On Sunday, Donald Trump said he was “not kidding” about the possibility of seeking a third term as US president, despite the US Constitution banning more than once.
“There’s a way you can do that,” Trump said in an interview with NBC News when asked if he was serious. One such way he suggested could involve Vice President J.D. Vance running in 2028 and resigning if elected, allowing Trump to take over.
“But there are other things,” he added. “A lot of people want me to do that.”
This comment sparked a wave of alarms and speculation, especially since this was not the first time he had an idea in mind.
So can he really do this? And what are his options?
Has Trump teased the third term previously?
Trump has repeatedly suggested that he will remain in power beyond two conditions.
In 2018, during a fundraiser for his Florida resort-coming home, Mar-a-Lago, Trump was joking after China’s President Xi Jinping took office in an undecided term.
During the campaign rally, he said his supporters might demand that he serve in the third term if they were called “reparation” over Russian interference. In 2020, he said in a social media post that he should “delay elections until people can vote properly, safely and securely,” causing fear that he might try to transcend his term again.
His former chief strategist Steve Bannon has issued an official statement suggesting that Trump and his aides are exploring unconventional ways to get into power.
In a recent interview, Bannon predicted that Trump would run again in 2028 and win.
“I think he’ll run again in 2028, but I think he’ll win,” Bannon said. “I think we have a few options,” he said of how Trump could look for a third term despite constitutional restrictions.
Whether this is strategy or regular politics, it highlights the recurring themes of Trump’s story testing the boundaries of the US Constitution.
What do you say about the 22nd amendment?
The amendment to Article 22 of the US Constitution, ratified in 1951, states that “will not be elected to the President’s Office more than twice.”
The language looks easy and closes the number of presidential elections that two people can win.
However, some Trump allies argue that it leaves room for interpretation. Specifically, a person cannot be elected more than once, but it may still be possible to become president through succession rather than elections.
Why was the 22nd Amendment introduced?
Before Franklin D. Roosevelt, it was a tradition started by George Washington, and the president, who had been respected for over 150 years, had not served more than two terms.
However, Roosevelt was elected four times and served from 1933 until his death in 1945. In response, legislators moved to pass an amendment to Article 22, ratified by the state in 1951. The goal was to codify the two-term tradition and prevent future presidents from maintaining two or more terms.
Why does Trump try to avoid the 22nd revision?
The most commonly debated loophole involves Trump running as vice president in 2028. If Republicans are elected president and are removed from resignation, death or inauguration, Trump could theoretically succeed in the presidency.
This concept is based on the narrow reading of the 22nd Amendment. This prohibits people from being elected more than once, rather than offering more than two conditions. Supporters of this theory argue that the amendment may not ban Trump from becoming president through the line of succession.
Some legal scholars reject this as a viable option, including constitutional legal expert Bruce Fine.
“There is no constitutional way to avoid the 22nd amendment,” Fein told Al Jazeera.
Fine warned that if Trump tries to oppose the 22nd Amendment, there may be few other restrictions in his bid to protect the president.
“Trump wants to torch the Constitution and cor-row himself as king in 1804, like Napoleon’s self-co-op as emperor,” Fein said. “If Trump flushes the 22nd Amendment, he won’t have anything harsh against court orders… he will summon the troops to arrest and imprison the judges, lawmakers and political enemies.”
One particular limitation on Trump using the 22nd amendment language as a loophole? The 12th Amendment, some scholars say.
What is the 12th Amendment?
The 12th Amendment states, “No person in the President’s office is constitutionally ineligible and does not qualify as a Vice President of the United States.”
Clearly, if Trump is not qualified to become president and already served two terms, he cannot become vice president either, according to the dominant interpretation of this amendment.
“Trump will also be banned from running for VP under the 12th Amendment because he is not suited for the presidency,” Fine confirmed.
Therefore, the court may interpret Trump’s appointment as a direct violation of constitutional intentions as a vice president.
Can I cancel the 22nd amendment?
In theory, yes. But that’s very unlikely.
Constitutional amendments are required to revoke the 22nd amendment. Two-thirds of support is required in both the House and Senate, followed by ratification from three-quarters of the state legislature (38 out of 50 states).
Currently, Republicans only control about 28 state legislatures. In Congress, Trump’s party doesn’t have the two-thirds of the support it needs in either room.
Is there any other way for Trump to become president again?
Technically, yes, I argue some lawyers.
If Trump is elected as VP, the president he was elected may not even have to resign to help Trump effectively lead the country, Pennsylvania law firm Cornerstone Law proposed in an article months ago. In theory, if the president is temporarily neutralised, Trump could serve as a “representative president” under the 25th Amendment.
This argument relies again on the fact that the 22nd Amendment has been elected more than once.
Still, Cornerstone’s article acknowledges that this interpretation has not been legally tested and is likely to face major challenges.
Other options such as Trump, for example, enter the line of succession of the president through cabinet appointments, have come to the public, but once again we need to navigate serious constitutional and political obstacles.
He can also serve as an informal “shadow president” in future administrations, harboring a huge political shaking without an official title.
But even so, the court may consider the overall purpose of the 22nd amendment.
Still, Fine said Trump’s rhetoric and intentions should not be dismissed as mere trolling.
“Except for those who are gross, Trump is setting the stage to light the match against the constitutional order,” he said.
Ultimately, he said the law is only as strong as the willingness of the people to support it. It’s something that people are willing to “fight and die.”
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