Trump Gets Bad News About Third Term

President Trump and his allies have been openly floating the idea of a third term, despite the constitutional limits clearly prohibiting it. In March, Trump insisted he was “not joking” when he talked about seeking another term, and even suggested in an interview that there are “methods” he could use to make it happen.

Under the 22nd Amendment, no person can be elected president more than twice. Changing that rule would require a two-thirds vote in both chambers of Congress and approval from three-quarters of the states a nearly impossible task in today’s political environment. While another path involves calling a constitutional convention, the ratification requirement remains the same: 38 out of 50 states would have to sign off.

The White House has tried to downplay the idea. Communications director Steven Cheung said Trump believes it’s “far too early to think about” a third term. Still, legal scholars are treating the comments seriously. Some argue that the 22nd Amendment clearly applies to being elected, not necessarily to serving, raising legal questions about how far Trump could take such a scenario.

Kimberly Wehle, a constitutional law professor, criticized the notion that the amendment could be sidestepped with legal maneuvers, calling it neither legitimate nor ethical. The amendment was ratified in 1951 after Franklin D. Roosevelt was elected to four terms, and also contains provisions that limit vice presidents who serve more than two years of a predecessor’s term from seeking more than one election themselves.

While Trump mused about a potential flip of the 2024 ticket where Vice President J.D. Vance might take the top slot and later resign to allow Trump to assume office experts say such a move would almost certainly trigger legal challenges. Bruce Peabody, a professor who has studied these scenarios, said the wording of the amendment restricts being elected more than twice, not necessarily being appointed or elevated to the presidency.

Some believe the 12th Amendment could block Trump from serving as vice president, since it states no one ineligible to serve as president can be elected to the VP role. But that legal distinction between being “elected” versus simply “serving” remains open to interpretation.

Even if Trump were to appear on the ballot again whether for president or vice president lawsuits are expected. Legal challenges would likely mirror recent fights over Trump’s eligibility under the 14th Amendment, in which the Supreme Court ruled Congress, not the states, is responsible for enforcement.

There’s also concern that Trump could attempt to interfere in a future presidential transition. Some constitutional experts have raised the question: if Trump refuses to step aside and believes he’s justified in staying in power, who would actually stop him?

Adding fuel to the speculation, Trump’s team has begun selling “Trump 2028” hats through his official store. His son Eric Trump has been publicly seen wearing the merchandise, which sells for $50. The move is being seen by some as another step toward normalizing the idea of a third term despite its clear constitutional challenges.