat with House Republicans in Florida, Trump humorously inquired, “Am I allowed to run again?” This seems to be a continuation of a recurring theme; shortly after his election win last fall, he indicated in a gathering with House Republicans that he may wish to extend his stay beyond the second term. He remarked, “I suspect I won’t be running again unless you say, ‘He’s so good we got to figure something else out,’” which elicited laughter from the Republican lawmakers.
While Trump and his supporters have often joked about the prospect of him serving additional terms, these comments tend to cause unease among his critics. This apprehension is fueled by his prior attempts to challenge the results of the 2020 election and his decisions to grant clemency to individuals who took part in the violent events at the U.S. Capitol on January 6, 2021. Nonetheless, Trump, who will reach the age of 82 by the time his current term concludes, has assured his supporters that this will indeed be his final term, as any attempts to pursue another would directly contradict the Constitution.
Some relevant questions about Trump’s sporadic comments regarding a third term arise. To begin, what guidance does the Constitution offer? The 22nd Amendment states that “No person shall be elected to the office of the President more than twice.” This amendment was put into place after President Franklin Delano Roosevelt was elected four times, with his last election occurring in 1944. The amendment presents a clear prohibition against serving more than two terms. Although some supporters of Trump assert that the wording only pertains to consecutive terms due to Roosevelt’s case, the text of the amendment itself does not reflect this interpretation.
Additionally, there are arguments suggesting that since the ban pertains solely to “being elected” more than twice, Trump could theoretically run as vice president and potentially assume the presidency if the ticket were victorious and the sitting president resigned. However, such a maneuver would involve an intricate strategy, notably complicated by Trump’s age, as he would be 82 during the next election cycle. An attempt to introduce a constitutional amendment permitting Trump to seek an additional term has been made by at least one Republican in Congress, but this initiative is unlikely to progress given the stringent requirements for amending the Constitution.
If Trump were to pursue another campaign, a coalition of election officials and the judiciary would nearly guarantee his absence from the ballot. State officials have historically barred candidates from presidential ballots who fail to meet fundamental constitutional standards, such as being a natural-born citizen or at least 35 years old. They would similarly ensure compliance concerning term limits. In 2023, various states attempted to disqualify Trump from the ballot based on purported violations of the 14th Amendment prohibiting insurrectionists from holding office. This endeavor met with failure after the U.S. Supreme Court overturned those decisions, primarily because no presidential candidate had ever faced such an application of the insurrection clause, leading to complex legal uncertainties.
The interpretation of the 22nd Amendment presents significantly less ambiguity, according to legal experts like Derek Muller, a professor at Notre Dame Law School. Muller noted that there would be no factual disputes surrounding the amendment, which would likely lead to a broader consensus among states attempting to disqualify Trump. He expressed skepticism that the Supreme Court would easily dismiss challenges regarding term limits.
As for Trump’s motivations, his past of taunting critics likely plays a role in his remarks, but there may also be a strategic reason for keeping the notion of a third term in the air. Currently viewed as a lame duck president nearing the end of his tenure, Trump’s political influence typically wanes during this phase since he will not seek election for the same office again. Therefore, his flirtation with the idea of a third term may serve to convince the public of his ongoing relevance. Political analysts suggest that Trump’s assertive actions as he enters this new term indicate his awareness of the limited time he has left in office. Muller concluded, “He’s governing like he’s a lame duck right now, with nothing to lose.”
